Can i file 498a case after 1.5 year so separation

if she don not want to cohabitat with her husband and all t!he ways of reconcile were stopped then she may file the case of dowry harassment u/s 498A ipc & for to get her stridhan 406 ipc against him .

 

After such a long seperation... Allegations won't stand string unless supported by string evidences. U can claim stridhan by above sec. They can file a divorce on mental cruelty. You can file all cases of 498/125/ dv but first why u in this 1.5 yrs had a reconciliation talk....? Whats wrong....? Why such a time lag....???

I mean why was no reconciliation step taken by any of u....??

The reason for separation was mental torcher.  She came out and then we taught we may conduct a formal talk and leave the couple separately.  But they are not ready for it, and they dont seem to co-operate, they always put the blame on my aunt.  This went for a year where we waited to r re-unite

We have strong evidence for the money transfer, they were paying EMI for the loan which they have taken but now they stopped that too...my aunt is paying EMI from her pocket for the last two months.  We have given cheque in favor of their relatives. (It was all done online transfer and cheque payment)

Please tell me My aunt's Car is in their house for which she is paying EMI...How can I retrieve that legally?

If I file a FIR for dowry harrassment will it take a long time to resolve, as my aunt is working so she may need to consider that too?

We had given a complaint in police station to take back the shreedhan, police said they cant do anything about it... they have to return the things on thier wish...and police cant force... but they dont seem like giving... they are demanding to return all the gold which my aunt is wearing and then we need to sign the papers and divorce, and then they will let us take the belongings of my aunt.

Dear Arun, Please do not get into these 498a affairs, there are lakhs of these cases pending for over 10 years in Indian courts. 498a is now a racket for lawyers, court officers, policemen and public prosecutors for making money. At the end of the day, only the woman suffers due to her own 498a case. I am speaking from personal experiences for my own sister. The lawyers in this forum who are luring you into this 498a drama will make your aunt poorer by another 10 lakh rupees through their legal fees and other expenses, you will never recover this money. And moresoover, they will take away another 10 years of your aunt's life, and completely ruin her and her social position. She may even lose her job due to mental instability arising out of these cases. 

 

This advice may help you, rest is your choice.

Hello Raj,

Thanks for your suggestion.  Now the actual problem is, we just filed a police complaint to just get back the things, but my aunt's uncle is not ready to return the things.  Now my sister is paying 30k /month EMI for the car loan and personal loan.

She has a baby boy at home to which she has to take care, and more over they have got all her things.

We never wanted to get into this trap of fir and the court, case etc., etc., but my aunt's husband is not willing to come for a compromise or anyting.

They are asking us to pay 1.5 lakhs cash and return 150 grams of gold to get back the things.

Please tell me what do you suggest ?

Hello Laxmi Kant,

Thanks for your reply.

My Aunt's In-Laws are not ready to return the articles given as shridhan, and even the police is telling that we cannot force them to return the articles.

None of our lawyers are not pretty sure with this, they are going by police words. I read in another questionaire that my aunt has all the rights to go and take her articles any time she wants as she has not applied for divorce.  Is it true ?

What will be the police reaction if we are taking things forcibly ? And please let me know what is the best possible way to get my aunt's belongings out of the house ?

There are plenty f women forums even the women commission will flung into action if they were approached.  If the local police expressed their inability, take up the matte with the higher police official of your district or city, he will be of more use to you in this respect.  A woman has got full rights over her stredhana properties which includes the gifts she received from her husband during her marriage.  She can now pick up all he properties lying in her husband's house even if she has an intention to return to the matrimonial fold in a later stage, nobody can stop from her doing so, in case of any problem, she can seek the help of police to protect her while she is retrieving her properties.  As far as car EMI, ask her not to pay it any more, let the financier seize the vehicle for default in payment, if she cannot use it let no one use it.  Instead of 498a she can file domestic violence case on he husband and her in laws who are hell bent to torture her. If local lawyers are not helpful, you may engage a prudent lawyer from nearby town to deal with the case.

@Arun if all what you are saying your aunt can ask for articles showing proofs but filling 498a is ridiculous

   If your aunt is staying away since 1.5 years then why she ddnt get all these articles when she left? why she / you want to get those articles now? is your objective or aunts objective to harass your uncle by filling fake 498a now?

@other seniors who gave their great replies saying 498a can be filled, is it not encouraging people to misuse 498a?

If the above mentioned story by Arun is true then Question to seniors those who gave gr8 replies, is it not simple matter of 406 instead of 498a?

If aunt is paying EMIs then she has all rights to prove that its her article & she can get it back showing sufficient proofs in court but for this encouraging people to file fake 498a doesnt make sense...

Hi Arun

 

The long period of living separately from your uncle for the last 1.5 years will not render your case much strong, rather it will give the other party something to challenge it as why did it strike in your or your aunt's mind to file a fake 498 a case after 1.5 year of separation.  Believe me brother, the extent to which husbands suffer is great, but greater is the extent to which wives suffer emotionally, mentally and socially.  Also, being non cognizable, it will definitely rule out even the grimmest possibility of any peaceful resolution to be carried out about the matter.  My advice to all respected seniors who have been encouraging you to file 498 a case is that for god's sake do not spoil the life of two persons and two families by misguiding the grieve struck people.  Fury of a moment if made to overpower your wisdom will definitely bring very drastic results.  Life has not got U turns everywhere

 

 

Yes. Ur aunt can and should file a case to recover her stridhan.  You need not to go  so far filing S. 498 A and S. 406 IPC to recover her stridhan for which ample evidence is lying with her.  For rescuing such hapless ladies only who are beseized by the rapcious husband and inlaws, a soft civil law is enacted and that is called domestic violence Act.  She can contact an advocate and directly file the case before the Metropolitan Magistrate along with the documentary proof of her stridhan and she can recover them expeditiously without any hassles.  If her intention is only to recover stridhan, do not file and pursue S. 498A/406 case  and simply file DV and get relief.

funny, after 1.5 yrs of separate life ur aunt dn't knw wht she wnt. here i request ur aunt to write dwn on paper wht she wnt - 1. divorce, 2. harrasing her husband & there family, 3. all the belongings of ur aunt frm them, 4. having s*x everyday with her husband. if she is opting for option 3 then it is very simple, instead of going with 498a or domestic violence cases or others which harras there family go straight to file a civil case asking for ur belongs. bcoz here u got good evidences of ur belongings. if u harras there family members i swear they will never give u anything instead u will roam around court with dates. here u need to concentrate on ur child and ur life. belongings or money will be there today or may not be tomorrow. best of luck, god bless u!

pls see abve