my wife is threatening me to lodge 498a against me
Dinesh Jamwal
(Querist) 08 December 2014
This query is : Resolved
sir,
My wife is threatening me to lodge 498A against me .I got married on 10-12-2013. After marriage she stayed with me for one month then one day she went to her parent’s house. After one month both the families sat together and after discussion and she came back to live with me She always use to say that I have the right to live in this house if there is any issue between us . She was pregnant at that time so we take her to my native place so that my parents could take care her. After 10 days when my parents were not at home only my grandparents were at home her bother and other family member came they convinced them they they are taking her for few days and we will return and also told them that they have talked to my parents also and take her to her fathers house. When my parents tried to talk to her father he refused to talk even when I tried to talk to her she said I have my own priorities. When she gave birth to baby they didn’t tell us and sent a notice to our panchayat to add the name of the baby. When the panchayat person told us regarding this we were shocked our panchayat secretary called her father through phone regarding this then on same day they filed the case to women cell. After living separately from me for six month she filled a complaint . In the first counseling she made false allegation of dowery and torture. I am apprehending false 498A or DV case against me.I have one house in my name at a place where I work in a company and this place is very near to her native place. Her father also has political influence. They are threatening us. Then I gifted that house to my mother. Till date only women cell have done counseling with me and my parents, no case has been filed till date. Can the court revert that decision? Can my mother transfer that property to my both sisters name as they are married? . Please also suggest what should I do if she files a 498a
Advocate M.Bhadra
(Expert) 08 December 2014
There is no preventive measure against a criminal case like 498a IPC,wait and let her file the case then you should get anticipatory bail.File a suit for restitution of conjugal right in Family or District Court which may help you to take bail and maintenance case.No need to transfer the property which are in your own name,during the life time of husband and after divorce wife has no property right,but she can claim residence right till divorce.
Devajyoti Barman
(Expert) 09 December 2014
Do not worry. Since the property is transferred to your mother it can not be touched by her anymore.
Be cautious and take bail once 498A is registred. After taking bail there is not much where you have to be wary of this case.
Dinesh Jamwal
(Querist) 09 December 2014
Sir,
in the last counselling the women cell in-charge forced me to write in my statement that whether you want to live with your wife or not, she didn't allowed me to write my statement.
in the last counselling she took my signature on a statement in which there were many things she has written by her own, when i asked her that these things never happened so why she has written these she said that same wordings she will write in the my wife's statement also but neither she told me what she has written in my wife's statement nor she showed what she showed me my wife statement when i asked her to show her statement to me .
1) can i write my own statement in the women cell.
2) is it mandatory to write a statement as the women cell in-charge is asking to write
3) can i write a statement that because of my wife's filthy wordings,misbehavior and the false allegation she has made i can not live with her any more
Dinesh Jamwal
(Querist) 09 December 2014
sir my next counselling is on tomorrow 10-12-2014 .
i don't want that the women cell in-charge
could add some wording to the statement which i have to give which could cause me problem in my case because the women cell in-charge in completely favoring then she is not allowing us to reply.
she is not discussing the allegations my wife has made accept few .
through RTI i tried to get a copy of the complaint but more then 10 days has crossed she has not given the copy of the complaint
Dinesh Jamwal
(Querist) 09 December 2014
Devajyoti sir,
Please help that what statement should i give to the women cell so that they could not misuse that in the case
P. Venu
(Expert) 09 December 2014
The action of the Womens's Cell amounts to abuse of power. You may inform the higher authorities of the matter.
Dinesh Jamwal
(Querist) 09 December 2014
Dear Sir,
After all these allegation threatening and abusive behavior with me and my family ,If I am not interested to live with her anymore.
Can i write a clear statement that because of this behavior i can not live with her
Devajyoti Barman
(Expert) 09 December 2014
Tell the truth and highlight her misdeeds in the counselling. In any case they support the wife only.
