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sarita (no)     24 March 2011

about 498

sir'

i want to know if i loss the 498 and my husband file divorse pettion against me the result of 498 affect the case?i filed the case because they not take me back i want live with my husband but he refusing it.



Learning

 7 Replies

Tajobsindia (Senior Partner )     24 March 2011

@ Author


Filing S. 498a IPC on husband and may be on his side of family means he / they have done acts of cruelties upon you ad aggrieved by such extreme acts of cruelties you are
knockings STATE to convict him / them with imprisonment etc. I mean you have taken such big steps and now you wants to rejoin him !


I fail to understand who advised you to file S. 498a IPC on husband and or his side of family members instead of using milder Sections of Family Law if you were at one point of time in your life aggrieved n some family matters?


If he and his side of family gets acquits means your cruelties charges were not established but filing such extreme sections of Indian penal Code on him without his conviction is cruelty upon him.


Now, how you think you shall fit into his family and or his heart once you used S. 498a IPC and probably few other IPC sections on him / his side of family?.


You write in English itself shows you are educated women and it also shows how S. 498a IPC is openly misused by women like you. He is right in refusing a 498a wife to come back to his FAMILY LIFE. Now start praying and become a sanyasi to wash away your sins which is better for your this karma.


I pitty some of the women writers here who keep on saying 498a is filed by Indian women on compulsion only and your brief shows all the more frivolous compulsions.

1 Like

(Guest)
Originally posted by :Rajeev Rakheja aka Tajobsindia
" I pitty some of the women writers here who keep on saying 498a is filed by Indian women on compulsion only and your brief shows all the more frivolous compulsions. "

 

 

 

Maybe she was wrongly advised by her lawyer.

 

Ignorance of law is no excuse may sound good,but what does out govt. do to spread legal education?So may common people get misled by lawyers only.

Not all people have internet facility to come to sites like LCI to get legal knowledge.And not all internet users know about LCI.

Tajobsindia (Senior Partner )     25 March 2011

@ Meenal

Oh yes


Till how long you women writers will keep on passing the buck from NCW to Govt. to Lawyers to poor women to LCI to illiterate women to negligible internet penetration to what nots………..the get rich – dump hubby and in-laws – arrest of hubby and family charm of S. 498 IPC is no more there now-a-days and ld. Advocates know this more than you atleast……………


In case of doubt read one of the best articles by a prudent expert at


https://www.lawyersclubindia.com/articles/Ignorance-of-Law-cannot-be-an-Excuse-at-all-whether-in-Civil-or-Criminal-matters-3509.asp



Still in doubt read one my earlier article on RTI reply from WCD and NCW and on their advertisement budget on spreading legal education then come back and rebut if any.

 

Ta ra rum pum……

1 Like

Vicky (c)     25 March 2011

@meenal

there are many many loopholes in each and every system....same goes with men and women...same goes with lawyers and clients.....

but in this way no one can justify the wrong steps taken by educated people like you, me, sarita or anybody else...

We need to change ourself 1st......we have to start with ourself.....So Sarita might have started from herself by not filing wrong 498A.


(Guest)

I agree that misuse of law is harmful to genuine women victims whose cases take a backseat.

But my question remains unanswered.

People are expected to have knowledge of minimum basic laws,such as not keeping wild animals in house as pets,illegal constructions etc. as written in the article whose link is given above by tajobsindia.

However in many cases where a girl is not allowed entry to her matrimonial home,she is so desperate to live with her husband that she may take wrong steps like 498A,instead of simple DV Act,if she is mislead by her lawyer who may tell her that by putting a heavy pressure through 498A,her inlaws will take her back.

 

Many women may not even know that for going back to husband DV Act is the best means.

Some file RCR also to go back,which is a time consuming process.

 

If govt. starts legally educating people of all laws through newspaper,TV,etc. and most importantly,about their pros and cons,then,after that also if someone takes wrong legal steps,he can be blamed.But if there are no such efforts by govt. we can't go on blaming litigants.

 

Vicky (c)     25 March 2011

@meenal

we, our laws and thinktanks all are usually wrong at a basic point....which is....if husband's family or husband dont like her entry to the house....then why she wants to go back to them...we need to change our thinking here... she can forcefully enter the house using 498A but she can not get entry to their hearts.....so probably that house is not for her...she must find her life somewhere else...thats what men do...when they dont get life with wife ...they go out....its time for equals......i dont say his family must be spared....they must be dealt with other laws available for seperation.....

and for your kind information women in India are neither dumbos nor ignorants...they are far smart than you can imagine....I shall request you to not to picturise them as lazy slave abla bechari kindda.....they are pretty modren and advanced. they are ahead or equal in almost all fields

for your kind information less than 0.1 present wives file 498A. In my veiw only immature people come to the conclusion of filing 498A.........except the real cases if exists.

Normal practice is.....women in house wants to win in a daily argument and when she is unsucessful...she takes the matter out of bedroom or house....and then slowly it goes to 498A. to my understanding 498A is never to be a tool for resolving domestic daily arguments or tempramental diffrence between people.

We all have to change our thinking process specially to our law makers......

if you talk about knowing or not knowing a law......u dont need to be educated...u only need to know what is wrong or right consciously....and we all Indians blv in God since our childhood so we know what is wrong doing and what is good....so I dont buy your this argument....women who file wrong cases they know everuthing very well since begining that they are doing wrong. but when they start loosing they start telling you bulsh*t...they try to show their all ignorance like they are milk fed infant

this is same with all the criminals...men or women....even murderers say that they killed with mis-guidence....I consider women filing false cases criminals and criminals can be forgiven...but thanx to our indian thinktankers and laws who are sparing Indian criminal women and spoiling the Indian society


(Guest)

Dear Sarita

Now what do you think will he take you back after 498a ?

 

You filed 498a to teach him a lesson or show your power, and now its your turn to suffer.

 

There is 0.01 chance that any man could even dare to marry a 498a girl.


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