Raman (student) 05 June 2012

Petition for abuser of 498-a

Dear Sir,
My cousin is qualified doctor and married to doctor girl and is living in Joint family with his father and younger brother in Delhi.After few years of marriage his wife left the matrimonial home and thereafter she served legal notice and demanded huge gold and cash from him and threatened to implicate in false cases.My cousin filed the anticipatory bail on the basis of the legal notice. The police gave clean chit as there was no FIR was lodged against him.The Session court treated the application as Infructuous.My cousin later file the application for restitution before District Court.When the matter was pending his wife started harrssing him through mediation center who served various notices to whom again he replied them satisfactorily.Finally District Court directed her to join him and he withdraw the Application..The behvaior of his wife during stay became more aggressive she stated making false allegations on him and his family and called Local area of women cell which too didn't find any merits of her allegations and she again left the matrimonial homeand after 8 months she came back and made certain demands which my cousin refused to comply.She then approach to the home town police cell at Haryana.The Haryana Police contacted him on Telephone and he explained the whole situation and the police too apparently convince with his version And Now my cousin has served her the legal Notice for Mutual Divorce

Now I have the following queries
1 whether she can file the Police complaint under 498-A in her home town at Haryana .My cousin Matrimonial home is located in Delhi and he never visted her home town after marriaage?

2 If he files case for divorce( not by Mutual Consent), whether his wife can file case u/s 498-A when the matter will pending before the Courts?

3 His wife is making invariable stands and wants to implicate him and his family in false case of dowry harssement, Whether moving any sort of writ petition before High Court will going to help as he and his family lives under constant fear of being implicated u/s 498-A and his wife without any regret is openly misusing the law?

Thanking you

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2 Replies

dr.pawan rajyan (member and secretory) 06 June 2012

dear raman,if your cousion file for divorce then certainly he would face 498a,dv,maintainance cases.if no issues are from wedlock then i recommend for divorce.first try for MCD if not feasible then contested divorce is only option left.

Adv. Chandrasekhar (Advocate) 06 June 2012

1 whether she can file the Police complaint under 498-A in her home town at Haryana .My cousin Matrimonial home is located in Delhi and he never visted her home town after marriaage?

She can file police complaint either in Haryana or Delhi. There again mediation will take place. If mediation fails, then husband and his family try to get anticipatory bail. This anticpatory bail application will lie before the additional sessions judge. If the complaint is filed in Haryana, anticipatory bail will be filed in Haryana and if the comlaint is filed in Delhi, the antiicipatory bail will be filed in Delhi.

2 If he files case for divorce( not by Mutual Consent), whether his wife can file case u/s 498-A when the matter will pending before the Courts?

Section 498-A commplaint can be filed at any time, before husband takes any action or before husband sends any legal notice or during the pendency of any case including divorce case. Filing of Sectin 498-A complaint does not have any relation to the husband's taking any legal action.

3 His wife is making invariable stands and wants to implicate him and his family in false case of dowry harssement, Whether moving any sort of writ petition before High Court will going to help as he and his family lives under constant fear of being implicated u/s 498-A and his wife without any regret is openly misusing the law?

At this stage, even though you can move the High Court, it will not interfere and dismiss your petition. You file complaints before the concerned police authorities and higher authorities of police apprehending false criminal cases against the husband and his family members. The proof of receipt of these complaints by police authorities will help him and his family in obtaining anticipatory bail/bail.