help_divorce (SC) 29 March 2011

Time Frame to apply 498/DV

My estranged wife left the marital home 8 months ago and has filed for divorce. I have filed for RCR. The court has currently allowed me to take my 30 month old son home once a week for 2 hours. I have to go to my estranged wife's home (her parent's home) to collect and drop my son. Whenever I go, she doesnt miss any opportunity to abuse or taunt me. Basically she does all this to provoke/insult me.

I would like to know whether she can file any case under 498A or DV when I go to collect/drop my son. That is the only time I see her, else there is no communication between us. Can she make some excuse and file 498/DV even at this juncture?

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6 Replies

Tajobsindia (Senior Partner ) 29 March 2011

@ Author

1. YES, she can as all Indian males are born criminals is the gospel truth! Better come early to this reality of being born as Indian Male.

2. Always carry a voice recorder with you when you do door step collection / dropping of your child. Also carry certified copy of Court Order with you to her door step.

3. In case you see escalation of verbal abuse turning into physical abuse on any such occasion donot miss calling # 100 and narrating the complete incidence and in 72 hrs. file an RTI to Police HQ for transcriptt of your # 100 call made to police to help you from such abusive outbursts when you went to her doorstep as per Court Order. This will help you claim your innocence if she ever files either and or both nature of suits one fine day.

adv. rajeev ( rajoo ) (practicing advocate) 29 March 2011

You cannot stop her by filing a false case on you. 498A is related to demand for dowry.If she files you can defend the case by saying that she is not atll living with you.