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priya   14 October 2016

Wife's right to stay with husband after 498a

hello everyone,

i filled 498a DV and 125 against my husband and in laws in 2014 july. but due to some small misunderstanding we both reach to police and court i dnt wanted to do such criminal case on my husband and in laws bt it happnd . now i m trying to communicate my husband to explain all the things but he is not ready to listen me. i have tried every option through which i can send him msg but he is not interested to talk to me as his lawyer had instructed him. now in these three case no order or anything happnd in last 2 and half years. i am not able to stay with my parents now because my parents is 60 plus and their financial condition is too poor. my one leg was operated in 2014 at my parents place after that my husband and in laws was not allowing me to enter in home. please any one guide me how can i enter in my matrimonial home if my husband is not allowing me and he has filled divorce case in his city against me in last year. i want to go back to my husband's home . Is wife has right to stay with husband after fillind DV and 498a ?



Learning

 26 Replies


(Guest)
Moral right you don't have. Legal right becomes immaterial the moment you filed 498a. On one hand ur asking money for ur expenses u.s. 125 crpc on other hand made criminal complaint u.s. 498a alleging asking dowry. Now minds would have turned criminal, as matter of legal rightu can go n stay with ur husband via PWDVA 2005, by asking protection orders, and magistrate will place you by way of instructing police to drop u there. But once police are gone anything might happen.they ie ur husband and inlaws might try to kill you coz u filed criminal complaint against them. So it is better that you first take back your 125, 498a and then involve your parents n do panchayat regarding you going back. Like that you will be safe. And no harm to anyone. Simplgif u try to use legal force, it will backfire. Already your marriage is over,fall to in-laws feet, lick your husbands feet n ask for forgiveness. Without which you may just have to find new bakra to play with, again which is no less a herculean task keeping in mind nobody will remarry a 498a wife which you've already become.

(Guest)
Moral right you don't have. Legal right becomes immaterial the moment you filed 498a. On one hand ur asking money for ur expenses u.s. 125 crpc on other hand made criminal complaint u.s. 498a alleging asking dowry. Now minds would have turned criminal, as matter of legal rightu can go n stay with ur husband via PWDVA 2005, by asking protection orders, and magistrate will place you by way of instructing police to drop u there. But once police are gone anything might happen.they ie ur husband and inlaws might try to kill you coz u filed criminal complaint against them. So it is better that you first take back your 125, 498a and then involve your parents n do panchayat regarding you going back. Like that you will be safe. And no harm to anyone. Simplgif u try to use legal force, it will backfire. Already your marriage is over,fall to in-laws feet, lick your husbands feet n ask for forgiveness. Without which you may just have to find new bakra to play with, again which is no less a herculean task keeping in mind nobody will remarry a 498a wife which you've already become.

(Guest)
If finally your husband or in-laws don't agree to let you come back, find that sun of a witch who made you go to police station in first place to file 498a

(Guest)
If finally your husband or in-laws don't agree to let you come back, find that sun of a witch who made you go to police station in first place to file 498a and whack him using a Hawaii chappals on his or her face till they fall down. For whatever might be the reason for quarell between u n ur husband or ur in-laws nobody should encourage the dil going to police station to lodge complaint against own husband and parent in-laws. If you gave complaint on your own, try not to forgive yourself for messing up the life of your age old parents and his, him, and yourself. Next time, if there is, don't repeat such mistake.

(Guest)
I really pity you as well as your parents. Marriage = adjustment. If you can't adjust, you shouldn't marry.

(Guest)
Yes ur marriage over ,find different person
1 Like

Sachin (N.A)     14 October 2016

Originally posted by : priya

hello everyone,

i filled 498a DV and 125 against my husband and in laws in 2014 july. but due to some small misunderstanding we both reach to police and court i dnt wanted to do such criminal case on my husband and in laws bt it happnd .

Is it missunderstanding that your inlaws were cruel towards you for dowry or not ?

now i m trying to communicate my husband to explain all the things but he is not ready to listen me.

Why don't you tell the court that you were lying instead of telling to your husband. May be your husband start trusting you or you want to make a deal with your inlaws if they accept you and became your servent forever then you take your case back.

Basically you are not ashamed of filing false case the point is you don't have any other way. As you mentioned "  i am not able to stay with my parents now because my parents is 60 plus and their financial condition is too poor. my one leg was operated in 2014 at my parents place"

 

Is wife has right to stay with husband after fillind DV and 498a ?

So, you are trying to file another false case. 

 

Sachin (N.A)     14 October 2016

Interpretation of 498a in society " RELATIONSHIP END".

Once Delhi HC has asked to CAW Cell " Why do you try to reconcile bewteen husband and wife if wife saying he has done cuelity towards her . Are you presurising  a victim to live with accused or you were doing the task of money extortion on belhalf of wife and  asking a husband to accept all terms and condition of wife else he will be treated as accused under various section of law. What is the exact purpose of CAW Cell"

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     14 October 2016

As you have already filed domestic violence case, now you move an application for residential rights, if you have not already filed.  Ask the court to decide that application expeditiously.  During the course of proceedings in domestic violence case, tell to court that you are ready to withdraw section 498-A case unconditionally.

Filing Section  498-A cannot take away wife's right to live with husband.  But living together needs something more than court order, your efforts should be in that direction.

If you need any further legal advice and legal aid you can contact us, if you are resident of Delhi.  Visit our profile for full information.

Samarpan (free legal advice & aid cell - All India Lawyers Union - Delhi).

Arun kumar (business)     14 October 2016

How a man can love a woman who files police case and DV against him falsely.. Without thinking about the future of themselves and thier children they just want to win thier ego... They listen to stupid advice of her parents or relatives than the husbands....your case should be a lesson to all woman who try to threten husband with law.. I am also a such husband.

Sachin (N.A)     14 October 2016

The Chief justice of India said " There is an increasing hardening of stand among husbands, whose parents had been arrested in false 498A cases, not to take back the wife. They say they are willing to give her all the property, they will take care of the children’s education and marriage but will not take her back.”

 

The CJI added, “They take a plea before the court that they may have committed a mistake but for that punishing their old parents on a false complaint was not condonable. The false complaints under Section 498A are ruining marriages.”

 

When the counsel said the court’s observations might be true in some cases, the bench retorted, “It is true in most cases.” 

 

Sachin (N.A)     14 October 2016

If you want to live with your husband you need to win his confidence not case 

Ravi (a)     14 October 2016

leave apart your parents & relatives & frieds, what happend to your brain when you visited police station giving complaint? didnt you know the sound of police/court in the relationship is itself harmful? dont regret for what mistake you have done knowingly. be prepared for spending the rest of your life in single status.

i pity you.

A walk alone (-)     14 October 2016

Are you gone mad? How can you think any husband can take back 498a wife?He will never take you. He can never trust you. No husband will take his wife after 498a. Once family matter moves in court only divorce happen. Accept the truth your relationship is broken. Better learn a lesson from this for future whatever circumstances comes in life you should never file false allegation on anyone or your future remarriage husband. You should forget him and start a new life. Remember no law no court can force your husband to live with you.

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