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Ebuchnezz   24 September 2015

Possibility of filing 498

Hi,

I am abroad and my wife came back to India 5 months back citing her brother's marriage and we are separated since then.

She has already taken back her wedding articles through use of local police.

She had earlier left me similarly a year back of which I have a lawyer's notice (not court) sent to her.

She is now claiming physical assaults, dowry harrasment in the DSP office.

Is there a legal possibility she can use 498 against me or family? How strong can be my side? Can I first initiate separation.

 

Thanks



Learning

 4 Replies


(Guest)

of course there is a possibility. can you tell me what exactly happened from the begining ?

Krishna Murthy Pasupula (High Court Advocate )     24 September 2015

Sir,

1. It is evident that some misunderstanding is between you and your wife, which is the reason your wife away from your home.

2. Always be tolerant for discussions and amicable solutions for family Disputes.

3. You directly talk with your wife and inform the problems, what you are facing in all fronts, don’t involve other persons between your discussions, which will end up without positive results.

4. If all the ways closed then try for Divorce by mutual consent is the fastest and easiest way to divorce in India, there is no meaning continuing the relation and it is better to concentrate on your future life.

5. As per H .M. Act, for grant of maintenance and alimony court takes into account your income. , your life style. Whether your wife is working or not, conduct of parties and what court feels is reasonable amount .the age of wife, period of marriage is also considered by court while determining alimony to be paid to wife. There is no definite formula as to the quantum of maintenance and it differs from case to case, status of the parties and the past conditions.

If you substantiated that your wife is qualified and earning income, according to the facts court will decide the maintenance and alimony

________________________________________

Krishna Murthy Pasupula| Advocate- High Court Hyderabad|

 

                            

Ebuchnezz   24 September 2015

Thanks Sir/s

We were married several years ago and were living in a metro. My parents were not staying with us but my sister along with her child. She left along with her father when no one was at home, citing emotional torture by my sister. I had then sent the lawyer notice. But later, I went and spoke over the differences and we lived in a separate house.

We then travelled abroad as I got an opportunity.

Then came her brother's marriage for which they did not invite me but sent a ticket for her alone without my knowledge. It would not have been possible to travel anyways as visa renewal was around the corner. She told me about the tickets a week before she travelled. In spite of my repeated discussions, she went away and then I stopped all communications with her.

Her family then started approaching my parents - first using local goons, then through Women's Police Cell and now through DSP - asking for jewelry which were not given in the first place. She is now stating things which never happened such as dowry abuse, physical assault.

I sent my lawyer (I could not trust my relatives) to speak with the elders of their house for an amicable solution but they are hell bent in screwing me - waiting for me to come back so that they can file FIR and spoil my career.

Is restitution of conjugal rights a good approach?

SAINATH DEVALLA (LEGAL CONSULTANT)     24 September 2015

The wife is at liberty to file 498A and DV on her entire matrimonial household any time.That's a dreaded sworded  given to a woman by our law makers on the pretextthat women have been the sufferers under the male dominated society since ages.

Whatever it is, better go for an amicable settlement of the issue than going for legal solutions.


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