can wife enter husbands inlaws house after filing 498a case
deshpande
(Querist) 11 April 2015
This query is : Resolved
Hi
I am an Nri, parents residing in hyderabad.
my wife filed dva, 498a, crpc 125 , rcr one aftet the other in the above referred chronology.
dva, 498a on me and my parents.
crpc 125, rcr on me.
I m planning to come to hyd and fight the above said cases on merit.
request you to clarify the following.
1. I have given gpa to my father to attend cases on my behalf, it seems that court has not accepted my gpa, reasons best known to them. My query is for dva , crpc 125 rcr can be fought by giving gpa..how to tackle this in the district court. For 498a as this is in july I am trying to come to come to india ans fight.
2. If I land in hyd, can I avoid my wife from entering my house ( house on my dads name).
3. Is it advisible to apply for divorce on cruelty and desertion grounds when above said trails are going.
4. What are the counter cases that I can file against my wife and her dad. Please note wife and his father are central government employees.
Request for your valuable advise.
regards
deshpande
Sudhir Kumar, Advocate
(Expert) 11 April 2015
1. I have given gpa to my father to attend cases on my behalf, it seems that court has not accepted my gpa, reasons best known to them.
YOUR QUERY IS VAGUE. YOU HAVE NOS STATED WHY COURT HAS REJECTED THE GPA. IN CRIMINAL CASE YOU HAVE TO BE PRESENT ON ALL HEARING WHETHER ON BAIL UNLESS EXEMPTION HAS BEEN GRANTED.
YOU HAVE ALSO NOT STATED WHETHER YOU ARE ON BAIL AND WHETHER THE SAME HAS BEEN REJECTED DUE TO NON-APPEARANCE.
Sudhir Kumar, Advocate
(Expert) 11 April 2015
My query is for dva , crpc 125 rcr can be fought by giving gpa..how to tackle this in the district court. For 498a as this is in july I am trying to come to come to india ans fight.
YOU CAN TACKLE THIS EITHER BEING PRESENT ON ALL DATES OR BY GETTING EXEMPTION.
Sudhir Kumar, Advocate
(Expert) 11 April 2015
2. If I land in hyd, can I avoid my wife from entering my house ( house on my dads name).
IT IS ABSOLUTELY IRRELEVANT AS TO IN WHOSE NAME THE HOUSE IS. MERELY BY FILING SUCH CASES SHE HAS NOT LOST THE STATUS OF YOUR WIFE. SHE HAS ALL THE RIGHT TO BE IN THE HOUSE WHERE YOU ARE NOW THERE OR WHERE SHE LAST RESIDED WITH YOU.
EVEN IF YOU ARE ARRESTED IN HYDERABAD (OR AR AIRPORT IF YOU ARE WANTED AND IF LC IS ISSUED) SHE STILL HAS RIGHT TO BE IN THE HOUSE.
YOU ARE ALREADY FACING DV CASE ADN THIS WILL BE ANOTHER ACTION OF DV.
Sudhir Kumar, Advocate
(Expert) 11 April 2015
3. Is it advisible to apply for divorce on cruelty and desertion grounds when above said trails are going.
FUNNY. ON ONE SIDE YOU WANT TO INVENT ALLEGATION OF DESERTION AND ON OTHER HAND YOU WANT TO RESIST HER ENTRY IN THE HOUSE.
Sudhir Kumar, Advocate
(Expert) 11 April 2015
3. Is it advisible to apply for divorce on cruelty and desertion grounds when above said trails are going.
YOU HAVE SO FAR NOT SPELT OUT ANY ACT OF CREDULITY. FILING SUCH CASES IS NOT CRUELTY UNLESS PROVED FALSE.
Sudhir Kumar, Advocate
(Expert) 11 April 2015
4. What are the counter cases that I can file against my wife and her dad. Please note wife and his father are central government employees.
THIS FORUM DOES NOT ADVISE AS TO HOW TO INVENT CASES.
YOU HAVE NOT SPELT OUT WHETHER THEY HAVE COMMITTED ANY CRIME OR NOT.
deshpande
(Querist) 11 April 2015
Dear sudhir
I thought dva case is civil in nature and 498a is criminal in nature. I would like to inform you that I have give gpa to my dad ( sent it to him after indian embassy consent).
They have rejected gpa stating that I need to be present for 1st hearing in dva. Is this a legitimate rejection, can we appeal in district court.
M/s. Y-not legal services
(Expert) 11 April 2015
no. you have to appear in your first appearance.
even though you can appoint an advocate to act on behalf of you. but its discretion of the concern court..
ajay sethi
(Expert) 12 April 2015
apply for divorce if wife has filed false DV / 498A cases against you . no need to file counter cases . contest existing cases on merits
DEFENSE ADVOCATE.-firmaction@g
(Expert) 12 April 2015
Even if you file for divorce the cases unde DV , 498 and crpc 125 will remain so it is no remedy.
2) GPA in criminal cases is not allowed.
3) You can not avoid your wife to enter her matrimonial home.
4) To avoid appearance there will be remedies which do not expect to be given on public site.
5) Even far counter action seek private and expert advice.
Devajyoti Barman
(Expert) 12 April 2015
First clarify whether RCR is filed by you or it is filed against you.
If RCR is filed by her then I wonder how are the 498A and DV case are lying against you,
SAINATH DEVALLA
(Expert) 12 April 2015
Gentleman, kindly answer the above experts
Devajyoti Barman
(Expert) 12 April 2015
1. Though GPA is valid in criminal proceeding but the same is for initiating criminal proceeding only. Not for representing you in the criminal case.
2. If you have not taken bail then first take it and then fight the cases on its respective merit. Unless the court imposes any restrictions you can easily fly around the world.
3.You can file divorce suit now.
4. Counter case will depend in the facts and circumstances
deshpande
(Querist) 15 April 2015
Thank you experts for giving valuable repsponses.
1. Rcr is filed by wife. She has filed dvc first, 498a second , crpc 125 and now rcr...!
2. I cannot understand how can a courts accept rcr after filing all other cases. Note all cases r under trail stage in court.
3. In dva she is claming interim maintenance, we have informef court that she is a central govt employee.
4. My lawyer is applying AB in this week, thanks for your valuable guidence.
5. Plz advice will court take cognize of the fact of she has filed rcr aftet filing 498a, a person if she feels has commited a crime can she still want to continue her matial life....
6. She in her all the cases informed courst that I left her and not providing any financial support frm 2 years where as I m transferring approx 10k permonth till last dec 2015, i have stopped frm dec becase of cases that she has filed...frm last dec my parents r attending all the trails.
7. Plz advise how can I resist her from entering our house as I have a fear that she will create some false scene of sucide attempt or some other actions to put us under more trouble.
request you to please give your valuable suggestions to fight.
T. Kalaiselvan, Advocate
(Expert) 16 April 2015
Firstly she is your wife hence she has full rights to live in her matrimonial house as your wife, nobody can restrict or stop her from entering in it. The GPA by an accused in criminal cases are not allowed, there is no provision in law. If she has filed maintenance case but is a government employee, you may bring this fact to the knowledge of the court during trial, she cam very well file rcr after lodging complaint u/s 498a IPC also, there is no bar for it, if you want to know how court has accepted it, you have o read the law books properly to know law in this regard. If you have not obtained AB, the court may at her instance, dismiss your AB petition or impose conditions restricting your travel outside the country till the case is disposed, so be aware of that danger too. Rest all other issues stated by you has to be taken care of during trial, be in touch with your lawyer.
