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house wife... (na)     29 August 2013

What is the procedure after wife files 498a, dv, dawryact

i want to know after story of 498a ,dv,dawry,maintanance etc....and ques in mind if one files  all these cases then what police do to my stridhan which is given to in laws   i want to know about whole procedure plz help...



Learning

 16 Replies

LegalExpert (Lawyer)     29 August 2013

The after story of 498a and other acts, once your husband got bail, he will be a free bird and you will repent afterwards as you even can't withdrawn the case afterwards without the consent of your husband. One thing more,, courts are not doing any foolish acts as 98% cases are proven to be false these days. you will have to prove it otherwise you are going to get nothing and it is very difficult to prove household things. The case will go on for years and the outcome of the case will be nothing. I always suggest to couples those are having differences better go for MCD rather than roaming in courts and police stations and to think of taking a revenge from other side. As far as stridhan is concerned, you can settle the terms with your husband amicably by having a compromise deed that both the parties will return the articles to each other they are presently having. one thing more, you have to proof that your family has given so and so much stridhan to your in laws. Your family  may also come under the scanner of Income Tax authorities. Even your in laws can file DP against your family. so dont complicate the issue, better go for MCD. Courts will take decision on merit for your alimony. Now you can ask anything according to your wish to settle the issue. Be a wise lady and file MCD

Raja_498a Victim (Manager)     29 August 2013

Once 498a is filed, it leads to mental cruelty and husband and in-laws in general don't take girl.

If it they take (almost 0%) it will be difficult to lead matrimonial life.

 

So better use mediators and go for MCD and settlement.

fighting back (exec)     29 August 2013

@legal expert.....a very good and detailed explantion...... i wanted to know. is it the same case as in DV, if the wife is unable to prove that there was no Domestic voilence, then can the husband get divorce on grounds of false accusations and mental cruelty??

LegalExpert (Lawyer)     29 August 2013

@fighting back. Lodging a false case or complaint or initiating criminal proceedings against the husband and in laws is a cruelty in itself. yes husband can file a divorce case on this ground.


(Guest)

 498a case if dismissed does not mean that it is false ,most cases are dismissed due to lack of evidence .so it has to be said that the case is false so is dismissed ..then and then only u can apply for divorce on the grounds of mental cruelty !same for dv 

Raja_498a Victim (Manager)     29 August 2013

In general court just says acquittal and says charges were not proven. Very rare cases they say case is false.

We need to consider allegations are false, if court says acquittal and charges were not proven.

There are many judgements in high court and SC which say, once husband is acquitted it is ground for divorce as allegations in the case are false.

You can see below Judgement.

MUMBAI: Filing a false criminal case against the husband and in-laws for harassment amounts to cruelty and is ground for divorce, the Bombay high court. "Humiliation... that is caused on account of arrest and detention of appellant and his family members and relatives in a false case does constitute mental cruelty to enable the husband to seek decree of divorce on this sole ground," said a division bench of Justices A P Deshpande and R P Sondurbaldota while granting divorce to a Pune resident.

 

Dyanesh Soparkar and Lata (names changed) had an arranged marriage in March 2001 as per Hindu rites and they have a daughter. According to Soparkar, on the wedding night itself Lata called him blind for wearing spectacles and complained that she was given to understand that he earned a higher salary than what he actually got. The couple had frequent quarrels, according to Soparkar, over his wife's insistence that they stay separately.

 

Dyanesh filed for divorce in June 2003 and a month later Lata filed a case for dowry harassment (Section 498 A of the IPC). She named Dyanesh, his mother and three other relatives. They were arrested and sent to custody. Two years later, a magistrate's court acquitted them, saying there was no evidence that Lata's family were coerced to pay Rs 50,000 as dowry.

The family court dismissed Dyanesh's plea for divorce saying that a single complaint filed by the wife could constitute cruelty. Dyanesh moved the HC in appeal. His lawyers claimed that the arrest and detention of the family members and Dyanesh's near relations in a false case "has caused him agony".

The HC agreed with Dyanesh's contention. "One thing is crystal clear and it can be safely assumed that the wife had filed a false case not only against her husband and mother-in-law but had unnecessarily roped in other near relations," said the judges, adding, "It is obvious that on account of arrest and detention of the husband and his family members, Lata has treated Dyanesh with utmost mental cruelty and he has suffered agony."

A Blank Diary of Life (MD)     29 August 2013

If nobody (Author) files false cases on her husband and on her in-laws and the cases got dismissed by the court. Can her husband book the wife and wife's parents behind the bars for years and years?

Raja_498a Victim (Manager)     29 August 2013

Unfortunately Indian law doesn't permit this :(

Indian law is 99% biased towards women, thinking that men in general harrass women (However, now trend is otherway round, especially in cities).

Elected MPs in Rajya Sabha should talk all these problems, but that is not happening.

Now women are getting smarter and smarter by looking movies and other social media.

They are thinking that by filing 498a and DV they can extract money (especially in metros).

But as time progress they come to reality and suffer.

Coming to your question, husband cannot put wife behind bars just because of false 498a case.

He can only divorce on false ground that itself is punishment to her.

 

 

 

 

LegalExpert (Lawyer)     29 August 2013

@A Blank Diary of Life. Yes the husband can book the wife and wife's parents behind the bars for years and years if he is smart enough to file counter cases on various grounds to make a life hell of his wife and her parents. He and his family can file various cases such as DP, Defamation, harassment, criminal conspiracy. MIL can file DV on the father and brothers of the wife and even sisters or other lady members can file it that they are molested by the brothers and father of the Wife. Even threatening  can also be a ground to file a case. Attempt to murder can also be ground. It all depends on case to case. But, surely a smart husband can make the life a living hell to the family of his wife if he counter attack with full force without any fear.

A Blank Diary of Life (MD)     29 August 2013

I am not a lawyer, but, in generic logic, if wife put falses cases on husband and husband's family and after prooving wrong the cases, a husband can file cases on misleading the court, taken oath on falses ground and may be many more.......where, wife should realize her wrong steps and suffer a lot and there should not be any limit of suffer and it would be through out her entire life.

 

When if a 498a lady does not even think the future consequences of her false cases, then, why should husband fergive her. The best punishment would be after filing false cases for wife, a husband has to file cases on defamation, perjury and should not even go for divorce. Let her suffer like anything without divorce. Because, majority of the false women thinks that once they file false cases, then, their husband will definitely go for divorce and that is their ultimate goal of their life. In such case, a husband should not give divorce and have live-in relationship with some other genuine lady.


(Guest)

@blank diary of life ..what u say will never come to reality as most laws are with women today and in future things might get worse for men.legal battles are a punishment for both husband and wife even if one decides to go for it .its always better to solve marital disputes amicably instead of going legally which I think should be the last resort.

A Blank Diary of Life (MD)     29 August 2013

@Sufferer 22, men is ready to get it dissolved by mutual consent, but, wife is adament and wants to fight in court itself. Then, why should men be affraid from all these falses cases and proceed further for booking her and her parents behind the bars.

Raja_498a Victim (Manager)     29 August 2013

Perjury and other cases take years to solve...If Husband wants to proceed he can....

A Blank Diary of Life (MD)     29 August 2013

Who cares, when husband's life is already spoiled, then, why should husband leaves her beautiful and lovely 498a lady / wife.......

 

@nobody, see, if your husband becomes adament like you and has a will to fight with you at any extent, he will neither divorce you nor leaves you.


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