in 498A can a husband preempt by lodging a case beforehadn

Originally posted by :revolutionary
"	Can I prempt a case of domestic violence on her before she does. We are still living together and I have not told her that I want to seperate	"

 

in india a man cannot use dv act.

Hi revolutionary,

I am just telling this as per my understanding of Men in India, it may not legally correct. Men are absolutely no power. If you are going to the court without any reasonable evidence, the court will not hear your voice. So I think you can do..

1. Dont say anytime you want to separate now. It will bring to the status you need to pay huge amount her as maintenance or alimony.

2. Just make her to shout on you and record all the voice she use to shout on you and your parents.

3. Make some good evidence from her voice and keep it in safe place. Hide it somewhere.

4. Hide your passport and other important document now itself.

5. Make huge investment now and bring your monthly balance very low.

6. After all over, send her home for a vocation and file Divorce on some ground.

But if I make investments and I have already left my job hence there would be no earning, I have started working as a free lancer and she would not know the amount being earned. But my parents have invested into propert and FD in my name so she can she ask for share in that also?

pls engage a good layer now in a day it is not a big problem

pankaj gupta advocate(09828103687)

Querist,

There is no bar on her trying to implicate your sister who has never had anything to do with the both of you. But her claim would not be sustainable in a court of law - though it might cause a little inconvinience in the initial stages.

Secondly - You can obviously pre-empt but there uis nothing such as domestic violence case that you can file against her. What you can do is intimate the concerned authorities with all that there is - that supports the case of husbands. Which might protect you immensely if god forbid, she decides to file the case. It would also help you in your anticipatory bail application.

 

There is no substitute for Specialised Legal Assistance.

Regards.

Author,

      If u dont want to live with her then why dont u talk to her  frankly.U are saying 'We are still living together and I have not told her that I want to seperate that means u are staying together and doing conspiracy against her??

What does it mean living together , saying lie that dont want  to get separated and asking for legal advice??????

 

who is wrong???

Dear Ms Kaur

  Do you really believe any sane person would want to disrupt his own life? Do you really believe that people just one day get up on another side of bed and decide that today they feel like  having a divorce.

Its after lots of verbal duel that and various other issues you realise that the relationship would not work. Its better to let go at a stage where in atleast both the parties would not go through further anguish. The reason for post was very simple...if you check the words pre empt. So you expect that knowing how women misuse the legal framework in India, I should not even try to get a AB and let my parents go through a painful divorce wherein they also could be made a party for no fault of theirs. I think not.

May be you did not even read my post.  The concern has been to protect my family, just in case if the lady who was supposed to make a house a home decides to make it a graveyard of relationship.

Is it wrong to just be careful and get advice upfront or go ahead tell her I want to seperate and she files a DV and 498a against me and my family and we end up in jail? What choice would you have made? Any suggestions from anyone..?? WHAT WOULD ANYONE OF YOU WOULD DO?? GO TO JAIL OR BE CAREFUL AND GET ADVICE ON CONCEQUENCES AND TRY GET AB? 

Don't worry about utpala mate..... focus on your priorities.

Your mother can very well file DV on your wife..this is very much applicable..but she has to make you a party..

After your mother files DV on your wife and you...you file divorce..and at the same time may apply for AB..

Your job is done...your mother may then withdraw the DV case..

 

Regards,

Gautam

As advised by krishna, U shud collect evidence of cruelty against her, it will help u out in false 498a+getting divorce. When the work is done, start with DV case frm ur mother side. Rest all depends upon detail facts of ur case. Try to engage a good lawyer 4 help!

Mother filing DV on DIL should be done with considerable tact.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com