Seeking survival guidance from 498/498a
subhendu
(Querist) 19 August 2011
This query is : Resolved
Hi,
I stay in Mumbai with my wife and one kid for last 2 years. my father and mother resides in kolkata. recently my wife went to kolkata and there she has beaten my mother severely, without any provocation and ill treatment from my mother's end. such incident has happened earlier also. i warned her to stop cruelty on my family members. this time i have decided to file divorce. in turn my wife and her family members have threatened to file 498 against us.
whatever i said above is all truth and seeking immediate survival guide from you.
Thanks
Subhendu
ashok kumar singh
(Expert) 19 August 2011
your decision is right, file Divorce application against your Wife on the ground of her Cruelty against your family elderly members and seek custody of your child in a case you wish to take child with you. do not wory about the threat of false criminal case under Section 498A. you will get justice from the Court of Law, though it's take time.
Rajarshi Bhowmik
(Expert) 20 August 2011
Look no one can stop any one from initiation any false case and in our system 498A is often used by the wife's and their in laws just to force and fulfill their demand. It is very unfortunate but it is true. In my experience I have observed and dealt many cases of this type there are certain provisions in Cr.P.C. which if utilized can give a great effect to the husbands and their in laws. In today's law practice a advocate should be innovative in nature to protect his clients interest. As you got the threat early then facing the case and if you consider the case is in the border line of initiation you should react early and utilize all the provisions of law you could for your interest. For further details please visit www.rajarshibhowmik.webs.com
M V Gupta
(Expert) 20 August 2011
Consider filing a police complaint against the misconduct of your wife. The Police may record a non cognisable Offence and may not act. But this will be useful to establish the cruel conduct of your wife in case she files any case under Sec. 498A. This will also come to ur aid in divorce case if u finally decide to file one. Do not forget to get certified copy of the FIR filed with the Police. While these are legal steps, you should try to tackle the isssue from personal side by discussing with ur wife and dissuading her from her objectionable behavior.
sibasish pattanayak
(Expert) 21 August 2011
Dear subhendu,
i agree wth MR.M.V.GUPTA, in addition with his valuable opinion i preferred to suggest that, u shd file a 1) DIVORCE CASE AT MUMBAI,ISSUE NOTICE TO HER ,2) FILE A CASE U/S,VIII OF G&W ACT,3) SEND ALL THE COPIES OF ORDER SHEET COVERING WTH AN ADVOCATES LETTER TO ALL CONCERN POLICE STATIONS, SUPERINTENDENT OF POLICE, OC WOMENS GRIVANCE CELL,WOMENS COMMISSIONS WEST BENGAL / MUMBAI CHAPTER.
Your aged mother possessed her right to inform to the CHAIRPERSON WOMENS COMMISSION WEST BENGAL, HUMAN RIGHTS COMMISSION,W.B.
regards,
sibasish pattanayak, Advocate,kolkata.
09874854594/09231668664/09477090999.
e-mail:sibasish_adv@yahoo.co.in
