Limitations to file 498a case?
Prashant Kolte
(Querist) 30 November 2009
This query is : Resolved
Sir,my DV act-property locked?query has been resolved.Thanks.The very next day on 27.11.2009,on court date of my DV case,Judge has called me & wife in his personal chamber & told us to arrive at amicable settlement.He suggested few thing but my loving wife didnt accept that.But I like to ask IS THERE ANY TIME LIMITATION for wife to file 498a case against Husband who is already facing trial of DV act.We have married since 12 years & living separately since 7 mnths without any communication..I heard till 7 yrs after marriage,wife can file 498a on husband. Any other cases,she will probably file?I dont want to harrass my aged parents..Already she is getting maintanance & staying in my owned flat.
Pl do the needful.Waiting for ur expert opinion.
Regards,
Prashant.
Raj Kumar Makkad
(Expert) 30 November 2009
There is no prescribed limit for filing case under section 498a. However, if it is filed belatedly, its benefit shall go in your favour.
Sachin Bhatia
(Expert) 30 November 2009
No prescribed limitation for filing case under section 498 A.
bail for all call-9811443969
(Expert) 30 November 2009
no limitation mentioned under 498A IPC , as it related to the harrasment by husband and his relative, the reason for not having any limitation may be that such harrassment can be done anytime till you are the husband and the family member are your relative during your matrimonial life. but in the recent time there is some guileline issued by Court to police to be followed before registering case under section 498A.
Prashant Kolte
(Querist) 30 November 2009
Thanks for ur expert opinion.But I with my parents are staying separately since 7 months and assume will live till judicial separation or divorce(say 3-4 yrs),can she file 498a or 406 against me & relative?Do u all mean to say till the time I remain as her husband in her life,SHE CAN FILE 498A?Means till divorce,I should live in fear of 498a?Any remedy available with u all.Pl suggest me.I would b gr8ful to u.Thanks.
neeraj
(Expert) 01 December 2009
I completely and only agree to Smt. Apurva.
Please visit www.savefamily.org and make urself more aware about 498a by calling the helplines mentioned for your region.
Dear Prashant,
In India anybody can twist the facts and file any case on anybody, that's a harsh reality.
You have not fought your case properly that's why u already lost your flat.
Prashant Kolte
(Querist) 06 December 2009
Thanks for ur expert openion..Epect d same in future.
