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Wife's right to stay with husband after 498a

Page no : 2

priya   14 October 2016

Originally posted by : Gyan Prakash
Moral right you don't have. Legal right becomes immaterial the moment you filed 498a. On one hand ur asking money for ur expenses u.s. 125 crpc on other hand made criminal complaint u.s. 498a alleging asking dowry. Now minds would have turned criminal, as matter of legal rightu can go n stay with ur husband via PWDVA 2005, by asking protection orders, and magistrate will place you by way of instructing police to drop u there. But once police are gone anything might happen.they ie ur husband and inlaws might try to kill you coz u filed criminal complaint against them. So it is better that you first take back your 125, 498a and then involve your parents n do panchayat regarding you going back. Like that you will be safe. And no harm to anyone. Simplgif u try to use legal force, it will backfire. Already your marriage is over,fall to in-laws feet, lick your husbands feet n ask for forgiveness. Without which you may just have to find new bakra to play with, again which is no less a herculean task keeping in mind nobody will remarry a 498a wife which you've already become.

sir yaha pe i think real pic sab ko pata hota hai k kitane aam insaan hi jianko legal sari kalam ka knowledge hai jiske sath jindgi me koe esi ghatna hoti hai to ye sab kalam ka gyan bhi sath me deti hai ??? k ab ye ghatana hone k baad me actual me tumhe ye kalam lagani chahiye ... ye mind me koe aam insaan ke aata hai .??? iske liye lawyers pura degree lekar practice karte hai tab jaake sab kayade ka gyan aata hai .. mere jaisi kitani ladkiya hogi uske dil ko andar hi pata hoga k ye sab apni kahani aap biti ja ke lawyer ko sunate hai aur lawyer uski kahani sun ke jo kalam lagate hai aur uske uapr mukadama chalate hai ... muje samaj nai thi meri situation ek leg operation hua tha . vo bhi pappa ke yaha aur vapis jane ke time pe mother in law n husband kahete hai k. " jwellery sab denge to ghar me ane denge otherwise raho apne baap ke yaha" aur main 3 months tak wait kiya k pati ka phone aayega ya lene aayega par usne sab communication band kar diya fir ja ke poice me sirf complain likhane gae thi aur complain me mere pati ko puch tach me police k sath me misbehave karne par policewale ne vo complain ka FIR fad diya .. jiski main 4 5 months k baad me pura charge samaji k ye sab lawyer ne charge lagaye hai mere aur mere inlaw ke upar sab jo maine apni aapbiti complain me batayi uske behalf me. par maine uske upar itane sare koe charge nai lagane the. mera intension ye tha k muje mere pati ane nai de rahe hai so police k pass me uske liye help mangne gae thi. aur aaj bhi me sab case vapas lene ko ready hu aur sab in laws ke pas smane ja ke mafi mang chuki hu. ek din bhi esa nai maine uparwale se us din aur us baat ko hone k liye mafi na mangi ho.

priya   15 October 2016

Originally posted by : VINEETH
How a man can love a woman who files police case and DV against him falsely.. Without thinking about the future of themselves and thier children they just want to win thier ego... They listen to stupid advice of her parents or relatives than the husbands....your case should be a lesson to all woman who try to threten husband with law.. I am also a such husband.

vineeth ji ek ladaki muje nai lagata apne maa baap rishtedar frnds sab ko chod ke apna ego satisty karne aur ladane jagadne ke liye shadi kar ke apne sasural aati hai aur ha tali kabhi ek hath se nai bajati har ek reaction ke piche koe action hota hai maine yaha pe ye chiz hue hai aur uska solution manga hai na ki critisese kare kyuki batane ko mere pati ke hajar evidence hai aur inlaws ke bhi jisme unhone mujse verbally aur chat me sab jagaha jwellery n cash demand kiya hai aur ek leg damage hone k bad me bahana kar ke muje choda hai par aap kisi ki reality jane bagair kisi ke bare me koe conclusion pe nahi ana chahiye me apne pati ke aur inlaw ke bare me kuch bura nai bolana chahti thi kyuki  MUJE APANA GHAR TODANA NAI HAI JAISA HAI MERA PATI HAI USKE HI GHAR JANA HAI TO KYU BURA BOLANA . aur ha jab woman ke bare me bolana suru kiya to man ki reality kya hai vo muje aap sab ke samne batani jaruri bani. k kaise ek janavar dudh dena band kar de to gwala usko chod deta hai vaise ek pair damage hone k baad me mere pati ne muje chodne ke liye sari jwellery jo muje shadi me gift hue thi sab mangna aur usi condition me ghar me entery denge ye baat suru kiya ye asal chahera hai samane lana pada.

