Homosexual Husband

do not go for Fake 498a Cases. Go for mutual Consent.

Cases takes hell lot of time and no body gets anything.

Vikas Sir, Let me know how you considered this would be a fake case for s.498A ?

Hi Vikas Sir,

This is not a fake case. infact we have shown humanity by not doing 498A against them since 4-5 months. We thought eventually they destroyed my sister's life but if she get her right in terms of getting alimony then we wil not file case, but after giving in written on 100 RS/- bond paper they just wasted our time and now after 4 months they are refusing for every thing.

So we have no option left  now.

Pawan Sir, I would suggest you to file a case immediately under both s.498A and DV Act.. One can imagine the agony of the woman who lived for 5 long years in the situation you have explained.

Hi suchitra,Thanks for your valuable suggesion,one thing i wanted to know that its been 4-5 months so can we file 498A now at his resedential place(Mumbai) and one more thing i would like to tell you that he has given a false notice to the police station which falls under their area that we brought our sister and she tried to end her life and all false alligations.

Now when we file the 498A their then does our case becomes strong as he already gave a false notice to the police station. We have proof of the 100RS/ bond in which his all family members agreed to give one time settlement alimony for getting mutual consent.

Now they refused to do anything.

Dear pawan,

Now you have two requirements.  1.  The girl also needs to get divorce  2.  She needs permanent alimony to support her for future. 

For getting the permanent alimony, there was a contract that mutual consent divorce (MCD) petition would be filed by both the boy and girl. This would fulfil the both requirements of the girl, but the boy went back from the written contract.

Now one important question raises - why the boy went back from his promise?  Does he not require divorce decree or does he not want to part with money?  It is important to know.

Now, the remedy.

If the boy accepts, file the MCD mentioning the amount accepted by boy;

If he does not accept, file a divorce petition on the ground of cruelty, which was perpetrated against her due his s*xual deviation.  In this file the contract of permanent alimony.  Once the decree of divorce is granted, the court will grant the permanent alimony which was recorded in the contract. 

I do not go into the debate of whether you can file S.498-A or not because, in Indian criminal justice system, I have observed that not only the accused but even the complainant is also being harassed.

Hi Prabhakar,

Actually he turned out of his written agreement there might be reason like in future he can not marry again with a girl now he want to create problems for my sister also to just hang us for long time. and let the case go on and on and on. so now he don't want mutual divorse and nither he wants to pay the said amount as a settlement alimony.

So  to teach him lesson what he has done with my sister i want to use all legal options.

Would you please suggest what are the cases we can file against him.

1. Sh. Prabhakar has given the best analysis of all facts placed inthis mail.
2. I also like ot know from Ms. Suchitra's when she advised them on S. 498a IPC / S. 406 IPC etc., why you suggested to use these Sections to this question seeker ? I just want to know the 'resoning' part !
3. Pavan and family are rightly 'agreeved" party here and I will add word like "highly" here in such situation but then there are other legal remedies which will bring in quickest relief to lady than using strongest weapon of mass distruction which his sister can very well take shelter of unlike S. 498a. I say so bze other than "highly mental agony stage she went through and living a life of constant mental cruelties on the s*xual orientation / preference of her husband,  the situation so far expressed here does not have ingredients of Dowry related cruelties as on S. 498a IPC, are there any !
You may enlighten me for to the question I asked your kindlsef for my own understanding.
Regards 
 

I am sorry for referring the case to come under s.498A. The case is not concerned with Dowry in any way. As a student I always confuse that s.498A speaks about cruelty from husband or his relatives is about s.498A. I forget that it relates to dowry aspect as well. I am sorry. But as the facts show cruelty, I think it can be a DV case. 

Thanks for correcting me, Arun sir.  :)

1.Thank you for your prompt reply/
2.No need to say sorry as we both are students :-)
3.Admittedly may be the family may use various other provisions of very law which have been enacted to help the lady in their true wisdom, but atleast not S. 498a IPC in presented situation, as it may come out to be a  loopy law for them in presented briefs which is say that they both want GET OUT of a really bad phase of their life (5 years remember they say spent in this relationship).
B rgds

start 498a.

for money we can compromise with everything. our main terget is money, not the family peace.

...........fighting, fighting, fighting everywhere - but not a single drop of peace.................

I agree with Ms. Suchitra's suggestion mentioned in post at 17.18 hrs. and do not agree with the post at 20.54 by her.  In the instant case S.498-A as well as provisions of DV Act lie.  S.498-A  is not exclusively related to dowry demand.  S.498-A , Explanation (a) relates to cruelty without attaching  the demand of dowry.  Hence, if husband or relatives of husband perpetrate cruel act against the wife for any reason other than dowry (e.g. for giving birth to female child), they are liable to be prosecuted under S.498-A.  In the given case, the husband harassed her mentally due to his s*xual deviations.  Hence, Section 498-A, as well as DV case can be launched against him.

But I do not suggest such measures because, now the girl wants quick divorce and good alimony and peaceful future.  Hence, filing a divorce petition in which the document of contract executed by husband be filed shall help her to get what she wants instead of taking a revenge by filing criminal cases.  For interim maintenance, it is always advisable to invoke the provisions of DV Act, as it is cheaper and expeditious.   

Thanks to you all for supporting me in various way,

We really were not in favor of taking revenge but after doing such a big crime  they are not regreat what they have done and also not following to the written contract.So  what we do know.

If we just file DV case, would you please tell the procedure and do they get arrest in this DV case .because untill they feel harrament they would not come on the right way.

One more thing as per written contract  they supposed to give their home situated in Pune to my sister. and fortunately my sister is a co-owner in this property. we have all legal documents with us. so would it help us.  

For maintenance as well as for shared household there are provisions in Domestic violence Act.  For your purpose, you can file it.  In this case, she can get the above said both relief.  For that, the procedure is, she can file the case directly before the first class magistrate, where at present she is residing.  Even though the machinery to adjuciate this case is criminal law machinery, the particular law is civil in nature and he or his relatives cannot be arrested like in S. 498-A.  But you will get the above relief quickly.  The remaining relief to get is, divorce.  If they accept then by way of mutual consent divorce or other wise regular divorce petition under S. 13.