498a case.

Originally posted by : Neha Chowdhary
	Respected All, My clients marriage commenced in 2010. After 3 months of marriage husband left creating scence at hometown of my client and never turned back.within 5 days asked for divorce.mediators tried to settle issue..but , he dont want wife in his life back. Now, wife after a passage of almost 2 years, wife sent legal notice and in turn they replied saying he's ready to live married life. But, just superficially as he's one who want to break marriage.  Now, if i can suggest my client to initiate 498a, its not false case as she really sufferd within 3 months..What are the consequences of the same?  Please help..... Thanks, Neha

In the proffesion first and foremost thing is, to unite couple.

Instead of thinking about taking revenge as husband left wife and lot of humiliation has happnd, according to wife,

Sending a legal notice was a bad thing to do.

lt is better not to payback in terms of 498a case.

Why?

Be it either 498a or the 125 crpc, or the DV, all those are home breakers and marriage breakers.

if you do it, ie filing a case of 498a, you will surely suffer in hell, and hell let me remind you is not somewhere else, it is here on earth.

As I said in the beginning, to make part ways is a greatest sin on earth, a woman and man, to make them devoid of relationship.  We should make couple unite, make them understand the meaning of marriage and being together.

The wife in question should thank the husband who wants the wife back.  Who on earth would give a chance like that, forget God himself.

Thanks for ur suggestion Sir...

I really appreciate ur thoughts...but..when a person (husband) dont want wife back in life...then do we need to suggest that girl(wife) to go and join husband's company forcefully????

And second thing, no revenge and nothing...its matter of right.....

Thanks for ur reply...

Neha

Originally posted by : Neha Chowdhary
	Respected All, as she really sufferd within 3 months..What are the consequences of the same?

Could you tell what kind of suffering has your client undergone?

1.  BEATEN BLACK AND BLUE FOR PSYCHOLOGICAL REASONS, NOT PROVIDED WITH MEDICAL ASSISTANCE.

2.  BEATEN BLACK AND BLUE FOR DOWRY WHICH MAY INCLUDE ONE OR ALL THE FOLLOWING, MONEY, LUXURIOUS CARS, JWELLERY. 

3.  THROWN OUT OF HOUSE, WAS FORCED TO BEG ON STREETS?

4. NOT PROVIDED MONEY FOR CLOTHES.

5.  NOT PROVIDED FOOD TO EAT.

6.  WAS ACCUSED OF ADULTERY, WHICH IS FALSE.

7.  WAS NOT ALLOWED TO MEET HER PARENTS, AND WAS LOCKED UP IN A ROOM FOR MONTHS TOGETHER.

8.  Using umparliamentary words to address the wife in public.

Please tell.

Originally posted by : Neha Chowdhary
	Thanks for ur suggestion Sir... I really appreciate ur thoughts...but..when a person (husband) dont want wife back in life...then do we need to suggest that girl(wife) to go and join husband's company forcefully????   And second thing, no revenge and nothing...its matter of right..... Thanks for ur reply...   Neha

Nehaji,

Let us forget law, and legal course for a while.

When you say right, right or wrong cannot be determined in a marriage.

That being said, its about the willingness to forgive and let go of the other person's supposed mistake.

Remember, it takes two to tango, and there was Micheal Jackson who danced alone, but here both husband and wife have to entertain each other in the worst possible circumstances, unlike Micheal Jackson entertained the whole world.  When I say it takes two to tango, the other person ie here the wife in question is as much responsible for the acts of the husband.

I still say, Instead of suggesting some cases like 498a, dv, 125 crpc, you could as well become their friend and guide to ask them to co-operate with each other, forgive and forget and move on.

Regards,

Yeah ur right .....

forgive and to forget and to move on....and that lady spent more than 2 years....waiting situation to get normal and to live her matrimonial life...but...her husband...thrown her out....for other women.....n her in-laws...demanded laptop, cash, jewellary and all....

now what will u suggest?

Originally posted by : Neha Chowdhary
	Yeah ur right ..... forgive and to forget and to move on....and that lady spent more than 2 years....waiting situation to get normal and to live her matrimonial life...but...her husband...thrown her out....for other women.....n her in-laws...demanded laptop, cash, jewellary and all.... now what will u suggest?

All that over, bring that, give that, ask parents to give that all over.

Everybody deserves a second chance.

Now that husband is ready to oblige, then why not take another chance.

Coz, its difficult for both parties to undergo a 498a or DV etc.

Years will go by as if there is no end. Both of their lives will be wasted without any reason.

instead they made be understood, to take a second chance, living away from other people [inlaws] and try and work it out this time around.

If not, there is always the legal course, which wont help gain the wife anything, but a mental satisfaction that THEY HURT ME, ME HURT THEM, we are equal now, but one fails to understand the after effects of such cases. [not to forget years of litigation]

women who file such cases be it genuine or fake cases, will be blacklisted in the market of finding a suitable match, and over a period of time that will be a very detrimental factor of the person's mental well being.

If not able to get along together, better go for MCD and part ways as gentlemen.

@Author

what are you? are you a lawyer or something? dont you know what to do?  DIdnt you study law? Does the law has a rule book? Dont you see what the rule says?

what is 498a? Does you head say two years desertion comes under the rule for 498a? what right you are talking about?

what was your client doing all these years? You are just playing with the rights of a real deprived woman...you made 498a a joke...a laughing stock...get lost

This does not sound like 498a situation.

www.mehnat.in

I read somewhere that there is a statute of limitations of sorts

Since DV is punishable by 1 year one cannot put case under DV post 1 year of incident

since 498A is punishable by 3 years max one cannot put 498A post 3 years of incident. Is this correct? so 3 years of separtaion rules out 498A filing?

Thanks

@Neha

Sorry for being rude in my last post. Appreciate you if you can send the couple for marriage counselling.

Thanks.

3 years for both DV and 498a

www.mehnat.in

I am not sure but following could be repercussions.   My learned brothers may concur/provide section nos.

The opposing party could:

i) file for defamation

ii) criminal abuse of process of law

iii) contempt of court

iv) criminal conspiracy to cause grevious hurt.

if convicted,

the girl may in turn file on lawyer (i) breach of trust (ii) breach of professional code of conduct (iii) criminal conspiracy to cause greivious hurt (iv) may file complaint at the bar to debar from practice of law.

dont envolve his parents an 498a and if police suppose gives false report (it will be) then hear the tune ''ting-ling-ling''

file for maint nothing else