priya   15 October 2016

thank your for all knowledgable lawyers who reply me and give me way to enter in my home ... maine ye purush pradhan desh me rahene ka ahesaas tab hota hai k jaha pe sab purush ko ye baat khatak rahi hai k dahej case jutha kar ke ladake aur sasural valo ko fasane ke liye 498a ka misuse ho raha hai .. main manati hu aaj bahot sare false case ho rahe hai ... aur sirf case hi kiye hai kya muje koe batayega k ye case me kitane purush ko saja hue aur in law aur pati jail gaye ??? aur kya muje koe ye batayega k ye kanoon banane k baad  aa tak kitani aurato ko dahej ki lalaj me mar diya ya jalaya gaya ese kitane case hue ??? aaurate ye dahej k lalach jo sasural valo ki aur pati ki sadiyo se chali aa rahi hai usme mar miti hai is liye ye 498a ka kanoon bana hai ... kuch ladakiyo ne misuse kar ke pati par case kar diya itana hallla ho raha hai jo aurate pati aur sasural valo ki lalach ka sikar ban ke apni jaan gava di ye fig. kyu nai nikalte kyu ispe koe itana serious nai hota hai ??? kyuki aurate atyachar sahan karne k liye hi bani hai aur ye purush pradhan desh hai is liye ??? aur purush ke upar jutha casehua to duniya lut gyi pati us patni ko pyar kaise karega ?? paise k liye aur property k liye case kiya hai ??? ye sab already jo aurat pati ki choodi hue hai ese aarop dekar aur hurt kiya jata hai ....yaha kisi ko mere msg me kahi ye nai dikha k maine uske paas rahena hai esi main baat kiya hai ...paise mangne vali aurate sath me rahene ka solution ki help nai mangti hai lawyer saheb... aap un aurato me hume count na kare 2.5 yrs se case chal raha hai ek rs. bhi nai liya main har baar uske paas jane ki baat karti hu. muje uske sath me rahena hai uske paise k liye nai kiya hai. maine saaf likha hai k MAINE YE NAI KARNA THA JO HO GYA HAI NA HI MERA YE INTESION THA. aap muje mere pati ke ghar me enter kaise ho sakti hu uska rasta dikhaye . kyuki jo ho chuka hai usko badal nai sakte pls.

Sachin (N.A)     15 October 2016

You tried to send your in laws to jail now blaming lawyers for that who was paying fees of lawyer file the case against lawyer and your parents to provoke you for false case.

 

You are still trying to cheat your husband 

MUJE APANA GHAR TODANA NAI HAI JAISA HAI MERA PATI HAI USKE HI GHAR JANA HAI TO KYU BURA BOLANA ."

 

Why don't you call your husband to your parental house?

Why you havn't tell the court that your case is fake?

First prove your husband and inlaws innocent then proceed further.

innocenthusband   15 October 2016

Originally posted by : priya
aap muje mere pati ke ghar me enter kaise ho sakti hu uska rasta dikhaye . 

