Can i file 498a case after 1.5 year so separation

@ querist & all,

Again a fake social stigma from lawyers given on 498a.........

reasoning:

1. If streedhan not returned then it falls U/s 406 IPC and not U/s 498a.

2. If the lady is paying EMI then it's totaly virtue of her to do as here no body is compelling her to pay EMI as she can directly go to loan section and give application to either make that car on seize if she is not able to pay the car loan.

3. If EMI is on her name then obviously she is the owner of that car which is currently used by her in-laws and this is ofcourse a stringent proof that her streedhan is with her in-laws.

4. If 498A is filed rather than 406 then following things will happen to you:

A. Nothing will achieved except decreasing of your hard earned money in mode of lawyers fee,and other integral bribes to be given within the court,travelling expenses and other misclaneous expenses and needless to say this won't stop another good 3-5 years.

B. The current tension will mingle with another fake case to prove as you can't withdraw once you have filled it bcz this non compoundable case.

C. The other party will simply take AB and will take rest as you have to proov this criminal offence beyond doubt and I think you people don't have such stringent proof to make them sit behind bars for 3 years.

D. Once it is proved that you all people have made false allegations of 498A then your Uncle can drag you people in real case of defamation and perjury.

So, gradually when you come to the last option after reading I don't think that a wise and an educated person will fall in the trap of greedy lawyers who suggest to file 498A on in-laws for any whims and fancies or for any hue and cry in marital life.

My best wishes to you to achieve your aunt's stridhan in a right way rather in wrong footed steps which are seldom invited by our great Indian Lawyers.

Thanks & Regards,

(ESIS)

People like get_strong are shame on this society.

Lord Krishna also went to Duryodhan to give only 5 villages to avoid the fight, but he was hellbent not to give ..........Similarly, if one party thinks that husband will do mud sl*gging and will make the lady culprit, then he has a right to opine his views like u r doing for ur husband. Also, u r like a duryodhan who is hell bent to file a case and win it and in the end, infact 100% ppl including the learned lawyers here know that who is going to win the case, but still they will ask u to file it.

Ppl like u instigate unscruplous ladies to file false cases at the cost of innocent people who face the cases just because of vengenace of wife. And what the hell made you to think that husband learn in courts. This is exactly opposite, when girls roam around the courts and gets nothing because of fake, weak and false cases and then they grew their hair white, then only they learn the actual truth.....And if u still think husband will learn, then test it practically and come here after 3 years. 

Unscruplous ladies go for legal begging. Lady earning 30k is saying that she is not able to get back the car. Who is stopping and forcing her to pay EMIs ???? Can't she just file a complaint to SSP on the same and give a copy to the bank that the car is not with her and will not be able to pay EMIs .............She is thinking from last 1.5 yrs ????

I repeat if you think amicable solution is an act of  cowardness, then the lady get_strong, i am sure ppl like u will learn in courts only.

>>> Statement by u get _Strong "This all basically happens because women are emotionally sensitive and men are rational."

Shrupnakha was also a lady..........and every1 knows what she did ...........and Ram ji was also a man.............and every1 here knows how sensitive are ladies. Actual reports and surveys show that women have bold heart than men thats why the average age of man is 62 and 65 is for women in India.....

Ur bla bla of ABLA NARI cant be stopped, so keep on poking as this is the habit and Vardaan of God to u.

why should i be shame on this society dear reformist?

Did i advice her to go and file fake 498a cases anywhere?why are you getting sensitive.

What i meant is people cannot leave ego for their own sake.It applies to both men and women who are hellbent to sit and discuss.From the queirist it is clear ,all paths to reconcilation have failed in 1.5 years,when ever they tried, her aiunt was blamed and accused.So its very clear her husbands side are hellbent for amicably soving things.

I was just wondering why people dont realise life and peace are important.Inspite of knowing how easily laws can be missused ,they will not take wise and decent step,just becuase of ego.

If it the case was viceversa i.e wive hellbent to come to a conclusion in decent ways,then also i would have told the same thing.Learning doesnot come at the cost of loosing something.People learn the need for decent ways,only when they run behind courts let it be wither wife or husband,and it takes years together to find out, its just wasting their time and effort,and make them feel numb,nobody can do anything to others.

What i feel is,even though one of the spouse is not willing to live with the other, they should decide it in decent ways than mud throwing.Let them explain and convince why its not possible to reconcile and take the consent for divorce and go through decent ways.

1.5 years is more than enough to come to a conclusion.

I dont like to talk in terms of money or EMIs.As evry human being will be empowered to earn its own food and self respect when actual its own stomach burns & demands.

Shurpanakas,ravanas,dushtasanaas all are just rakshas.There is no gender discrimination needed anywhere.Good people are present in both genders like wise bad people.

