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Rajesh khakkar (engineer)     05 March 2010

sec 498a

My marraige in Dec 2002, my wife doing clash once or twice in a week with me or my parents on different points. my father is dead in Sept 09, now my wife want to live seperate from my mother she cannot adjust with her.  now, my job in other state she cannot come with me because she is doing job. my house in name of my mother name. sometime she tell me she want divorce yesterday she tell me , she left my house go to alone in seperate rental house.  Please advise me after seven years of marriage she can file any case against my mother is 65 years old & me. what i do this time. 



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 4 Replies

Gundlapallis (Advocate)     05 March 2010

Sec. 498A is not just a right of woman to use against her husband as per her will and pleasure.  Only Dowry related harassment will come under purview of this section.  After 7 years of marriage its more unlikely that dowry related harassment would take place.. so chances of your wife filing of 498A is less even filed it might not get registered as the police will investigate and find out the false complaint.  Dont worry, try to resolve through talking your problems out with each other.  That's the only and the best solution.

prabhakar rao j (xxxxxxxxxxxx)     05 March 2010

There is no such time limit in filing 498'A' case against any one irrespective of their age.  If they file a private complaint before the magistrate, the same will be referred to concerned P.S. If you have any doubts of filing criminal complaint, better be cautious and take necessary steps from apprehending from police.

 

Prabhakar Rao J, Advocate

MANISH SONI (LAWYER)     05 March 2010

i do agree with Mr. Rao  . . .F.I.R u/s 498-A can be registered at any time  . . . and the presumption of 7 years years is basically under 304B  . . . .so i advise to be better cautious  . . . . .

Gundlapallis (Advocate)     06 March 2010

Dear ld., friends, Mr. Prabhakar and Mr. Manish :  Mr. Rajesh's wife is unable to accomodate herself with his parents.  She wants a separate life of her own with him.  There is no question of dowry or anyother thing else.  Mr. Rajesh is apprehensive of misuse of fem gender pro laws against him.  First of all chances of 498A getting registered against him is very less for the reasons that - both are employed; its 7 years after marriage (though time is no limit - presumption is in favour of Mr. Rajesh) and the real cause for incompatiability....  but as you say it there is no harm in being cautious - but it is always better to resolve the issue by having a talk  and comming to a solution than keeping it on and adding more fire to floating egos of each other.  7 years of marital relationship should have formed a metal of bond that would not get easily broken or vie a person to take revenge against the other.  If both are matured they can resolve the issue by talking to each other than suffer and wither under laws.

 

Frenzy women who would prefer to "misuse" 498A Pl., ponder the real facts of it from the mouth of one of the renowned women rights activist in India.

 

Here is an excerpt from Madhu Purnima Kishwar, She is a respected fighter for women’s rights, unlike the radical feminists of India, and I think you need to read what she has to say.


<!--[if !supportLists]-->             <!--[endif]-->• Divorce after a 498A is guaranteed. 498A is a nuclear weapon for relationships. Once it is used, it ends everything good in a relationship. Lately, there has been a trend where women are coming back to their husbands after realizing the mistake they made by resorting to 498A.

<!--[if !supportLists]-->             <!--[endif]--> 

<!--[if !supportLists]-->             <!--[endif]-->• She won’t get married again. The reason being our very conservative society. Feminism and standing up for women’s rights may be a fashionable thing to bandy about, but no family, including the family of the false filer of a 498A or the staunchest feminist, would like to admit one of these false 498A filers into their homes. This is all about power politics in relationships and once it is known that a woman had filed a false 498A, she will be treated like radioactive material.

<!--[if !supportLists]-->             <!--[endif]--> 

<!--[if !supportLists]-->             <!--[endif]-->• Her sister(s) may eventually run off with the milkman or something along similar lines may happen as they risk remaining spinsters.

<!--[if !supportLists]-->             <!--[endif]--> 

<!--[if !supportLists]-->             <!--[endif]-->• Any sisters-in-law she may have will turn against her as time goes by. Her brothers may not get married again. Think about this. Would you be willing to send your sister/daughter into a home where there is woman who has quarreled with a decent husband and used the law to terrorize him and his family? How happy would your sister/daughter be in a home like that? How secure would a family feel, if the sister of the woman who filed a false 498A enters the house as a bride? It also says a lot about that family that they did not discourage her from doing so.

<!--[if !supportLists]-->             <!--[endif]--> 

<!--[if !supportLists]-->             <!--[endif]-->• The filer of a false 498A may face arrest under Section 182. The sentence may be range up to 6 months and a fine or both.

<!--[if !supportLists]-->             <!--[endif]--> 

<!--[if !supportLists]-->             <!--[endif]-->• If children are involved, their development will be threatened as fathers play a crucial role in the up bringing of a child. There is also a chance for the 498A filer to start having affairs and neglect the children. There are instances where this is happening.

<!--[if !supportLists]-->             <!--[endif]--> 

<!--[if !supportLists]-->             <!--[endif]-->• If the 498A is being filed at the instigation of close relatives and for no valid justification, be sure of this, once the relatives get what they want, they will abandon the 498A wife.

<!--[if !supportLists]-->             <!--[endif]--> 

<!--[if !supportLists]-->             <!--[endif]-->• In the case of a woman who files a 498A just to extort cash, or harass her husband and his family, there is a certain disdain with which she will be treated by her family and society, especially if the plan backfires.

<!--[if !supportLists]-->             <!--[endif]--> 

<!--[if !supportLists]-->             <!--[endif]-->• If the 498A is being filed at the instigation of close relatives, and if they do succeed in extorting money from the husband, once the lawyer, the parents and everyone else gets a cut, they are going to abandon the woman.

<!--[if !supportLists]-->             <!--[endif]--> 

<!--[if !supportLists]-->             <!--[endif]-->• None of us likes to be alone and even the strongest amongst us will feel pangs of loneliness. I believe that men are better equipped to deal with loneliness due to biological factors. It is a completely different issue for the 498A Wives. They are condemned to live alone. They had it all and they blew it and they know it.

 

<!--[if !supportLists]-->             <!--[endif]-->• Keep an eye out on the matrimonial sites. You may just end up on the floor with laughter.


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