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Sabir Kotkar   05 January 2021

Can wife file false case 498a after sending sec 9 notice

There is no response from wife and her family to return home. Now I decided to send notice to come back. So I want to know after sending notice can wife file 498a false case against me. She left without reason. I have call recordings of his father and he always says that he also don't know the reason and he always saying wife is not ready to come. From the date of she left not a single call I received from wife or by her family or relatives. I tried number of times to connect and request to give phone to her but her family not given to talk to her. Wife phone has been switched off from next day when she left. 

So by proof of call recordings, not declaring reason since last 2 months and till now no mentioned of any harrasement in call recordings and from her family and relatives . So can I save from false case of 498a after sending notice to come back. Please guide. 



 6 Replies

Anubhav Tyagi   06 January 2021

Hi,

Your wife will most probably file an FIR against you and you cannot stop her from filing an FIR. You may soon receive a call from CAW cell as she might have already filed a complaint against you.  You must take appropriate action.

Best wishes

Anubhav Tyagi, Adv

1 Like

Sabir Kotkar   06 January 2021

But there are no harrasement. She left suddenly without reason. Her father and mother both call conversation has been recorded even they didn't mention anything regarding harrasement. Only the reason was they said you making s*x relationship gap of 10 or 15 days. That's only the reason they mentioned in their conversation till now.  But this are story original reason are not mentioning. 

Adv chirag Vajani (Advocate)     06 January 2021

Your notice will not take away her right to file any complaint against you. She has discretion to file FIR u/s 498a of IPC, Complaint under DV act and/or dowry prohibition act, She can move application u/s 125 for maintenance as well.

498A. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

Cruelty is subjective term and Cruelty simpliciter is  a ground for divorce under section 13  of the  Hindu Marriage  Act. However,  the word `cruelty' has  not been     defined.

Consult your advocate who sent legal notice to your wife as he is already handling your matter and knows your matter in much detail than us. 

Dr J C Vashista (Lawyer)     07 January 2021

Settle / reconcile disputes amicably engaging common relative(s), elederly persons from society freinds etc. without availing legal option(s) which shall spoil your married life.

Sabir Kotkar   07 January 2021

Yes we tried.  But in-laws are completely avoiding us to contact in any way. Wife father is an cheater and fraud person. Everyone is saying he may have done big plan for sake of money. He may arranging my wife to any other person. 

Adv. Mohit Chahal (Advocate)     28 March 2021

YES, your wife may file a criminal complaint against you and your family under section 498A etc. despite of fact that you had filed a petition of restitution of conjugal rights under section 9 of Hindu Marriage Act.

Hence, petition by husband u/s 9 of HMA is no bar in filing criminal case by wife


Regards
Mohit Chahal
Advocate
District Courts, Hisar
9968911099

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