False 498A case
Amit
(Querist) 13 January 2010
This query is : Resolved
Sir , My best friend get married two year ago, but behavior of his wife & her parents so bad with my friend from the first day. In Two years his wife stays with her parents more than one year now she is also with her parents from more than seven months. She has a son of three month. His wife not wants to live with my friends. I say to my friend that they will file a case against my friend’s family U/S 498A for dowry. Can my friends and his family protected from a false case of 498A?.If my friends go for divorce on the bases of that his wife not lives with him more than seven months than what about the child custody. He is very tensed so Please advice soon
Khaleel Ahmed Mohammed
(Expert) 13 January 2010
Your friend should file restitution of conjugal rights against his wife.
Devajyoti Barman
(Expert) 13 January 2010
Filing of case for Restitution of conjugal rights sometimes provides relief though there is no blanket protection against 498A case. Without expiry of 2 years of period of separation you can not file divorce suit on the garound of 'desertion' though other grounds will be available after 1 year.
For custody of the child one can always file case under section 25 of Guardian and Wards Act.
adv. rajeev ( rajoo )
(Expert) 20 January 2010
I agree with both the learned members, but it is non executable order, she may come or may not come to live with your frnd., it is better to speek with his wife and sort out the problems, even elders help can be taken to resolve their problems. Once case is filed on him it will be harrashment to him.
