Ipc 496 against my husband

It is not worth filing 498a against him as he or his family never asked for any dowry and physically harmed me.Also if i file 498a then it will make him never come to India and i don't think he will have any problem with his job or passport as far as i know his passport is new and valid for 10yrs and after 10yrs who knows if the 498a exists or not so its me who will have to run around the court.

Also MCD will not be a option as i said he is not ready to come here and cooperate with me.

case is fit enough against your parents.

Why he was against marraige.

Try MCD through Power of Attorney. 

MCD is shortest & best remedy for ur already dead marriage

all who are appreciating her that she is not filing 498a,

She knows that 498a wont give fuitful results as her husband is out of india that is the reason only.

I am surprised that being lawyer you should understand her game-plan

Adv. Bharat Chugh as you have mentioned going for MCD and this is also what i want but as i have mentioned earlier that he is in no way ready to accept the marriage in this case even for POA he needs to sign somewhere and accept the marriage which he will never do.

Other than MCD is there any other option available for me.

@Shalini:

I see from your way of writing and understanding , you are more than a normal qualified person. here are my views.

> Just an out of box thought,

1> If you want to come of out of marriage and start new life

Divorce--> Ex-parte--> re marry--> start a new life.

2> If you want to punish your life

Try all laws against him as adviced by forum members. COns: waste of time, money and peace!

3> I dont think your life just made for him.., there are many other pending work for us.

For us men, God forsaken creatures, die hard to win over estrangled wife.

I sincerely pray for your clean exist with a year!

Dear Shalini

you can not file a case u/s 496 against him because section 496 clearly says:

Section 496. Marriage ceremony fraudulently gone through without lawful marriage

Whoever, dishonestly or with a fraudulent intention, goes through the ceremony of being married, knowing that he is not thereby lawfully married, shall be punished with imprisonment of either descripttion for a term which may extend to seven years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years and fine—Non-cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

 as per you query his intention is not comes under the word fraudulent not comes under the word dishonesty. this marriage comes under the pressure.

Feel Free To Call

@shalini,

I agree to disagree all the suggestions,won 't work either of them for some loopholes/limitations in cotext of your case.

Now,some questions for you-

1.when the marriage took place(in mm/dd/yyyy format).

2.when he deserted you(in mm/dd/yyyy format)

3.What you do want ultimately(think with mind and heart both)

4.Your patience or willingness to fight a contested divorce/divorce by decree case for say at least 3-4 years(you have no legal option left with)

Lastly,a suggestion,may be helpful to avoid all 4 questions altogether.

Pressurize him socially.A man has to live in society,so has to listen to the society some other day,no matter if he likes or not.

Further....

Regards

[Concluding Reply]