But what i have observed and experienced is, people live by their egos,to the extent to restrain from decent ways.And only god and time should make them realise.Or the peace lost in wandering between the courts will make them realise what they lost because of ego,which i dont recommend at all.Best Way to solve problems between husband and wife is, they both should sit and discuss rather than arming with batten of relatives to fight across.But they dont realise,inspite want to seek other remedies

I dont recommend courts and fake cases.If the torchure has happened really, the they can seek justice.But most times what torchure means to one person, seems the way of living for the another one.Thats what i mean by women are sensitive and men are rational.And in most cases, family members(either husband or wife) would be the catalysts in making the fire burn between spouses.Until and otherwise spouses understand the need to keep and manage between themselves and by themselves,to bring out an understanding and harmony in a relationship, nobody can help .

Hope i have made clear how egoistic people are supposingly making lives hell for all the families

What i feel is,even though one of the spouse is not willing to live with the other, they should decide it in decent ways than mud throwing.Let them explain and convince why its not possible to reconcile and take the consent for divorce and go through decent ways.

1.5 years is more than enough to come to a conclusion.

>>>>>>>>>>> I absolutely agree on this point

I dont recommend courts and fake cases.If the torchure has happened really, the they can seek justice.But most times what torchure means to one person, seems the way of living for the another one.Thats what i mean by women are sensitive and men are rational.

>>>>>> I mostly agree on ur above post about ego, but i dont agree on this point that men are rational and i am really hell bent on this that women are extremely rational and men are too sensitive. Men cannot discuss their issues with collegues or friends which women can do and men are tend to die earlier because of heart problems as they have tendency of not sharing family issues openly.

>>>>>> REST I agree on your post.

@ get_strong:
"

Most members who are advising for solving amicably involving elders are most probably the aggrievated victims  of their wives who filled false 498a cases.They would be seeing it as a decent and peacefull way of solving things.But practical truth wuld be ,even if the wife is ready to put aside ego and ready for discussion,to restore back the family life for the sake of her child and herself, all that would happen there is ,just mud slugging by husband's relatives.Their ego would be raised so high,they will be thinking the old b*tch is coming to lick the husbands feet, so would hellbent on accepting back expecting her parents and relatives along with her to fall on their legs and ask for jeevdhaan,after apolozing for 100 times.Then they make her the scapegoat with all minor complaints like she dint clean the car the other day,she dint do pooja,she dint cook tasty food etc etc etc and proove she is worth nothing.And her family members have to witness and realise how a women becomes helpless,if she wants to retain the marriage.They would be forced to demoralise her saying ,yes you have not done your responsibilities in anyway and you should fall on thier feet and beg pardon.Big family draama.Then also husband will run away as if in 'kaashiyaatra' ceremony.her parents should literally fall on his legs and beg not to spoil her life.............

So wife who experinced so much torchure and exploitaion before, will have to agree they were really good people and it was all her mistake,for not being worth and tell she will put red carpet for them to magnify the torchure as like before and spend rest of the life without questioning it or being reluctant towards it.means happily accept their behaviour and learn to deserve less for herself.

This all basically happens because women are emotionally sensitive and men are rational."



describe behavior of WINNER is most practical.
i say WINNER, it may b groom or bride side. this human behavior is btwn looser & winner. so there is no question of bride and groom.
nw a dys, with help of law, bride side r most of the time in driver's seat which boys side enjoyed it with help of social stigma,
nothing is changed in mentality of people.

 

forget to mention tht there r always exception. in history take case of sikandar and puru.

for taking initiative of reconcilation, why one should be afraid of the result tht fail to understand. it is a noble cause.
may b reaction is not tht wht one fear. only imaginary EGO refrain one to take initiative.

@ get_strong:

"Most members who are advising for solving amicably involving elders are most probably the aggrievated victims  of their wives who filled false 498a cases.They would be seeing it as a decent and peacefull way of solving things.But practical truth wuld be ,even if the wife is ready to put aside ego and ready for discussion,to restore back the family life for the sake of her child and herself, all that would happen there is ,just mud slugging by husband's relatives.Their ego would be raised so high,they will be thinking the old b*tch is coming to lick the husbands feet, so would hellbent on accepting back expecting her parents and relatives along with her to fall on their legs and ask for jeevdhaan,after apolozing for 100 times.Then they make her the scapegoat with all minor complaints like she dint clean the car the other day,she dint do pooja,she dint cook tasty food etc etc etc and proove she is worth nothing.And her family members have to witness and realise how a women becomes helpless,if she wants to retain the marriage.They would be forced to demoralise her saying ,yes you have not done your responsibilities in anyway and you should fall on thier feet and beg pardon.Big family draama.Then also husband will run away as if in 'kaashiyaatra' ceremony.her parents should literally fall on his legs and beg not to spoil her life.............

So wife who experinced so much torchure and exploitaion before, will have to agree they were really good people and it was all her mistake,for not being worth and tell she will put red carpet for them to magnify the torchure as like before and spend rest of the life without questioning it or being reluctant towards it.means happily accept their behaviour and learn to deserve less for herself.

This all basically happens because women are emotionally sensitive and men are rational."

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gud bt i differ here:

all of us should understand when one say sorry that does not mean that one is wrong and we are right.
but that means one give more priority/value to relation than own EGO.

in that case it becomes our moral duty to try to RECIPROATE it in same manner.