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Lalitha   28 June 2016

498a second time while contesting divorce case

Hi Sir,

There were few disputes with my husband and I left to my parent house.
After 2 months, I called him several times but he changed his number and moved to another location and also joined new company. 
Unable to find him.I came to know (from relatives and friends )that he has affair with another girl.
My parents forced me to sign on 498a complaint on my husband and his family in 2013.he was arrested and charge sheet also filed.
My husband agreed to take back me. So I withdraw all cases 498a, dvc and even maintanice also.
In 498a, I gave statement(to judge while trail) that I am compromised with my husband and there was no dowry harassment happend and I signed on this 498a  complaint without knowing the contents.

  after closes of all cases,in a week he went to Chennai for job without informing me.
Again, I tried my level best but I could not reach/contact him. He is very cunning and cheater.Mentally torturing me.  I want my husband.Cried a lot.
Last year,he filed divorce case and I am contesting that. I fall on his feet and his family members and begged them to take back. but they are cruel.now, I am ready to give divorce and  asked Rs. xx lacs alimony but he denied( he is ready to give only half of the amount of our proposal). 
Now, we are planning to file 498a again on him and his family memebers. since my case is different, Is it possible to file second time 498a again.
How can I proceed?



Learning

 15 Replies

Angad Singh (Lawyer)     28 June 2016

Yes, you can file an FIR under 498a again. The law does not bar you from filing another case agains your husband. Also, file a civil suit for restitution of conjugal rights against your husband.

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     28 June 2016

Mam, 

 

U can again file and his behaviour of the past will help you show court the kind of a person he is and his intention is to cheat. 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450

AMAN KONARK MODI   28 June 2016

donot file wrong case at all.

leave him.

keep in peace you

keep in peace him

donto fight in court it takes lot of time wastage of money 

development of ou and him will occuer suffering

hence as before marriage you dont earn

after marriage you betrayed him by filling false 498a

as you are cunning in filling 498a so your husband has do same thing with you

 

TIT FOR TAT.

 

ORGET THE PAST MOVE TO NEW LIFE
FIND NEW PARTNER
GIVVE DIVORCE LIVE WELL
LIVE INDEPENDENTLY

LIVE LIFE LIKE EQUALITY OF MAN AND WOMAN IN THIS NATION

 

DONOT MISUSE THE LAW AT ALL.

LAW IS FOR GOOD NESS NOT FOR USING FALSELY AGAIN ANYONE

 

 

Lalitha   29 June 2016

Thank you for the suggestions.

Last time, when I filed 498a on 10 members , police arrested 5 memebers and send them to jail for 2 days and rest escaped and got anticpatory bail.  I came to know that now in 498a case, police are  following some procedure without arresting them immediately. What other cases I can file on them to arrest immediately and send to jail like last time. I want to teach a lesson to my husband and in-laws for spoiling my life.


(Guest)

Not sure why you left your husband and was not in contact with him for two months. People tend to move on, some more quickly than others. 489a is wife's weapon in leagal battles and once filed it will lead to permanent damage to the relationship and the husband usually will try all tactics to get out of it. The honorable supreme court has agreed to this. No one wants to be arrested.

I understand you probably was advised to file 498a by relatives. Best to find common friend to sort out matters with your husband, keep relatives out of it, they do more harm than good in these scenarios.

Best to do things out of the legal system, unless he is abusive and you are concerned about your personal safety. If not then try reconciliation as if a case is filed, a good lawyer can drag it on for a couple of years. You sound young, so best to move on if things dont work out. Money isn't worth the paper its printed on, if it destroys your life.

Best of luck.

AMAN KONARK MODI   29 June 2016

LEAVE HER DEAR DO NOT TAKE ANY REVENGE

LIFE SPOIL DEPENDS ON OUR MIND SET

LEAVE HIM

START NEW LIFE DEAR

Lalitha   29 June 2016

Brother Aman,

Please stop giving personal suggestions and if possible give me legal suggestions.

AMAN KONARK MODI   29 June 2016

DR BR AMBEDKAR SAID IN THE LAST SPEECH OF CONSTITUION FRAMING CONSTITUENT ASSEMBLY OF INDIA ON 25.11.1949 "I shall not therefore enter into the merits of the Constitution. Because I feel, however good a Constitution may be, it is sure to turn out bad because those who are called to work it, happen to be a bad lot. However had a Constitution may be, it may turn out to be good if those who are called to work it, happen to be a good lot. The working of a Constitution does not depend wholly upon the nature of the Constitution. The Constitution can provide only the organs of State such as the Legislature, the Executive and the Judiciary. The factors on which the working of those organs of the State depend are the people and the political parties they will set up as their instruments to carry out their wishes and their politics. Who can say how the people of India and their purposes or will they prefer revolutionary methods of achieving them? If they adopt the revolutionary methods, however good the Constitution may be, it requires no prophet to say that it will fail. It is, therefore, futile to pass any judgement upon the Constitution without reference to the part which the people and their parties are likely to play."

Righteousness Where there is righteousness in the heart There is beauty in the character. When there is beauty in the character, there is harmony in the home. When there is harmony in the home. There is an order in the nation. When there is order in the nation, There is peace in the world.

A walk alone (-)     29 June 2016

Sister you have done blunder after 498 a no husband takes his wife back. Once family matter moves in court nothing left in that relationship. Once you file any case it will end with divorce. Anyway now dnt file any case. Try to move on in your life. Otherwise you will only spoil your life in roaming court . You will waste money and time. Instead of teaching him a lesson you will learn a lesson by roaming courts.

ramesh   30 June 2016

actually judiciary has given unnecessary weapons to clever woman like this 498a. nothing to add only i can say tht ur relationship will get sour only, u shld search a gud widow husband and live wid him instead of teaching a lesson to husband.

ramesh   30 June 2016

actually judiciary has given unnecessary weapons to clever woman like this 498a. nothing to add only i can say tht ur relationship will get sour only, u shld search a gud widow husband and live wid him instead of teaching a lesson to husband.

ramesh   30 June 2016

actually judiciary has given unnecessary weapons to clever woman like this 498a. nothing to add only i can say tht ur relationship will get sour only, u shld search a gud widow husband and live wid him instead of teaching a lesson to husband.

(Guest)
Amen to that Mr. Aman!!

(Guest)
Amen to that Mr. Aman!!

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