is there any safeguard against 498A

write one complaint to your local police station as well as ur wife's police station stating that they are threatening you for filing false 498A against.

to be very honest, there is no way by which u can avoid filing of 498A. but i would recommend u to be cautious and as soon as any complaint comes, just move to Allahabad High Court for taking Arrest Stay. After that it remains a just procedural battle and time will cure it.

sorry Manish.....ur advice needed to be corrected a little bit.

Vaibhav, since u ve said u r willing to take her back....u just do one thing file a petition under S. 9 of Hindu Marriage Act for restitution of conjugal rights.....it will create positive situation in ur favour.

in fact she does not intend to come....but under S. 9 petition she can be compelled to come.

as a matter of fact u ll be saved from adverse impact of S. 498-A, in case she lodges and FIR or complaiant against u after S. 9 petition it ll be easier for u to get bail (anticipatory).

if finally the S.9 petition is decided in ur favour, then she ll ve to join her matrimonial home....if she does not then it becomes a good ground for u to get divorce.

but the moment u read this reply the next moment u should be with ur counsel with all documents so that petition under S.9 HMA can be filed without any delay.

make sure u act first than her action.

best of luck

Will it not be sufficient to prove as per Hindu Marriage Act that:

"One has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition"

In Vaibhav's case, it is more than two years that his wife had abondoned him on no ground, if whatever he said here to be believed true. Is it not an allowable ground for divorce?

Please correct me ...

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Mr Raman

Kiran Kumar is advising a notice sincethe same will be used as a shield in case the wife files a complaint in future. Naturally in the notice , we have to allege that the wife left the company without any reason. The wife after waiting for two years, that too after thenotice of the husband canot not say or complain under Sec. 498-A. Even if she does so that will be a very weak fround. I think rushing to court for divorce is not advisable at present and as suggested by Kiran better a notice in the begining, then if there is no reply a petition for divorce.

However thanks Mr Kiran Kuma.

Hello Mr. Deeksh*tulu,

Thanks for the explanation. I, later realized that we all are on the same page.

G8

Presently my wife and my one yr old son are living with me.    Due to regular quarrals between us (me and my wife ) and due to mental torture my wife was giving to my mom, she (my mom) left  home and is now living with my maternal aunt. 

Quite often we fight over this issue and other issues/allegations etc.  

My brother in laws are threatening me that they will beat me up and will implicate me in false dowry or DV case.

Now I am planning to file complaint (regarding chanes of imlicating me in false cases & threat of physical  abuse by my inlaws)  in my local police station was well as my wife's police station sugested by Mr Manish.

My query is : -   My brother in laws are asking my wife to drop a letter to them (at her maternal home)  wherein she will mention physical tortoure and dowry demand etc.)  I am muslim (Hanfi Law applicable).   And there is no physical relation between us for last 1 1/2 years due to our bad relations. She has also deserted me earlier for more than 4 months.  

1)    Since my wife's maternal home is in different state, shall i have to go there personally to file the complaint or only speed post will do (alongwith the copy of complaint letter submitted to my local police station.)

2)   One of my friend has advised me to submit complaint to the Magistrate also ....

please explain the procedure to file complaint to magistrate and  what amount of fee (court fee etc) is to be paid for this complaint.   And where and whom should i approach.     I AM RESIDENT OF DELHI (SOUTH DELHI).

PLEASE HELP !

 The only remedy available to you to get back your wife or to escape from dowry prohibition act is to file an application for restitution of conjugal rights under Section 9 of the act.

Mr. Vaibhav Singh,

You asked a question "is there any safeguard against 498A"

I would say with sic humour that the answer to 498A, is 377.

You see, that 498A is not applicable to Gay Marriages / Gay Relationships. Moreover Court has further de-criminalised it. 

Keep Smiling .... Hemant Agarwal