Yet another case of false 498a
truthseeker
(Querist) 03 June 2014
This query is : Resolved
Hello,
I and my family are a victim of false 498A and DV. My brother's wife under her parent's guidance rather misguidance fought and left our house in march 2012. We tried for a divorce but she is asking a huge sum, unable to meet her demands she then filed 498a and DV in 2013. My dad committed suicide in 2014. My questions are :
1) I understand court cases take ages to resolve cases. My brother has already filed divorce case in family court.is there any rule that if husband and wife are staying away from each other for 3 years and if one spouse (here wife)is not signing divorce paper then the court may intervene and grant divorce(to husband)?
2) My dad committed suicide and left a note stating that my brother's wife and her family members have harassed him to the core. is there any punishment for wife and her family. So far has any girl ever been imprisoned for the same? in 2012 more then 64000 married men have committed suicide but never got any case where the wife and her parents are arrested/sentenced?
I really want to see them suffer and hopefully behind the bars.
Please help.
Thanks.
Devajyoti Barman
(Expert) 03 June 2014
1. No , there is no such rule.
2. The suicide note help your brother to prove mental cruelty which would help him to get divorce.
If in the suicide note his daughter in law is alleged then complaint for abetment of suicide can be lodged.
If police does not register FIR then file petition u/s 156(3) crpc in the Magistrate's court.
Rajendra K Goyal
(Expert) 03 June 2014
There is no such law in India.
Lodge FIR for abetment of suicide against the wife. if police does not register file petition in court u/s 156 (3).
ajay sethi
(Expert) 04 June 2014
no such rule that merely because couple are staying separate on basis of application by any party court should grant divorce . did your father in his suicide note mention daughter in law . if so she can be booked for abetment to suicide
Raj Kumar Makkad
(Expert) 08 June 2014
The sole allegation can be imposed against her-abatement to suicide otherwise there is no other scope as you asked for.
