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Nancy (housewife)     31 October 2012

498a

Hi,

My husband and in laws demanded dowry after 2 yrs of marriage.My husband tried to take my son away from me and tried to take all household items for which I have filed a harrasement complaint at the police station.Afterward he got himself transfered to another city   and left me and my son alone.After 6 months I have filed 498a against him and my in laws but still no actions has been taken against them and no reply from them.

I want to know how long do i have to wait for them to respond.

can i file for child maintenence.



Learning

 8 Replies

stanley (Freedom)     31 October 2012

Can you describe the allegations in brief for filing 498 A . 

As regards to how long you would have to wait would depend upon how long he would report or how long would the police reach to him as in 498 A the police arrest the person and he would have to seek Anticapatory bail . 

yes you can file for child maintanence but may i know the reason why you dont want maintanence or should i assume that you are working and hence you dont require maintanence .And remember child maintanence is co-extensive and in case you are working both have to contribute towards the child .

G. ARAVINTHAN (Legal Consultant / Solicitor)     31 October 2012

You need to proceed the case with the help of Women's Cell in your locality

Nancy (housewife)     31 October 2012

The allegations for filing 498A are:

i)My father-in-law demanded that I should give Rs 5lacs

ii)My father-in-law threatened that he would make my husband to go for second marriage(my husband is muslim and I'm hindu and we got married through special marriage act )

iii)My husband and in-laws together would assemble in my sister-in- law's room and after coming out of the room they would insult me and threatened that if i don't give money my husband would desert me.

iv)They threatened me that if  I don't convert , they would take away my baby (1.5 yrs) from me

 

I want to file the child maintenance , but  i don't know whether before divorce i can file or not .Also I'm working .through what procedure could I file for it.And if my husband does not respond then what should be done.If he doesn't come to my place , then what about the 498a or the child maintenance

Nancy (housewife)     31 October 2012

I want to know what is women's cell ,is it the womens police station , or the women's commision

Adv. Chandrasekhar (Advocate)     31 October 2012

Originally posted by : Nancy

@Nancy,
The allegations for filing 498A are:

i)My father-in-law demanded that I should give Rs 5lacs

dowry demand coupled with physical / mental cruelty is an offence under Section 498-A.  Mere demand of dowry is not an offence under this section.

ii)My father-in-law threatened that he would make my husband to go for second marriage(my husband is muslim and I'm hindu and we got married through special marriage act )

in your case, special marriage Act is applicable, which prohibits bigamy and hence, even though he is a muslim, without obtaining proper divorce from the competent court of law, he is not entitled to go for another marriage.  If he takes such risk, you can take appropriate action under bigtamy law and put him behind bars.  The other people, who will be conspirators in the bigamy also will be prosecuted.  If you want to prevent him from going to second marriage and you get whiff of his such attempt, you can approach the civil court and get interim stay against him for going to second marriage.  I want to make it clear that even though he is a muslim, as he has undergone marriage under special marriage Act, he cannot give divorce by way of talaq or go for another marriage till he getsproper divorce from competent court. 

iii)My husband and in-laws together would assemble in my sister-in- law's room and after coming out of the room they would insult me and threatened that if i don't give money my husband would desert me.

You have to decide that whether the threat is sufficient enough to put into the category of "mental harassment" and if so, you are entitled to proceed further under Section 498-A.

iv)They threatened me that if  I don't convert , they would take away my baby (1.5 yrs) from me

Yes.  This threat is undoubtedly mental harassment.  But it is upto you to take recourse of Section 498-A or not.  Because, once you resort to such action, there is bleak chance for restitution of harmonious matrimonial relationship.

 

I want to file the child maintenance , but  i don't know whether before divorce i can file or not .Also I'm working .through what procedure could I file for it.And if my husband does not respond then what should be done.If he doesn't come to my place , then what about the 498a or the child maintenance

you can file child maintenance case under Section 125 cr.p.c. or under DV Act.  The child's expenses  required to be shared by both of you.The court will decide the quantum of maintenance after taking his income and your income and child's needs and the style of living.  Once court order is passed he has to comply it or face the consequences.

1 Like

Adv. Chandrasekhar (Advocate)     31 October 2012

 

Originally posted by : Nancy

I want to know what is women's cell ,is it the womens police station , or the women's commision

 In some states, all women police stations have been set up taking into consideration of women's hesitation to approach the general police stations for the best reasons known to all.  In some other states, crime against women cell have been set up to deal with matrimonial criminal offence, i.e., Section 498-A.  Once you file the complaint, immediately it will not be translated into FIR unlike in other criminal cases.  The women police personnel deployed there will initiate mediation and if the mediation is succeeded it is well and good, otherwise the complaint will be translated into FIR,  and normal criminal procedure will be followed. 

1 Like

Rashid Ali (criminal lawyer)     31 October 2012

you did not described whether you are a working woman or housewife . you can ask chield mentenance under 125 crpc. in your areas megistrate court.

Nancy (housewife)     31 October 2012

I wanted to know what is normal criminal procedures.What actions can be taken against them under this procedures.


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