S S K Sadhu (BCA) 28 August 2012

Is there any for a wife to file 498a case for the 2nd time

Hello LICians!

One Big question is killing me and I am not the getting the perfect answer I want. I hope I will GET ONE from our EXPERT team.

Please help me.

The question is When a 498a case filed by a wife was aquitted and not living with the husband ever since 2 years before filing the 498a case itself and now can she file a fresh 498a case against her husband till date?

Secondly, Is there any chance for her to file a Dowry prohibition or DV case after living seperately for 4 odd years till date?

required dates are:

1. May 19th 2006 marriage took place.

2. She left matrimonal home finally in June 2007.

3. Filed a 498a case on December 31st 2007.

4. Aquittal of 498a case September 26th 2010.

5. Since she left my house in december, she didnot come to my house or even had no communication between both parties.

6. Now they were threatnening me to file 498a/Dv/Dp if I didnot settle with 5 lakhs money.

7. The marriage was not consummated and was admitted was by her saying the reason as intimacy without any proof.

8. MC case is in High court Hyderabad till date where I challenged the order.

9. The ingredients for both Mc and 498a case were the same by her.

Is there any possibility for them to file any of these cases NOW!?

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3 Replies

Ranee....... (NA) 28 August 2012

Cna 498A be filed twice?

I wud like to know.

Sanjeev (Lawyer) 28 August 2012

if she is not living with you then there is no possibility of filing a fresh 498A but in case after leaving your home in 2007 she again started living with you then she can file a new 498A basis the fresh incidents of cruelty or Dowry.

S S K Sadhu (BCA) 29 August 2012

Ok Sanjeev,

what about DV/DP case NOW!?

I got literally threatened by the our town CI of fresh 498a/DV/DP case NOW. 8-9 Police persons were sent to my house for 4 times in 3 days and tried to get us into settlement for which they succeeded partially. My family is getting tense witnessing the torture of the police, I mean to say the police Overaction.

One of the Save India family organisation friend said "YES, they can FILE a fresh case"

I was out of my mind, how on earth, they can create a fresh scenario NOW. He replied that they WILL a create a fresh situation and then complaint to POLICE for filing 498a case.

His scenario is "Wife comes to matrimonal house NOW, gets regected by the spouse,wife goes to police and says that husband asking dowry for getting into her matrimonal home." He argued that it happened in his own case. GOD KNOWS HOW but he swears. HOW CAN I STOP THIS TORTURE?

Please all LCIians, this kind of torture from wife and her family is getting boostup from police only and police are getting husbands into settlements for money where police were enjoying enough for torturing husband. Its a wakeup call for legal system. One may think only fools get into these traps but I suggest Intellacts too were getting into these traps.

I want to discuss about this fluently with as many members LCI can permit. EXPERTS OF LCI RESPOND PLEASE.

Thanking you one and all.

Suresh