498a
rdburmanmusic
(Querist) 08 June 2010
This query is : Resolved
my worst wife has filed 498a case against me my family members and my doctor collegue who is never in picture but counselled her once to improve her behaviour.if that case proved out to be false( off course it vl be false only)can my friend put defamation case against her and her parents who is supporting her .i want to live separatelt from her and to be alone from her cruelity but she is not vacating house after putting 498a.worst shameless female want to torture me till i get divorce. how to escape from her?how to makw seperate residence for me? can i take my things and go?she is doctor can work and live seperately but she is not working, want exploit my money and torture me in same house. her father is more worst fellow has only revenge attitude. he is govt employee doctor, how to teach him lesson?pls advice me.
Prakash Langalia
(Expert) 08 June 2010
this is the example how woman misuse provisions of law which are enacted for the protection of woman. definitely your doctor friend is entitle to file civil suit for defamation and damage of loss of reputation or criminal case for malicious prosecution if your doctor friend is given clean chit by the trial court. If house is stood in your name(ownership)then you can file civil suit for possession of the house.If she wants divorce,then it is wise to give her divorce,you can escape from her easily. you are major person and free to go any where you like to go. you can take your things it is not offence. if your wife torture you, you should separated as early as possible it is with you whether to give her money or not. as she is doctor she is able to maintain herself. if your are not at all in fault then you should not fear. if your in-laws take any offensive steps than you can file complaint in police station.
Raj Kumar Makkad
(Expert) 08 June 2010
Your doctor friend can file defamation complaint against her and her parents after exonerating from the charges framed against him. You can see divorce from her if the charges are found false against you and your family members levelled by her in the case. I do agree with Prakash.
Devajyoti Barman
(Expert) 08 June 2010
First ask your friend to file a case for quashing the 498A case before the high court as the case u/s 498A can not be instituted against anybody other than the family members of the husband.
To teach her a lesson you could file w number of cases against her as a measure of counter attack for which complete facts of your case needs to be known..
rdburmanmusic
(Querist) 12 June 2010
thank you sir, but my doctor friend is very soft and dont want to involve in court matter but he is very much hurt and anger with her and her parents behaviour.now she has gone without informing me where i dont know. her native is mumbai.she want to come back and stay with me!!after putting false case they all ran away though police told them to stay till investigation completed.i have taken my things and living with my friend in hostel as i cant stay with that cruel and torturing lady.her things are in that rented house where i was staying before. house owners already given notice to vacate house 3 months back.thay are worried how to vacate her things.niether she informed me where she is nor she has taken her things back and i doesnt even stay in that house because my clinic is beside that house. she is simply giving tortur. she says" u have given only divorce notice but court has not given divorce decree so i vl stay where ever u stay"she has filed totally false case against me,my family members and my very good best doctor friend and again want to torture me by saying law and order always. she has written false and insulting letter about me to my director.but my director knows about my sincerity he didn care about her attitude. pls suggest any best route...
