498 a
Tanaveer Loladia
(Querist) 12 June 2014
This query is : Resolved
dear sir,
i have filed a 498 a complain against my husband and in laws. because they were mentally tourturing me to follow blind beliefs and i denied for that. so, my husband and all started addressing me as bala and panoti for the home. i tolerated it for 1 and half year now it was hard to tolarate it further. so, i raised my voice against that bawa. so, they decided to kik me out from the home. even further i tolerated because i love my husband. now, he too started hitting me and bitting me and forced me to follow bawa. i denied for it. so, my in laws started tourturing me and ask my husband to bit me and he follow the same. even further since last 4 months my mother in law stopped my husband to enter my bed room even at night. so, i felt fustrated but no one listen to me. so, i filled 498 against them.
i want to know what further i can do to teach them a lesson.
can i have a50% right over their property?
how can i gather information about bawa that he making fool to people?
kindly suggest me something.
Devajyoti Barman
(Expert) 12 June 2014
1. You have no share in the property even if the same belongs to your husband.
2. However if you are a housewife then you can claim maintenance for you and the child, if any at par of your husband status and earnings,
3. For this you have file case under PWDV Act wherein you can claim for right of residence in the matrimonial property of the same is owned or rented by your husband. if not then claim for rent of alternative accommodation.
Sudhir Kumar, Advocate
(Expert) 12 June 2014
As per you post it was only case of domestic violence and another case of making you to have faith in a Baba which you did not like and your religious sentiments got hurt.
You post does not disclose dowry demand still you filed 498a. Any reasons for the same?
Rajendra K Goyal
(Expert) 13 June 2014
you should also file cases of domestic violence, maintenance etc.
Nadeem Qureshi
(Expert) 13 June 2014
Dear Querist
You can file a complaint under section 12 of domestic violence act read with section 17 / 18 /19/ 20 /21/ 22 / 23 as per your requirements.
Feel free to call
ajay sethi
(Expert) 13 June 2014
agree with experts
R.K Nanda
(Expert) 13 June 2014
agree with experts.
Tanaveer Loladia
(Querist) 13 June 2014
along with 498 a, 323, 504 and 114 is also mentioned. i want to know that upto what extent i can claim maintenence under 125? and filing 125 indirectly means divorce or not? what further actions i should take.
V R SHROFF
(Expert) 13 June 2014
You file Application u/s 12-+++23 Domestic Violence Act, ask mtn, residence, protection.
However, I do not encourage anyone filing 498A, as it ONLY HARM both the parties to irreparable / harm your family. no any advantage. Teaching the Lesson is very costly affair. It ends your matrimonial Life. You closed the door permanently even for your beloved husband. it ends with 498A.
Dr J C Vashista
(Expert) 14 June 2014
I agree with Mr. V R Shroff, just file application u/s 12 POWFDV Act, 2005 claiming maintenance, residence and protection only and nothing beyond that, otherwise your family life will be ruiened.
T. Kalaiselvan, Advocate
(Expert) 15 June 2014
Besides 498a, you can file case against all the members of the household who have tortured you under the provisions of protection of women from domestic violence act.
Raj Kumar Makkad
(Expert) 17 June 2014
Well advised by experts hence no more to add.
