498a misuse..
Querist :
Anonymous
(Querist) 07 June 2011
This query is : Resolved
Greetings !
I am another victim of 498a. Hereby putting the incidents and request for your kind guidance to get rid of this and if possible use the same against my wife.
1. I was marrined in Mar 2008. In Feb2009, my wife with her mother-father threatened me that they file complain under 498 if I do not remove my mother out of house and add her name on the property(flat), which is taken by me on Home loan. At the time my one sis was in advance stage of pregnancy and other sis was just married(1 month). Due to apprehension, I filed anticipatory bail application. The said application was rejected as my wife opposed the same. She also got the resedential ex-party order under DV act in Feb 2009.
2. As relation were over and my wife had terated me with lots of cruelity (also marriage wasnt consumated). I filed a divorce petition in Mar 2009.
3. She kept filing one or the other application under DV and delayed the case. In Mar 2010, she tried to kill my mother and an offence was regeistered under 324. Considering the same Session court was pleased to cancel her residence order and asked me to pay her 5000 for rent as&even she was earning 25000 pm.
4. After that, She filed a 498a in Jun 2010. The case is yet to start.
Please guide and help.
Sudhir Kumar, Advocate
(Expert) 12 August 2012
You buy a proerty on home loan. Right that means that your wife's earning directly or indirectly contributed to the property and you keep her out of the property.
you still feel that action should not have been taken by her.
This is your own description of facts speaking agaisnt you.
What is present state of affairs so that some meaningful advise could be attempted.
