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Filed 498 against my husband

Page no : 2

Vijay sirodiya (PT)     14 August 2014

I wish n pray to god that u bleed every single day And obviously u would not have filled 498a 9n husband but entire family which u r hiding.. u have put innovent old parents n married sisters in jail.. blood of innocent people in ur hands

stanley (Freedom)     14 August 2014

@ Author . 

1. You have 2 options one you can stay with him or two you can go for mutual Divorce . I presume now that you have filed 498 A go for option no 2 MCD. Since once a case goes to court the marriage is over . 

2. You have stated proudly that you have filed 498 A . Do you understand what 498 A is ?? and how are you going to prove the charges without any proof or evidence or without any MLC report . if at all there was any issue you could have talked it over with your husband and sorted it out rather letting your ego to do the talking.  Rather you are stating that your husband is a Mental case and your are seeking solution from police station with no results from them .

3.  Nowdays Doctors / psychiatrist only want to make money . Have you ever noticed that when your not well on the first visit he prescribes medicines and treatment and tells you to visit him back after a week or 10 days . They only want to abstract money from the patient by calling him back repeatedly . 

4. If your lawyer uncle has stated you to do so than he/ she should be able to get you out of the situtation ? Rather than you seeking an answer over here.

 

5. Most probally i feel as you say that the child needs father than its best you apoligise to your husband and state in court that you have filed false 498 A case . than maybe your husband will think about it . 

Priya (NA)     14 August 2014

Not yet 498 but if he did not turn up in police station I will have to do that.

I have given complaint against my husband so that police will do counselling but he and his family members are not responding. moreover he tortured me abused me after delivery he forced me stay with him when I needed proper care. His family interference has made my life miserable. His father has expired when he was 16 so his brother in laws give all suggestions to torture me and he does without thinking.  He planned to take all my bank balance and emotional blackmailing is his weapon against me and I am too sensitive. I have given him money when he demanded and asked for more and threatened me not to ask where he has spent the amount. there are many to say. The most important is he tells so many lies which is unbearable because I never lie for small reasons also. he has no shame and his family supports in his all public dramas.

A wife does have the right to ask her husband where he is spending tha amount which I gave him or not.

Sugam Dayal (Business)     14 August 2014

Hi Priya,

Everybody has their capacity to fight abuse and pressure. for someone an abuse is no more than a bad behavior which they can handle and for others that abuse can push them to do steps bigger than the accusation. 

Your case is similar to that. You want to have father for your child and you cannot stand your husband's atrocities accordingly to you (forget about what people's defination of atrocities).

In that case, you have to either try tactics to manage your husband behavior or learn to live with the situation.

In case you think and which u have decided that you want to separate, always remember law has no eyes. personally you may be overwhelmed by your situation, but court needs proofs and evidences which can support the cause.

Your case is that of DV Civil Case on the basis of mental cruelty and not on 498A. Below is defination of 498-a.

Now you have to provide evidences for the below mentioned situations plus you have to fight it till the end. You cannot take it back and compromise. you have to quash it. for that you have to again go to high court. and this may run for years after years.

Everybody has the right to get justice, you have to decide what justice you are looking for.

1. getting a father for your child

2. maintenance for your child and yourself.

3. court order to say that mental cruelty was conducted and you should get a divorce

4. accused behind bar and you running across courts. Here court will check whether the act happened wilfully or under the regular matrimony quarels 

Other than point-4, for other points you do not need 498a

 

Section 498A[8] was inserted into the Indian Penal Code in 1983 via an amendment. It protects the wife from harassment by the husband or the husband's family in cases where an illegal dowry is sought. The section reads:

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.

Explanation-For the purpose of this section, "cruelty" means-

(a) Any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health whether mental or physical of the woman; or

(b) Harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her meet such demand.[9]

 

stanley (Freedom)     14 August 2014

Originally posted by : Priya

Not yet 498 but if he did not turn up in police station I will have to do that.

I have given complaint against my husband so that police will do counselling but he and his family members are not responding. moreover he tortured me abused me after delivery he forced me stay with him when I needed proper care. His family interference has made my life miserable. His father has expired when he was 16 so his brother in laws give all suggestions to torture me and he does without thinking.  He planned to take all my bank balance and emotional blackmailing is his weapon against me and I am too sensitive. I have given him money when he demanded and asked for more and threatened me not to ask where he has spent the amount. there are many to say. The most important is he tells so many lies which is unbearable because I never lie for small reasons also. he has no shame and his family supports in his all public dramas.

