syam ( ) 19 May 2016

What is the chance to file 498a for my brother wife

Hi Sir,

My brother got married 5 years back and after 3 month both are divided and left each other and leaved there lives. they had 1 baby .

In between she was at her parents home , between this 5 years she coming and writign exams for govt and going to her parents saying that she is taking course.

It was 5 yrs completed. now 5 days she came with her mother, due to lot of differences and no effection between them they are decided to take divorce...

But we came to know that she is also planning to file 498A case on my brother... there is no such kind of cruelty happen from our end.

If she file a case just saying that she faced physical harrassment by my brother .... bcoz words dont need proofs.

is it possible to file 498A on my brother by her wife ?

1) what are the precautions should my brother should take ... pls guide. now a days some character less girls miss using 498A...

2) If she file only mutual divorce ... its there fate they will separate.

So please advice....

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4 Replies

A walk alone (-) 19 May 2016

She can file if she wants . Nothing she will get by this . She will spoil her own life . If she file then first get bail and try to quash the case at early stage. Filling any case is easy but proving your case with evidence is difficult. Court don't punish without any fault or evidence . Court need proofs. Its better to go MCD if she is not interested in continuing marriage . Because court procedure is long . Its a wastage of time and money. Go mcd and live a peaceful life.

P. Venu (Advocate) 20 May 2016

Nowadays thePolice under instruction not to take any hasty steps in complaints under 498A. There is nothing to be worried if your brother has not done anything wrong or improper.

P. Venu (Advocate) 20 May 2016

The Police, at least in Kerala, are under the instruction not to make any arrest in 498A cases except with the express approval of the SP of the District.