As my wife is having some personal relation with CAW personals. Understanding 498A: It reads as (you can read here): “498A.Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Hi, can someone please advise me? The wife alleged physical and mental cruelty at the hands of the husband and accused him under Section 498A, IPC. Yes. I don’t think I said dozen cases, but sometimes the number of IPC sections and non-criminal cases can reach a dozen also. It has already been seven month after filling of RCR, notice is not served to husband (might be because she is also not actually interested, and wife is putting efforts to not dispatch noticeto husband ). Legally a wife can stay with her husband or at his place of residence even if a petition for divorce has been filed by her against him or by him against her. My wife has filed false 498a on me, my parents and my younger brother. On the same date of filling RCR, moved an application in 498A case to seize the passport of husband. Who can answer this better then me. I just want to know is it ok to file DP3 (dowry provision act) and cheating cases on them or not? Even as the Supreme Court has placed restrictions on the use of Section 498A of the Indian Penal Code, it is a weapon that many wives like to use against husbands during a marriage breakdown. A wife can file protest petition when there is faulty investigation and generally she can file protest petition when one of the accused is left out a FR is filed against one or all the accused in this case Husband and the family members. Wife used this opportunity of having come back to husband’s house to file 498A and Domestic violence cases on him and parents. Any Indian wife and her relative can file 498a on her husband, his parents, sisters, brothers, grandparents, uncles, aunts, cousins, wives of brothers, and other relatives. Section 498A of the Indian Penal Code simply talks about the cruelty by husband or his relatives. After filing mutual divorce petition, wife can not withdraw and ask for more money: HC Family waits for pilot's body killed in Nigerian crash Bill to check shrinking green cover stuck in red tape Above is basically evidence to tackle her false cases in case she files. Cognizable does not mean that the police can arrest you upon the filing of the FIR. Cross will happen in my 498A case soon. As an A1 can I also ask questions to PW1-wife, assisting my advocate because my apprehension is that advocate may skip some questions which I have added and they are also important from my point of view. I … Santa Barbara County Public Health Officer has issued a Health Officer Order permitting the reopening of additional businesses that were previously closed. Please let me know if Wife file false 498A and within one month file RCR to stay together. If your wife has imposed 498a, 406, 323, 504, 506, 354, 377, 307 etc. 2) if you enter into live in relation ship your wife can to harass you file DV / 498A complaints . In the event wife wants to file compliant under 498A, she needs to approach Woman Cell, or nearest police station, and FIR is registered only after preliminary investigation conducted by authorities, and woman cell shall try reconciliation between husband and wife, and if husband … My wife is filled recently a 498a case against me and her family want the money from me. I am repenting now and the repent has no values. To give a background of above case which can be similar to many people’s situations, the husband was first to file divorce, then brought wife back after mediation. The situation is that husband has filed the case of divorce on the ground of mental cruelty. Divorce to wife (498a wife) for filing false 498a, cruelty to husband and desertion - Kavita Vs Harish Raisen Madhya Pradesh High Court Smt. Wives can file cases with or without any divorce notice by husband, but divorce notice will be the easy trigger. 2. Can she still file 498a? >> only after filing the Divorce case in the court, the wife can slap a dozen case on the husband. Karnataka High Court reprimands woman for filing false 498A case on husband, asks her to pay Rs.25,000 for harassment The court also observed that complaint is silent on how the wife escaped when Khan tried to hang her and why she sat behind him on the motorcycle even assuming that he had tried to hang her while pointing out several other "unbelievable and self-contradicting allegations". 498a (dowry harassment case) leads to arrest without any verification or investigation. Bare Act reading of IPC 498A is :- Husband or relative of husband of a woman subjecting her to cruelty- Whoever being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may … What after filing … The reasons are as follows, though some are not applicable to all religions. 1) if your wife does not appear in mutual consent divorce proceedings your divorce petition would ultimately be dismissed you cannot enter into live in relation ship during pendency of your divorce proceedings . A Wife can't pressurize her husband by filing 498A to live with her. A. It isn’t as if a husband or wife can simply ask for a divorce without stating a reason. But what about offences under 498a/406. In other words, if the spouse of a woman or her husband’s near relative commits any kind of physical or mental cruelty upon a woman, then the doers shall be subjected under this section of IPC. 1. Wife filed 498a & DV Act cases and got contested divorce; Hello All, My wife filed 498A,DVact against me and my family , I'm abroad in Saudi and I never appeared in court but my family is attending on regular basis, last year she filed for Divorce after one year the court offered her contested divorce by doing X-party against me, since I was not in India to fight against her case. A recent judgement from Supreme court come out stating the fact that a wife can't use 498A tool to just pressurize her husband to live with her.Filing false allegations in 498A itself termed as mental cruelty on husband and his parents as well as on relatives which are beyond repair once it goes for litigation. Cruelty may be physical or mental cruelty. The Court referred to the case of S. Hanumantha Rao v. S. Ramani [2] for the meaning of mental cruelty. How to get 498a quashed through compromise. Cruelty. Kavita Vs Harish Raisen Dateof Judgment: 13 April, 2006 Author: R Jha Bench: D Misra, R Jha JUDGMENT R.S. Some people suggested that by filing DP3, tables will turn around and it will make my wife’s life a hell since they cannot prove that they gave dowry… During these unprecedented times we hope you and your loved ones are staying safe and healthy. dont go on vacations with said lady . I am a women, a divorced women and I don’t know if I was a victim or I made a victim. This is a little bit out of the ordinary, because 498a is a cognisable crime, and an FIR is mandatory upon filing … Husband Who Got Acquitted After Trial In 498A IPC Case Can Seek Divorce On The Ground Of Cruelty: SC [Read Order] Ashok Kini. Planning Ahead: Coronavirus Travel Updates. Seeking legal advice. 498a is an extortion racket In legal terms, 498A is an offence, which is: • Cognizable: Offences are divided into cognizable and non-cognizable. The husband, however, denied all the charges. By law, the police are duty bound to register and investigate a cognizable offence. More than that law can’t help anyone to make someone stay in marriage. Cases referred. Jha, J. After filing 498A, in many cases women requests for comprimise. The case is now with women cell and I am fighting to get the case in my favor but the CAW guys not listening me at all. 3) dont enter into any live in relation ship . But before that wife had filed a case of resitution of conjugal right. If a wife gets the decree of restitution and then goes to the husband's house, then will it amount mental cruelty on husband and his parents? The wife can always stay at his house even before filing or during pendency or after getting decree for restitution of conjugal right. You can try filing RCR Section 9 of HMA if you are bold enough and don’t mind facing 498A on you and family, which is almost a guarantee after filing it. 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