A wife does have the right to ask her husband where he is spending tha amount which I gave him or not.

I find your posts contradictory . 

a) you have stated that you filed a police complaint in your first post can you tell us under what sections of IPC this FIR is registered . 

b) In your next post you state that you have not filed a complaint . 

c) Even if you file 498 A what are you going to achieve since with the new rulings there is no arrest until and unless the police has to take into account the reasons for his arrest . Even if he is arrested he will be released on bail . 

d) On one side you state that you want your son to have a father and than you state that you are going to file a 498 A complaint . 

I can read between the lines .You seem to be a dominating person using laws to threaten your husband and i have to state it wont work with false allegations .  In software companies this is quite relevant as every third person is facing these issues due to their egos . 

498 A fighter (Advocate)     14 August 2014

Originally posted by : Every Sufferer is a Saviour...

She who seeks vengeance must dig two graves: one for her present life and one for herself   for future present life”




 
 

All is NOT well (Harrased by Biased Laws)     14 August 2014

Besharmi ki had kar di Mrs. Software Professional aapne to...

You people only set the examples for other ladies who doesn't hesitate of misusing the laws.

Sudhir Kumar, Advocate (Advocate)     14 August 2014

Originally posted by : Vijay sirodiya
I wish n pray to god that u bleed every single day

And obviously u would not have filled 498a 9n husband but entire family which u r hiding..

u have put innovent old parents n married sisters in jail..

blood of innocent people in ur hands

please share your thoughts at

 

https://www.lawyersclubindia.com/experts/Worried-harassed-by-husband-487246.asp#.U-v5c6NvdG1

Sudhir Kumar, Advocate (Advocate)     14 August 2014

Originally posted by : All is NOT well

Besharmi ki had kar di Mrs. Software Professional aapne to...

You people only set the examples for other ladies who doesn't hesitate of misusing the laws.

please share your thoughts at

 

https://www.lawyersclubindia.com/experts/Worried-harassed-by-husband-487246.asp#.U-v5c6NvdG1

T. Kalaiselvan, Advocate (Advocate)     14 August 2014

It is requested that let the experts not cross the limits while replying the querist, she has sought some advice here, whether her problem is genuine or not, nobody has any right to insult her with arrogant and insulting language. 

@Querist: you may consult a local lawyer and proceed as per his advise.

2 Like

Advocate. Arunagiri (Advocate High Court Madras.)     14 August 2014

Experts are here to advise and help the needy people. We have no right to pass unpleasant comments on the author. Even if we agree with the post of the author, we should express that in our professional way.

Sudhir Kumar, Advocate (Advocate)     15 August 2014

I have given a thread refenrence

 

https://www.lawyersclubindia.com/experts/Worried-harassed-by-husband-487246.asp#.U-v5c6NvdG1

 

Some experts above can (by virtue of sound knowledge and experience] contribute to that thread as one lady is openly admitting misue of 498a on that thread.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     15 August 2014

Section 498A was made for the real sufferes and this should not be misused by anyone so that its seriousness may be felt by all accused persons means real culprits otherwise it has already lost its credit.

All is NOT well (Harrased by Biased Laws)     16 August 2014

I am sorry for my harsh words @queriest - i believe you must be knowing karmfal rule means jaisa karm vaisa fal So no wonder if tomorrow the same thing will be done by your son's wife on you, your beloved son and with your relatives... So please think before just adopting the trend and fashion of implicating the fake cases as tomorrow you may be the victim of the same ..

Sudhir Kumar, Advocate (Advocate)     16 August 2014

Originally posted by : All is NOT well
I am sorry for my harsh words
@queriest - i believe you must be knowing karmfal rule means jaisa karm vaisa fal

So no wonder if tomorrow the same thing will be done by your son's wife on you, your beloved son and with your relatives...

So please think before just adopting the trend and fashion of implicating the fake cases as tomorrow you may be the victim of the same ..

 

your experince is needed on https://www.lawyersclubindia.com/experts/Worried-harassed-by-husband-487246.asp#.U-v5c6NvdG1


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