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498a on my husband and his family

Page no : 5

Anusha (Software Engineer)     10 December 2014

Sir ok as discussed i will leave him (divorce)

1) He is not accepting to give divorce for me .

2) He is realising that he hurt me with that messages and asking me to come home from last 4 months.

3) I have kept 498A on him and his family can i withdraw it , because charge sheet prepared and went to court also.

Is there any chance that i withdraw case 498A now ?

4) Based on his SMS (unparliamentary words msgs) can i appeal in family court for divorce ? how much time it take if he wont accept for mutual concern divorce.?

Please advice 

Ravi (a)     10 December 2014

in which state 498a is running?

yes, you can get divorce and other civil reliefs using SMS message. you wont get anything if you file criminal cases on him.

AS   10 December 2014

1) He is not accepting to give divorce for me

----> it is his wish to agree for divorce or contest , you can do much in that.

 

2) He is realising that he hurt me with that messages and asking me to come home from last 4 months.

------> No crime , he has right to cal you back.

 

3) I have kept 498A on him and his family can i withdraw it , because charge sheet prepared and went to court also. Is there any chance that i withdraw case 498A now ?

--------->498A can not be withdrawn, It can be quashed provided your husband agree for same.Else not you are bound to prove your case and if you cant then the can file recovery/defemation civil and criminal both on you , and you can go to jail.

 

 

4) Based on his SMS (unparliamentary words msgs) can i appeal in family court for divorce ? how much time it take if he wont accept for mutual concern divorce.?

Please advice 

------>Contested divorce will take 4-5 years or even more.

Anusha (Software Engineer)     10 December 2014

Hi Sir ,

1) Is there any problem with person (A3) removed from chargesheet by investigation officer. Can he file any case on me like "paruv nasta dava" now.

2) If in future if remaining people like A2/A3 also got relief from case , There is any possibility they also keep case on me ?

3) If my husband accept his mistakes by realising in court in first hearing , do the court accept his mistake and leave him free .?

4) If divorce get confirmed to me by family court by this SMS , can i claim any money from them ?

5) After divorce can i claim maintainance money every month ?

6) There are lot of loans on me when i am in job , now i left the job and my parents paying them . Is there any possibility that my husband can share the loan with me after divorce ?

 

Anusha (Software Engineer)     10 December 2014

Can i Settle the mater(money as agreement) in family court . ? Is it possible ?

Ravi (a)     10 December 2014

you cannot claim money from your husband in any court case because you are a working lady earning double salary of your husband. all accused when set free will defintely file case on you (civil and criminal). you will get divorce from your husband thru SMS messages if you play safe.

AS   10 December 2014

1) Is there any problem with person (A3) removed from chargesheet by investigation officer. Can he file any case on me like "paruv nasta dava" now.

I dont understand your language , but you can file application of 319.

 

2) If in future if remaining people like A2/A3 also got relief from case , There is any possibility they also keep case on me ? 

yes 100%, you will land up in jail :) and paying money to them.

 

3) If my husband accept his mistakes by realising in court in first hearing , do the court accept his mistake and leave him free .?

We no.

 

4) If divorce get confirmed to me by family court by this SMS , can i claim any money from them ?

Well No , you are working lady so you will not get money.

 

5) After divorce can i claim maintainance money every month ?

No.

 

6) There are lot of loans on me when i am in job , now i left the job and my parents paying them . Is there any possibility that my husband can share the loan with me after divorce ?

No.

Anusha (Software Engineer)     10 December 2014

1) How much it take  hearing between other hearing ?

2) If my husband accept sim is his proof and phone is not used by him ?

3) If i withdraw  divorce can court leave my husband free from 498A. I mean court cancel the 498A ?

4) If i apply divorce now , 498A case will favour to my husband ?

Anusha (Software Engineer)     10 December 2014

1) Sir if my husband accept his mistake how many years he will be jailed ? 

2) My husband is interested to be good police , his goal . But by keeping FIR on him does it impact his future  i mean any condition like that he is not be eligible for police after filing FIR on him?

3) I 

Anusha (Software Engineer)     10 December 2014

Hi Please advice how to save my relation with my husband and with draw divorce and 498A ?

MohanK-700 (Architect)     10 December 2014

Sudden change !

Anusha (Software Engineer)     10 December 2014

No change , in decision sir .

1) He has to be jailed 

2) I want divorce

3) If he accept his mistake what is the chance of max years he will be jailed . As my advocate said that he will be jailed for 7years and he cannot appeal for high court even .

4) Please advice is my advocate providing me right information. Is really 7years is the max time for this case ?

Sivaram (SE)     10 December 2014

Ego ...  :)

Anusha (Software Engineer)     10 December 2014

Sir , Is that a EGO , to ask accused person to get jailed ? 

He did a mistake so he has to be jailed even he is my husband. Asking money is wrong but asking for justice is never wrong.

Please let me know with this SMS , how many years he will be jailed ?

My friend referred some forumns and informed me that 3 years is the MAX jail time for 498A . But i have only SMS as proof but not physical torture proof , If i tell in court physical torture is also happend then how can i prove that ?

Will court ask me evidence for  physical torture ? I have written in FIR as he tortured me physically also.

1) please let me know how many years my husband will be in jail based on above cases? 

Sivaram (SE)     10 December 2014

Why didn't you drop from getting married when hes asked dowry. Then you accepted to give dowry. Is that not crime?

You people have given as gifts, court will consider as dowry. 

 

You/your activities are the main reason for his crime right? Just court may give warning for bad words in SMS. Not sentence.


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