Sunny (AA) 10 May 2013

False dv/498a from wife

Hello,

We got married in Feb 2011. Love marriage. Since then my wife started quarrel over small things with me and my family. She kept on saying bad things about my family including my married sister. She never stayed with us for continuosly one month. After every 15 days she went her maternal house giving some false reasons. Mar 2012 she file police complaint against my mother and my wife of DV. Police came to use and advised for councelling and left with our statements. After that she left our house and didn't come back till date. Its been more then 1 year now. Now end of last month she filed DV/Dowry/Harrasement cases in Women Cell as well as our local police station. Police called me for continuously 4 days and sent the case to women cell after our statements. Now our case in women cell. She even had miscarriage in Dec 2011 as she didn't take care during her pregnency. Doctor even mentioned this in her papers. She even gave name of my married sister and Brother In Law including my mother, father and me in her complaint.

Can someone please advise if I can file divorce case against her? I don't want to stay with her at all.How to save myself and my family from this 498A torture? Can I say openly in women cell that I don't want to live with her anymore?

Please advise. I need immediate help!!

Thanks,

Sunny

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3 Replies

abhishek (advocate) 10 May 2013

has the fir has been registered? if yes than try for ab before session, if not succed before applying for ab in hc go for quashing and more imp. hire a seasoned lawyer

ashoksrivastava (scientist) 10 May 2013

At this stage its not advisable to think of divorce.Also avoid making a blunt statement like you are not ready to take her back, before any authority. You may say that she will be welcome if she mends her ways.Your immediate priority should be to get AB for your self and your family. After that you may file divorce petition. regards ASHOK

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 10 May 2013

to save your parent, brother, sister, etc from 498a, you may ask your parent to legally disown you, your parent need to contact a lawyer to file affidavit in court.
Once your wife files 498a, just go underground, do not get arrested at any cost, make your lawyer apply for bail for all those people who have been named in the FIR, surrender to court after bail is denied.
Ideally Police should not register FIR if your wife is living separately from you , so make sure that you have got some solid proof for the same as example you can send legal notice to your wife to her address asking her to come back. On the basis of the notice file the Divorce immediately.