How to avoid 498a

1.    Hire on retainership basis a seasoned Criminal Law practicing advocate locally found via reference and remain in touch with h/er 24X7 OR as and when any new development takes place.

2.    Ask son to preserve flight tickets.

3.    Ask son to record conversation.

4.    Wait and watch developments and donot file any case first.

5.    It is criminal intimidation tactics being applied.

6.    All her istridhan are hers. Make list and send the list to her by RPAD to come and collect in 15 days failing which deposit in Women’s Cell locally along with witnesses.

7.    File a general diary report of wife/DIL leaving matrimonial home without consent along with grandchild on such and such date to such and such address and pray Polcie for mediation and family preserving - reconciliation related help. Preserve the receiving copy of such one page application.

8.    Prepare legally for AB or Notice Bail as the wife's (DIL's) Jurisdiction may be.

9.    Ask son what he finally wants minus emotions – sentiments as once a FIL showeth - expects 20 L for MCD or nearest amount the marriage of his daughter is dead and he has already shown his larger intent hence take cue from there.

10. If property is on your name prepare Court papers for seeking injunctions and as and when current situation reach more boiling point file such papers before Civil Court and pray for injunction – restraint order against DIL not to enter your property.

11. If said property is in your son’s name ask him to prepare for its official gift deed to you.

12. Also seek legal advice on visitation of minor child for biological father and grandmother.  Prepare legal documents now on and as and when current situation boils more file immediately in Jurisdiction Court so that atleast visitation Summoning reaches them which is safest litigation.

13. There is a Civil procedure under HMA (assuming son is Hindu) called as RCR – Restitution of Conjugal Rights U/S 9. HMA, seek legal opinion on it as it if announced in your son’s favour it helps only for disallowing maintenance claims under S. 125 CrPC and not under Civil or Quasi Civil Laws such as S. 24 HMA OR provisions under DV Act.

You and your son need very soon Chamber discussions, hence seek one more or less on above minimum advices from today onwards. 

If there is no love and affection between the wife and husband, it is better to go for MCD.  But Rs. 20 lakhs is huge amount, try to settle the matter 2 to 3 lakhs or any other reasonable amount as per your choice.  If they still demand more amount better not to heed to their illegal demands and wait for defending their proposed cases.  Let them file cases, not worry. Keep collecting proof that you made all efforts to try to bring her back to lead happy marital life and her adamant attitude so that grounds can be raised at the time of divorce.  By the threats of your DIL, you should not bow your head to them. You have self respect.  When there is no fault on your part why do you worry.  Let the things happen, you go on defending by filing cases.  At one point of time they will come to mutual understanding.

The rest of the things are small issues (custody of child, returning gold ornaments etc) which will be advised by your lawyer.

Thanks a bunch experts.

I will consult with family members and let you know the steps that we are taking to bring this relationship back on track.