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gautam (not disclosed)     17 October 2013

Can wife file 498a after 14 yrs of marriage

if staying with wife and MIL in own house paid by own money, with no social relation with my parents, what are the false cases a wife can file?

a) 498A - can 498A file against me or even my parents/siblings?

b) DV - i heard this is a civil case, what are the implications?

c) Maintenance

d) RCR

??



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 6 Replies

ashoksrivastava (scientist)     17 October 2013

Originally posted by : gautam


if staying with wife and MIL in own house paid by own money, with no social relation with my parents, what are the false cases a wife can file?

a) 498A - can 498A file against me or even my parents/siblings?

b) DV - i heard this is a civil case, what are the implications?

c) Maintenance

d) RCR

??

@ querist  498a  can be filed against you and/or your relatives.Dv will not be maintainable against your relatives since they are not living in sharedhousehold with your wife.  If the trouble has just started brewing make a sincere attempt for reconciliation, as you both have spent such a long  time together.

regards ASHOK

Ms.Nirmala P.Rao (CEO)     17 October 2013

Firstly ,DV is not a civil case and it's  a  criminal proceeding to be filed before  a Judicial First class/Metropolitan Magistrate etc...If your wife is gainfullully employed and if you can prove it in court, you need not pay any  maintenance to her. If you want  her society and she has actually or constructively deserted you etc, you can file Restitution of conjugal Rights case  against t her. You say your Mother in Law is also living with you in the same house.Section 498 A can be filed against you and your parents , siblings etc. But since thery are not staying with you and if you  can prove to the court's satisfaction that you are treating both hour wife and mother in law out of your own income and not practising cruelty etc against them, you can exonerate yourself from false DV and 498 A criminal cases by proving your innocence etc.
 

Ms.Nirmala P.Rao (CEO)     17 October 2013

Also if you are satisfied with my above reply please press the "Thank You" button on my profile.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     17 October 2013

Mr. Ashok is rightly advise

T. Kalaiselvan, Advocate (Advocate)     17 October 2013

Ms. Nirmala Rao has rightly opined and properly guided you.  As the name suggests domestic violence case will be tried by a Magistrate in a criminal court of law hence only the criminal law procedure will apply.  However, though the wife and mother in law are residing in your own house, there are possibilities for domestic violence by other members of your family against your wife which can be on their visits to your house or vice versa, your parents or sisters or brothers might have involved in torturing her orally over dowry or any other aspect hence there are possibilities for impleading others also in the case, so donot neglect even a small issue in this regard.  If you both are living under the same shelter, what is the necessity for restitution of conjugal rights case? about maintenance, is she contemplating to file one despite living under your care and custody?  My suggestion is that you do not keep worrying about nothing so soon, if you apprehend some danger in this regard you may take precaution foreseeing the particular subject accordingly. 

I love my parents (law)     29 October 2013

 

Dear All I am also  need help in same matter.Pls


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