Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Vaibhav Singh (working)     26 June 2009

is there any safeguard against 498A

Dear Experts

Actually I got married as on 07.02.2007 under HMA in U.P. Due to my wife's love affairs with other person, she did not allowed even to touch her. after a long discussion and dispute she went to her home side in may 2007.From then she is there. We tried our best to brought her and restart my marital life but that greedy girl is neither alowing to come here nor to give divorce. She is demanding a heavy amount to give divorce and blaming me with the help of lie stories. I am a  central govt employee. How can I safe from 498A and other laws. What should I do? Fortunately no criminal case or FIR is wriiten. plz help



Learning

 11 Replies

Legal Fighter (Advocate)     26 June 2009

write one complaint to your local police station as well as ur wife's police station stating that they are threatening you for filing false 498A against.

to be very honest, there is no way by which u can avoid filing of 498A. but i would recommend u to be cautious and as soon as any complaint comes, just move to Allahabad High Court for taking Arrest Stay. After that it remains a just procedural battle and time will cure it.

Kiran Kumar (Lawyer)     27 June 2009

sorry Manish.....ur advice needed to be corrected a little bit.

 

Vaibhav, since u ve said u r willing to take her back....u just do one thing file a petition under S. 9 of Hindu Marriage Act for restitution of conjugal rights.....it will create positive situation in ur favour.

 

in fact she does not intend to come....but under S. 9 petition she can be compelled to come.

 

as a matter of fact u ll be saved from adverse impact of S. 498-A, in case she lodges and FIR or complaiant against u after S. 9 petition it ll be easier for u to get bail (anticipatory).

 

if finally the S.9 petition is decided in ur favour, then she ll ve to join her matrimonial home....if she does not then it becomes a good ground for u to get divorce.

 

but the moment u read this reply the next moment u should be with ur counsel with all documents so that petition under S.9 HMA can be filed without any delay.

 

make sure u act first than her action.

 

best of luck

1 Like

Raman ( )     27 June 2009

Will it not be sufficient to prove as per Hindu Marriage Act that:

"One has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition"

In Vaibhav's case, it is more than two years that his wife had abondoned him on no ground, if whatever he said here to be believed true. Is it not an allowable ground for divorce?

Please correct me ...

 

Raman ( )     27 June 2009

 Will it not be sufficient to prove as per Hindu Marriage Act that:

"One has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition"

In Vaibhav's case, it has been more than two years that his wife had abondoned him on no ground, if whatever he said here to be believed true. Is it not an allowable ground for divorce?

Raman ( )     27 June 2009

Sorry for the redundant message .. Google Chrome is causing the trouble ....

Rajesh Kumar (Advocate)     27 June 2009

I have written a short story (kya samaya aa gaya hai- advocates are writing stories). Well, many persons say," what do they do apart from writing stories?"

Read it, may be you will like it,

https://masculist.wordpress.com/2009/06/26/angulimaal/

 

Deekshitulu.V.S.R (B.Sc, B.L)     28 June 2009

Mr Raman

Kiran Kumar is advising a notice sincethe same will be used as a shield in case the wife files a complaint in future. Naturally in the notice , we have to allege that the wife left the company without any reason. The wife after waiting for two years, that too after thenotice of the husband canot not say or complain under Sec. 498-A. Even if she does so that will be a very weak fround. I think rushing to court for divorce is not advisable at present and as suggested by Kiran better a notice in the begining, then if there is no reply a petition for divorce.

However thanks Mr Kiran Kuma.

 

1 Like

Raman ( )     29 June 2009

Hello Mr. Deeksh*tulu,

Thanks for the explanation. I, later realized that we all are on the same page.

G8

 

Sm........ (SR. EXECUTIVE)     06 July 2009

Presently my wife and my one yr old son are living with me.    Due to regular quarrals between us (me and my wife ) and due to mental torture my wife was giving to my mom, she (my mom) left  home and is now living with my maternal aunt. 

Quite often we fight over this issue and other issues/allegations etc.  

My brother in laws are threatening me that they will beat me up and will implicate me in false dowry or DV case.

Now I am planning to file complaint (regarding chanes of imlicating me in false cases & threat of physical  abuse by my inlaws)  in my local police station was well as my wife's police station sugested by Mr Manish.

My query is : -   My brother in laws are asking my wife to drop a letter to them (at her maternal home)  wherein she will mention physical tortoure and dowry demand etc.)  I am muslim (Hanfi Law applicable).   And there is no physical relation between us for last 1 1/2 years due to our bad relations. She has also deserted me earlier for more than 4 months.  

1)    Since my wife's maternal home is in different state, shall i have to go there personally to file the complaint or only speed post will do (alongwith the copy of complaint letter submitted to my local police station.)

2)   One of my friend has advised me to submit complaint to the Magistrate also ....

please explain the procedure to file complaint to magistrate and  what amount of fee (court fee etc) is to be paid for this complaint.   And where and whom should i approach.     I AM RESIDENT OF DELHI (SOUTH DELHI).

PLEASE HELP !

 

 

 

 

 

 

 

 

 

 

 

 

G. ARAVINTHAN (Legal Consultant / Solicitor)     07 July 2009

 The only remedy available to you to get back your wife or to escape from dowry prohibition act is to file an application for restitution of conjugal rights under Section 9 of the act.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     07 July 2009

Mr. Vaibhav Singh,

You asked a question "is there any safeguard against 498A"

I would say with sic humour that the answer to 498A, is 377.

You see, that 498A is not applicable to Gay Marriages / Gay Relationships. Moreover Court has further de-criminalised it. 

Keep Smiling .... Hemant Agarwal

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Recent Topics


View More

Related Threads


Loading
Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query