Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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sagar jadhav (employee)     04 June 2014

498a flat on rent

Hi

wife is filled 498 a complaint and police has called me,police know my flat location

suppose I abscond,will anyway wife take charge of property?



Learning

 7 Replies

Adv. Chandrasekhar (Advocate)     04 June 2014

If it is only complaint, the police will not do such thing.  If Section 498-A FIR has been registered and if you will not appear to court summons, then the court will proceed under S.82 of Cr.P.C. for attachment of the property.  Otherwise, if wife files DV case and there asks for residential rights, then in your absence, the case goes ex-partee and she can enter that house after obtaining court order.

sagar jadhav (employee)     05 June 2014

Thnaks still now no FIR filed

ANAMIKA VICHARE (LAWYER)     05 June 2014

To bre on the saferside, if you believe that yr wife lodged false complaint against you...you file Dvorce Petition on the ground of cruelty and also mention the Gold Jewellery presented to her and the custody of the same...If at all FIR is lodged you will get anticipatory bail and will not be delayed for want of recovery of Streedhan on the basis of statements made inthe Divorce Petition.   Further even if you want yr wife back, herc onfidence wqill go down and shewould say thta she wants to stay with you i that case during pendency of the divorce petition you can cohabit on trial bas=is without withdrawing the matter...if you go on well, welll else continue further hearing

 

Anamika Vichare

Advocate, High Court

Purush Hakka Suarakshan Samittee

9920764088  [cals strictly recd btn 7.30pm-8.30pm

anamika_vichare@rediffmail.com

1 Like

Q Slinger (NA)     05 June 2014

I don't agree with Anamika...filing divorce only makes your intent very clear that you don't want your wife and that usually does not sit well with the judge well. You can claim false case, but whether its a false case or not is up to the court to decide and until that decision, you cannot call it as a false case and use that as a reason in your divorce petition.

 

Another problem is, people feel that divorce will give relief in such situations and will keep them from getting into further false cases. This is NOT TRUE AT ALL! There are plenty of cases where the divorce has taken place years ago and yet the ex wife still filed 498a and DV on the husband. That's how silly and stupid our laws are.

 

Another disadvantage in filing a divorce is that she might get remarried and use her new husband's assistance in fighting the case. Remember, don't make it easy for them..don't file divorce.

Sudhir Kumar, Advocate (Advocate)     29 June 2014

CONNECT LATEST thread

 

https://www.lawyersclubindia.com/forum/Plz-answer-pinpointly-104671.asp#.U7BBB0BvdG0

 

 

facts are spread over on

https://www.lawyersclubindia.com/forum/details.asp?mod_id=103133&offset=1#.U7BBCkBvdG0

https://www.lawyersclubindia.com/forum/details.asp?mod_id=103306&offset=1#.U7BA_kBvdG0

https://www.lawyersclubindia.com/forum/details.asp?mod_id=103580&offset=1#.U7BA90BvdG0

sagar jadhav (employee)     28 September 2014

Thanks Mr Sudhir

KISHAN DUTT RETD JUDGE (RETIRED JUDICIAL OFFICER)     17 March 2018

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.

 

With regards,

Legal Expert


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