498a, dv cases filed

Another q's, if he files a case on me what happens to my job? my lawyer say there is no way to file reverse case for 498a & dv?

Pavani,

If not your husband god will definitely punish you for filing false cases on him.

Let the time teach you a suitable lesson.

I suffered a lot with him before seperation, he tortured me in US. I want him to suffer now. Even I filed for perminant custody of my son. He never look after us. 5 yrs since he last saw us. How can he remarry without divorce. He has to pay penalty for this.

dear querist

file a criminal case u/s 494 of IPC against him

Originally posted by : Pavani
	We have a long seperation of 10 years due to incopatability. Have a son 10 yrs. Am working in Govt. as lecturar. I came to know recently my husband married/live-in, have another son.He filed a divorce and I didn't accept(5 yrs ago). My lawyer suggested to file 498a & DV case. Filed both to get share in properties for my son & maintenance. He was sent to remand but want to contest the case. What are my chances of winning these cases. I don't have any evidences except date of birth of new child. I complained that he is married and also dowry demand. He was a NRI but now not doing any job, doing agriculture. He want to give property share after his son is grownup, I want to take our share before that lady takes away everything.He is having properties but claims lot of loans. Guide me please, as my lawyer is greedy and asking too much for compensation. Want to know how much I can demand.

498a is not meant for RETALIATION.

Yes, file adultry not 498a.

498a is badlu misuse and verybody is aware of it so if you think you can teach him a lesson to your husband (who is outside india) by filing 498a then you are living in fool's paradise.

Dear!

She has already filed 498a, for which the husband remained in remand

@ pavni!

1st set ur goals right. u want monetary compensation, right? then DV is OK, 498a is nt meant for compensation. As u remained separate for long 10yrs, marriage is obviously dead. He wants 2 give money 2 grown up son, u r earning gud enough.....then WHY DID U DO ALL THIS KOLAVERI DI

Now come 2 bigamy charges, this is very much possible that he is in some live-in relationship. U can not put IPC in such a case, u dont have enough proof, he is NRI.......BEST ADVICE IS "MUTUALLY RESOLVE THE ISSUE, GET UR DUES & FINISH ALL THE STUFF VIA MCD"

Pavani,

seems that your lawyer is selfish and screwing with cheating idea.

1) 5 years after if you claim DV, as you dont have any evidences how will you prove?  This gives only upperhand  to your husband saying that she did not accept divorce nor ready to live with me and separated for 5 years. You think judges are as fool as your lawyer calimes to be?. Please understand judgeshave become judges after years of service seeing such cases and they know. And if your husband hires msart lawyer, you will be further screwed and loose respect.

2) As you are govt servant you cannot claim any maintenance only your son is eligible.

3) "How can he remarry without divorce. He has to pay penalty for this." - why you were so silent on all these days, just becuase he is living happily with someone your jealousy venting as revenge now? You neither live or learn to live happily, and if he goes another mean then you want revenge? This is what is called cruel. And when he filed divorec 5 years ago why did not you accept and when you opt to live separately? sought any meaningful claim?

4) seems you are running for legal sections to revenge but not knowing future effects

let me summarise the future effects of this on you.

1) any sane Family understanding the background of this will not give his daughter to your son, and even if some girl marries knowing your past will do the same on your son. Then you will cry and repent

2) When your son understands by 18 years he will ditch you or his wife will make you to ditch, because your DIL will feel insecure and thats how women retaliate like you.

3) if your husband prooves that you are gulity and files one criminal section, hope judge does not show any lenience, you losse your job as well.

sorry i have no mercy for such women.
 

Mr Mani, I see most of these responses are biased.

My query was to find legal points to get our share from my husband and the sections to file for punishing him. No one knows the mental agony I went through because he left us. Now I have no personal life, only my son and my job. This is all because of him. He must be punished, he is simply married another women. I also submitted Date of birth certificate from his 2nd wife to IO of 498a case. I got an injection order from DV court to stop any kind of sale of properties. After returning from US, he is not doing job,  to avoid any maintenance, how can I get maintenace for my son? he is doing agriculture, gets rents from properties and doing other export businessess. What other cases can I file ? I came to know from our common relatives that her 2nd wife is a close relation and he is telling in police station that she is a livein servent looking after all his household affairs, taking care of his parents. How can I prove he is married to her ? Is date of birth certificate is not a proof? can I use relatives/friends to tell in court that they are married? I/O is asking for marriage certificate or marriage photos. Also IO is asking proofs for dowry harassment, is it not their duty to find ? What is to be done, please suggest.

Hello Pavani,

Yes, unusually I was harsh, but i was harsh for using false 498a now. ok the point, if he was cruel, when he filed divorce you should have accepted and asked the requisite demand for your son, but now it is all too late. 

Belelive me, 5 years lapse of time is such a disadvantage to you, you want court to say at your face that returning after 5 years is a just a drama? ( Happening in recent judgements), DV and false 498a you can file, but success?? that too after 5 years?? In fact by your action you only nullified your son due from him.

When second wife claims that she is cook or worker, nothing you can do. Even if you produce DOB ceriticate, if it does not bear his name as father, you cannot proove in court other than DNA route. But that second wife will not accept and hence ruled out. when he has such convinced wife, literally he carefully excercised his work so that in future he wont be in trouble, so bit tough.

IO duty to verify your case, not as CID for 30 crore indian wives. As far as concerning, if he is into export business, he needs PAN based Business Identification Number (BIN). So get his BIN and claim for maintenance for your son.

Thanks Mani, his name is there in DOB. Can I use it as proof for his 2nd marriage? My lawyer is saying it is not sufficient.

see my PM, please

It may not work. He started claiming she is a servant and don't know how that DOB came? He also mentioned, she doesn't have any kids? He is claiming it is a fabricated certificate? my lawyer says judge may ask us to bring marriage certificate or marriage photos? 

What I suggested in PM were circumstantial evidence, or secondary evidences, may be accepted. But in reality, the chances are slim and in quantitative in singe digit percentage, even that gets nullified in appeal to higher courts. 

For Bigamy charges,

1) the onus to proove the validity of  both marriage ( ie,your first marriage with him and the second marriage of him with another person) lies on the complainant.

2) Those who attended the marriage can form of secondary witness, and that gets accepted for conviction only on the oath of the priest who performed that second marriage and confirms that all rituals were performed to solemnize that marriage as per the existence custom of that community

3) marriage photogrpahs , certificates are only secondary evidences unless it was registered.

that's why in my first post itself said,"when he has such convinced wife, literally he carefully excercised his work so that in future he wont be in trouble, so bit tough."