LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

S.B _Kolkata (Service)     17 December 2009

How to prevent the effect of 498a on family.

we married June, 08. stayed togatherly upto June 09. separately as my service is transfereble. From the starting of my maritorial life, she wants to stay separately with me, Which I oppose strongly and still is on that stand. Before 3 month she gave a birth of our daughter. now staying with her family. after our several request and from the day of discharge from hospital she is staying there. Initially I thought It required to be stayed at mother house during this period. Now I found she trying to accused my parents in various ways and means which is regulated by her parent.

Also she and her father started to giving me threat showing the 498a section. Mainly my parents and my family are suffering mentally and getting detoriate physically in front of my eyes, Which is not acceptable for me at all. Secondly now she started to say that she faced serious fooding problem while staying with me and physical torcher...

I tried lots to make her understand, but she adament. Still my daughter did not entered my house and every body of my family is getting me wrong.

In view of the above, I wants to take some precaution immidiately to save my family prior to impose the 498a, which can helps me to fight against that also...


Please advise me accordingly..


 32 Replies

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     17 December 2009


File a case u/s 9 of HMA (RCR) in the court to get her back. It will prevent u and ur family.

If u have more fear then Further u can also get a seprate house from ur parents or prepare the proof that u r living seprate from ur family then she will not be able to involve them in any case.

Good luck.

1 Like

Legal Fighter (Advocate)     17 December 2009

Don't file case u/s 9 HMA if u don't want to bring her back. First let me know as in which city are you located so that I could advice accordingly. Courts, procedure and mindset is very different across different states in India though Law may be same.
1 Like

aman kumar (SUPERVISER)     17 December 2009

first you talk with her , you may sand a letter  by registerd post  of come back  ! with love & keep a copy of corrasponding  for future ! if you want her than do as kamal says ,

1 Like


You have a new born child. Things will change. Still she is under influence of her parents. Take yourself for mediation or speak with her personally in detail. Try to convenice her. Still she is arogant better to approach court as suggested by Grover ji. Good luck.




1 Like

S.B _Kolkata (Service)     17 December 2009

Sir , I just sent u a pm . please see that and help me by giving reply.

S.B _Kolkata (Service)     17 December 2009

Dear sir, Thanks a lot for your valued advise. But as on date what I anticipate that may be she will come to my house but to implicate some intension as her father wants. I think this will help him to file the cases under 498a. so what should I do?

S.B _Kolkata (Service)     17 December 2009



S.B _Kolkata (Service)     17 December 2009

One thing happened earlier which I must be disclosed to u people. Before registration, her father insisted me and my wife to get sign in a court paper. The moral content was " In future we never allieged them(parents of my wife) for any past incidence or something else....

We both signed that one and still not got any copy of the same.

So as on date Can I accused them that their daughter has some mental disease as Borderline Personality Disorder"?

I have not disclosed it to my parent also.



Nothing will happen if you both agree and sign on the court paper. Do you have any doctor report that your wife has BPD?  If you have medical report your wife's parents can not threat you. Now a days 498A is misusing. Need not worry. Be courage and tackle all things systematically. Take advice from learned advocate from your locality.

1 Like

ajks061970 (club member)     17 December 2009

Not a good idea. I would recommend advice of Sathya Prakash and Grover. Blame game on each others parents will just spoil the relation in long run if you want to stay with her. Think of your daughter too who is innoscent and still will become the victim of separation !
1 Like

Sanjay chv (-)     17 December 2009

It is advisable for any lady to take rest for 3-6 months after her delivery. And women feel restful only at their parental home. So do not think other way and take any hasty decision in this time because you have one kid now.
1 Like

Meenakshi (Lawyer)     18 December 2009

 Your wife gave birth to a child just three months back...September.....Dont file any case for restitution of conjugal rights.....Dont take any legal action its ust a year after your marriage...these things are common in relationships........i dont undersand why always go on to seperating for such minor issues....

Is she Physically torcuring ur mother/father? she is the victim of her own circumstances...it happens after first year....ppl find it difficul to adjust....before marriage a father is there to give everythin a daughter needs but after marriage the husband has to not just take care of the wife but also his mother and father Consdering the growing nuclear families....

SO my Advice convince her ....ask her what sems to be the problem...Do some counselling...Marriage is not some parttime call centre job u do in summer vaccation to kill time ..........or else send me the entire details.........i will Help u........

Mohit Attri (lawyer)     18 December 2009

tension lene ka nahi dene ka mamu.dnt be get confused and nurvous yaar.and miss meenakshi  ji he is here for legal advice not for emotional advice....ahem ahem.dear friend mr grover is very right.u can file a case u/s 9 of hindu marriage act.in this section the court will send a notice to ur wife that why she is living sepratly???.nothing else.it is just a pressure on ur wife.u can withdraw ur case at any time.


mohit attri

Mediation is a good way to avoid the section 498a of IPC

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register