 

 

 

1 Like

(Guest)
@, Quest, 1. Never encourage begging/beggars. Be spinsters but never bow down to dowry demand. 2. Once you marry never go to police station, no matter what the circumstances. 3. If husband n his parents asked dowry, resign from wife post. 4. Once you know you don't have any value in their lives, don't go back. 5. Never put blame on lawyers/advocate, it is finally You who signed and not the advocate or police. So never say advocate fooled you. You were very much aware of what you were doing. Now that you are in problems you feel like going back. Whoever is at fault, once matters are worsened it's better not to return to same people, your life will be hell. There are scores of women like u who in heat of moment gave police complaint against husband and in-laws. Now they all don't live peaceful married life. Simply they roam courts, can't pay fees to advocate and have to oblige s*xual favours etc Now game over. In future. Have patience. Have patience. Have patience.

anil   16 October 2016

kuch billeeyaan (CATS) sow chuhey (RATS) kha k haj karney jati hai ,  pata nahi kaha kaha black paint dewaro par lagaya hoga itney years me, 

naveen (business)     16 October 2016

Hi Sachin, Can u plz provide link of above judgment or the judgment copy details. So that it will b helpful to many sufferers.

Sachin (N.A)     16 October 2016

Dear naveen

Which judgement???????

Nitish Banka (lawyer)     31 March 2018

Posted by: Nitish Banka  Categories: Uncategorized 
 

 

Quash 498a -Vague allegations in Fir The case of 498a can be quashed when there are vague the allegations in the FIR. A FIR is a first document on which whole investigation and chargesheet is based.

Image result for 498a quash

 

A FIR is bible for getting evidence and eventually to secure conviction of an accused based on the evidence, therefore a FIR must contain all the material facts related to an offence. It also must contain all the specific ingredient needed for satisfying an offence and material through which investigation may proceed. if a FIR misses material facts then it is a vague FIR which can be quashed by invoking the jurisdiction of 482 CrPC. Image result for 498a quash Some believe that if a FIR satisfies the ingredients of an offence it is not the case for being fit for quashing but this preposition is untrue under the light of the judgement In R.P. Kapur v. State of Punjab (AIR 1960 SC 866) the apex Court summarized some categories of cases where inherent power can, and should be exercised to quash the proceedings. (i) where it manifestly appears that there is a legal bar against the institution or continuance e.g. want of sanction; ii) where the allegations in the first information report or complaint taken at its face value and accepted in their entirety do not constitute the offence alleged; (iii) where the allegations constitute an offence, but there is no legal evidence adduced or the evidence adduced clearly or manifestly fails to prove the charge. so lack of evidence is another ground for quashing proceedings. A FIR containing quite vague, general and sweeping, specifying no instances of criminal conduct can be quashed even if the FIR constitutes and satisfy the ingredients of an offence. It is held in Vishalbhai Niranjanbhai Adatiya … vs State Of Gujarat & on 9 December 2015 It is a matter of common experience that most of these complaints under section 498A IPC are filed in the heat of the moment over trivial issues without proper deliberations. We come across a large number of such complaints which are not even bona fide and are filed with oblique motive. At the same time, rapid increase in the number of genuine cases of dowry harassment are also a matter of serious concern.

Regards,

Advocate Nitish Banka

(Practicing in Supreme Court of India)

nitish@lexspeak.in

 

lakshmi   01 April 2018

Dont worry about others' comments. I went through the same you went through. You need not defend yourselves for filing cases on your so called husband or in-laws. Its your constitutional right i.e., right to justice. As a citizen of India, if any crime happens you need to report it . I very well remember studying in civics during my school days that all citizens are entitled to consitutional remedies. That said, you have only opted for legal remedy, you have not done any crime. No court can stop you from staying in the same shared household as that of your legally wedded husband. If he doesnot allow to live with him then he is committing domestic violence on you. You need not suffer for the misdeeds of your husband. You dont need to ask for permission from anyone in this world to go to your own home. Right now, pack your bags and go directly to his home and enter. If he doesnt allow, visit local protection officer and ask her to accompany you. Afterall domestic violence is a state issue, not just your personal issue and every public officer is at obligation to save you. Dont worry about people criminally initimidating you. I am proud of south women who dont give a damn and courageously face those husband and in-laws and take over their rights. You have right to residence and its a "RIGHT" and you need to give up your right for anyone. All the best!!!!! 

lakshmi   01 April 2018

Please message me your number and all women who are at the threat of thrown out of matrimonial home will unite and fight against those culprits. If he directly says he is not living with u because u filed case against him and u filing cases is the only reason for him to file divorce then his divorce will be cancelled as you taking constitutional remedy is not cruelty.


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