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498a on my husband and his family

Page no : 3

Ravi (a)     09 December 2014

you are earning and your husband is earning. expenses borne by you both in the marriage are towards running the family and love. if you say, they misused your money. he will show he has spent his salary on the future thing while your money is being used for the welfare of home, family etc.

so you wont get a single rupee. when you want divorce, you can get divroce but no alimony and maintenance because you are a working lady and can be proved by him easily.

if you can prove dowry given by you is true, it is against you and your husband becasue law is against dowry giving and taking. but if you can prove that he harassed you by asking money or dowry fo rhis own purspose, you will get divorce and he will get jail. 

to prove 498a is very difficult as he can show off his evidence to say he has kept you happy and you also left him for no reason, etc.

think twice thrice and take decision and move on with a new life. if you plan to misuse the law, law will become against you also. it will take ages and eventually, you will be empty handed. 

Sivaram (SE)     09 December 2014

Giving dowry and agreeing to pay dowry is also crime. 3 years sentence. it will definitely charged.

Not standing on promise (like promissory note) is also crime. Intentionally doing any thing wrong is also crime. under section 420. It is like check bounce case in banks.

MohanK-700 (Architect)     09 December 2014

Anusha,

  1. Court cases will not  make your life better or improve your living standard. I am assuming that very recently you have filed cases. Courts and lawyers cannot be part of  family living room unless you wish to bring them where in so there would be no family except your  parents.
  2. You wont achieve any thing by sending your husband to jail. From your earlier posts it is clearly evident that you did all this or doing all this to satisfy ego. Nothing more than that.
  3. Earning less money/salary does not make some one bad. If you look in the society you are much better placed than others.
  4. There are many other options for you  to exercise depending on if you want to live with him or not.
  5. Also, Please make a note that  there is no guarantee that second marriage  will be succcessful or at the least you will feel that you will be happy  some how.

Sivaram (SE)     09 December 2014

I am not misusing it , i have proof that he asked dowry in mesages , ofcourse he also asked to clear the loan but my parents are not able to clear it .

 

You have misused by including his family members in FIR. You cannot prove on them as they can't type/ they didn't type SMS to you. You do not have proof. You will be in trouble.

 

Any SMS's you received or sent after filing FIR is not considered.

Sivaram (SE)     09 December 2014

If he has used  in SMS as "Even though you have not given dowry, why you people took loan from my wife"? 

 

Then SMS will not be considered as proof as this is not like demanding, this is like stating or praying for not disturb us financially. Will not be considered.

 

He has used bad words, go for Domestic violence case. Why 498a. It will catch you back, if you can't prove.

Sivaram (SE)     09 December 2014

Are you only child of your parents?

Ravi (a)     09 December 2014

if your case is a genuine case and harrased truly by husband and if you have a documentary evidence (SMS, audio, video are secondary evidence only), you will defintely win. but if you file a case on someone (like his parents, family members) out of anger, it will be costly for you even though your case is a fit 498a case.

Anusha (Software Engineer)     09 December 2014

yes i am only daughter to my parents .

My fri name is veeru good fri, he is helping me to do this. he adviced me to do this.

But My husband is not giving the divorce to me. what to do. Now i cant go back to him and face him.

I want my life back i want my parents to be happy.

Sir my cousin marriage is on jan 2015 . As stated earlier my gold is with my husband's brother axis account. I have taken gold loan with my gold using my husband's brother.  they are paying interest every month.

My cousin marriage in jan , Now i want them . when i informed to my husband he said that it was in brother account , So i cant ask him after all this nonsence he said.

I dont want to SMS/call /or mail him becasue i kept him 498a too with this issue in FIR. how to get my gold please advice.

Sivaram (SE)     09 December 2014

for that gold loan, you only took money, but now they are paying interest for that loan. but gold is yours. CORRECT me.

Anusha (Software Engineer)     09 December 2014

yes i am only daughter to my parents.

yes i have SMS as proof.

From last 4 months he was asking me to come home. Is that a crime ? i can file one more case on him ?

1) I did not apply divorce till now. papers are getting ready but not yet signed.

2) If he get jailed, is it possible to get divorce , how much time it take.?

3) From the day kept FIR , we both got counselling but he was not ready to leave me . From that time he was giving SMS daily asking me to come home , Is that a crime can i file case on him for disturbing me.

4) If he shows that message in court, court think in soft corner or he will be jailed ?

5) I am not responding to any of his messages . If i want anything i am asking him by sms/call. Am i safe in that  

Sivaram (SE)     09 December 2014

asking by sms is good. You will have proof.

Ravi (a)     09 December 2014

whatever your husband is doing is right from law point of view. whatever you are planning to do or are doing it is against the law. you will realize this at the end and i can assure you, you will repent. my suggestion is to go back to your husband and start a new life with him with complete trust, love and bonding.

1 Like

Sivaram (SE)     09 December 2014

1) asking to come home is not a crime.

2)Divorce will not have delay of jail.

3)Sending him to jail is all depends on prosecution (very less chance). Don't think you won't be punished. You also may need go to jail. Don't think that "I am female. Indian law is gender biased."

 

In 498a cases judges looking for external affairs of any one of the couple. This is their first eye in many cases and it is common in noway days. In this kind of cases will get immediate divorce.

 

If they found any symptoms by investigating Officer (IO), he will mention it as note.

 

Live in relationship is suggested like film stars, without marriage. One can save and utilize their youth.

 

Film stars did converting to other religions where bigamy is allowed and after verdict in cases they do come back to their own religion.

 

Please do not waste your young age. Why to waste time. Go for mutual concert and enjoy life. He may ask or may not ask money for mutual concert after listening your decision.

Sivaram (SE)     09 December 2014

This is for readers of this blog:-

 

I think people with side eye and unstable mind can't live happily. 

 

Love marriages :). One more love marriage  :)->->->

 

That is why there is a saying "widow is far better than divorced" :)

 

Mana peddala saametha:-

 

Mogudu sachinadaannina thagulukovachu kaani mogudu vadilesina daanni kaadhu ani (telugulo) antaaru.

 

Latest entante

 

Mogudine vadilesinavallu dorukuthunnaru.

Anusha (Software Engineer)     09 December 2014

Sir , Initially i love him , but due to caste desputes i left him and went to marry other person. But at that time he came to know that and he asked person to drop .

My marriage is cancelled. later me and my parents went to his home , I said sorry to him for doing like this .  his parents accepted marriage .

i have added this point as he ruined my first marriage in FIR . Is that going to be a problem. because it is fact that he disturbed my marriage .

I loved him and for my parents i went to marry other person. because i should respect my parents . Because he belong to lower caste my relatives are not interested to marry him. 

So i left him but he ruined my marriage and made me to come to him. Is that not a mistake. ?

I have written in FIR that he disturbed my marriage. 


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