Dinesh Jamwal
(Querist) 09 December 2014
dear sir,
If I say I am not interested to live with her anymore she can go to any civil court
V R SHROFF
(Expert) 09 December 2014
DO NOT SAY NOW " I am not interested to live with her anymore"
JUST WATCH & WAIT.
DO NOT PANIC.
Just Defend in case she files cr cases.
Arnesh Case Supreme Court , protects u * ur parents against 498A
Rajendra K Goyal
(Expert) 11 December 2014
Agree, do not say " I am not interested to live with her anymore" at this stage.
Consult your lawyer and have the guidance on the basis of case file / complaint.
T. Kalaiselvan, Advocate
(Expert) 11 December 2014
If you are no more interested to live with her, you may proceed with a divorce case on the grounds of cruelty, take the help of a local lawyer and discuss the issues properly and take wise decision.
Dinesh Jamwal
(Querist) 16 December 2014
Now my wife has file maintenance case in civil court
U/O 33, Rules 1 and 2 CPC read 18 sec of HMA 1956, TP Act 39
U/39 Rules 1 and 2, Read with 151 CPC
Demanding maintenance of Rs-15000 per month.
In the case she has only targeted the house which I have transferred to my mother’s name , the rent we are getting from it and my salary which is 40000 per month .
She has also made false allegations on me regarding not letting her come to the house
which are completely false alligations she never ever contacted to come to the back or to live with me again. Her intension to make money from me not to save the relation.
On one side women cell is counseling is going on and on the other side she has filled the maintenance case.
May be she is going to file 498a also when the counseling will over.
In the maintenance case she filled she has targeted the thing from where she could get money.
She has mentioned the total land of the house .She has also written regarding the old jamabandi of the house at my name which is now on my mother’s name.
Her intension to make money from me not to save the relation.
What should I do.
How much maintenance can court give to her as she is equally educated as I am and she was also working in college.
She has also requested the court regarding the property that it should not be transferred or sold .
Can the court revert the decision of transfer of the property to my mother’s name which was done before the filling of the case.
Please suggest
Dinesh Jamwal
(Querist) 28 December 2014
I got married on 10-12-2013. The marriage was done without any dowry. After marriage she stayed with me for one month then one day she went to her parent’s house without any reason. After one month both the families sat together and after discussion and she came back to live with me She always use to say that I have the right to live in this house if there is any issue between us . in the month of March She was pregnant at that time so we take her to my native place so that my parents could take care her. After 10 days when my parents were not at home only my grandparents were at home her bother and other family member came they convinced them they they are taking her for few days and we will return and also told them that they have talked to my parents also and take her to her father’s house. she took all the jewelry and the money along with her. When my parents tried to talk to her father he refused to talk even when I tried to talk to her she said I have my own priorities. When she gave birth to baby in September they didn’t tell us and sent a notice to our panchayat to add the name of the baby.
1)After living separately from past 8 months In the month of October they filled a complaint in the women cell .
2)Then they filled cases under section
•U/O 33, Rules 1 and 2 CPC read 18 sec of HMA 1956, TP Act 39
•U/39 Rules 1 and 2, Read with 151 CPC
Demanding maintenance of Rs-15000 per month.
In the case she has only targeted the house which I have transferred to my mother’s name, the rent we are getting from it and my salary which is 40000 per month.
She is equally educated as I am and she was also working in college (Msc. B.ed).
3)Then after one week she filled DV case with CDPO.
4)Now she has filled 498A in police station.
We have taken Anticipatory bail for one week.
Court has ordered to join investigation when we went to the investigating officer and read the FIR. In the FIR she has demanding returning the stridhan which was never taken.
She has written Jewellery , Bouble Bed . TV. Washing Machine , Fridge , oven.
The jewelery she has mentioned she has already taken and rest of the things are false we never asked for any dowry.
Police is saying that we need to recover the items as mentioned otherwise your bails will be cancelled.
Her intension to make money from me not to save the relation.
What should I do.
