Pradeep Nair (Team Manager) 01 January 2010

Section 498A and 109 against my wife

Hi There is case filed by Mrs P against Mr I (husband of Mrs P), her in laws and my wife Mrs R undr section 498A, 109 section 4 & 6 of DP act for cruelty and harrassment meted out to Mrs P. My wife Mrs R is a close friend of Mr I and they hav been in touch with each other via emails and phone calls since past so many years. Th complainant is using evidences of all teh phone calls, smses and emails against my wife Mrs R to prove that she has been instigating Mr I to disrupt their married life. Mrs P and Mr I has a 3 year old daughter. She lives separately with her father in Bangalore and Mr I is in the ship sailing. Mr I's brother was arrested and is now out on bail. Mr I's parents are away from town evading arrest and have filed for anticipatory bail. Mrs P is alleging that Mr I and my wife Mrs R is having an extra marital affair on the basis of the phone calls and emails exchangd between them over these years. What is the best action that I need to take as husband of Mrs R. Since we ar in Mumbai and the case is in Bangalore court, what actions should we take. What's the cost of using a lawyer's service in this regards. Any suggestions for a lawyer specialized in these cases? thanks

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6 Replies

Anil Agrawal (Retired) 01 January 2010

Cost of lawyer in Bangalore is subjective.

You are in double trouble. There is no doubt about. Move fast. Engage a lawyer and act swiftly.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429) 02 January 2010

See sec. 499 & sec 500 of IPC. It may help you. Also a civil case of defamation may be considered. Primarily you may put your case at your netive place also. but latter on it may be transfered by respondent's petition. But in the meantime they will get a message that you are alert on your rights.

jayaveladvocate (Lawyer) 02 January 2010

your write-up is perhaps short of necessary details, what are the acts of the husband described to be harassing the wife, there was no allegation of money or monitory gain for the sustaining the wedlock, is that phone calls indicate that your wife had the knowledge of the those crime, what was your wife reaction to the acts of harassment as evidenced by the sms and calls, I strongly doubt the integrity of the husband who would have been manoeuvring behind his wife . please investigate further and seek suitable men of metle and stuff for it

Hardik Mehta (Family Counsellor) 14 January 2010

Pradeep,

Just take the bail and sit quite till the chargesheet is filed. After that, see what evidence she is giving and ask the lawyer to apply for the discharge of your wife. The judge can discharge the same, based on the fact that she is just the friend and the mails and conversations were normal. Take it cooly.

Anil Agrawal (Retired) 14 January 2010

Law is one thing. Police quite another. Even without a shred of evidence, police can be bribed to book in-laws u/s 498A. What happens thereafter is anybody's guess.

I am sorry to say this but there are what they call "police station lawyers" who specialise in cahoot with police to get you booked u/s 498A. Sad commentary? Isn't it? But it is the fact of life.