MyNation Foundation Forum » Advice » 498A

case status-498a

(130 posts)
  1. rekha_s
    Member

    wants to know what happens if the 498A is filed and complainant leaves the jurisdiction immediately due to fear and no support (to stay with her parents in different state.) if she wants to fight back how will she get the case number after 3 years. can a husband try to quash the case in the absence of wife? during this period(3 years) husband tries to show he wants to reconcile by taking a house and trial period.? meantime consent terms is filed in the court with terms of reconcilation and also divorce in case the reconciliation fails. 6months period is given to buy a house and condition that the same house will be retained as permanent alimony in case the trail period fails. but he does not buy a house and trial period also does not happen. my question is whether it is some sort of stategy to quash the 498a by showing that reconciliation is in process. what should be counter action.

    Posted 6 years ago #
  2. Dr.Dsouza
    Member

    Why complainant leaves the jurisdiction immediately unless she filled False case ?
    Husband has right to defend and go for quash, as she proves herself that she filled false case leaving the jurisdiction.
    Women will not get any Alimony who leave herslef sitting cruelty, as filling false case itself is a cruelty on husband find judgement here http://mynation.net/docs/sitemap/

    and dont forget to read what happens to legal Terrorist who file File flase case on her husband here http://mynation.net/abio/fate-2/

    BEST OF LUCK

    Posted 6 years ago #
  3. rekha_s
    Member

    what if it is not a false case and have sufficiant evidence/witness to prove cruelity. can she not leave jurisdiction for emotional support after informing police. what if she does not have place to stay and has a infant. what if she is in constant fear of child being taken away. what if she has health problem and needs care and attention. and want to be with her near and dears. how can you conclude she is cruel. without knowing the actual facts. my question still remains unanwered

    Posted 6 years ago #
  4. Dr.Dsouza
    Member

    If its not False then Law will do the justice. She is Bold enough to file the case why she fear for anything.
    Child is not her Property Child Father has equal right too and child should growup in care / love of both parents, if you deny that then you are harassing father of the Child, and you deny Childs right to be with her Father.
    Court will not liten to Sob stories of health problem, you have to prove it to them.
    it is not we term it as FALSE case as per study report says 98% cases are False. it is your own kind dug your grave.coz majority women file flase cases only.
    now its your turn to prove its not False case. and thats not so easy

    Posted 6 years ago #
  5. rekha_s
    Member

    child is not a property first of all.for child development and upbringing both parents should live in harmony. he or she needs both parents. there will be normal wear and tear marriage. there should be compromise from both sides especially when there is a child. what if infant is abducted by father alongwith child's passport. true or false of the case is ascertained by evidence and witness. what if there is no sufficient evidence and witness to prove. from this 98% how many will be such cases. what will happen to fate of oppressed women then? my question is still unanswered- any lawyers please help

    Posted 6 years ago #
  6. Rekha, just give it a thought,

    If a woman is really oppressed would she go back and stay with the hubby and settle with conditions like "house is given as alimony" in case the marriage fails again ? In my opinion, a really oppressed woman would instead not live with him at all and would want divorce.

    Anyway, you would not find many lawyers on this forum ....

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    Those that have so much power over others as to be able to oppress them have seldom so much over themselves as not to oppress. --Matthew Henry
    Posted 6 years ago #
  7. rekha_s
    Member

    if it was only oppressed woman and not oppressed mother it would have been a easy decision to go for divorce.

    Posted 6 years ago #
  8. Dr.Dsouza
    Member

    Thats what i wrote CHILD IS NOT YOUR PROPERTY to keep her/him with you aginst child wish and husband wish.still saying CHILD NEED BOTH PARENTS.
    After filling 498a what compromise you are expecting. You fillied it TRUE or FALSE because you were not ready to compromise.
    Those who really want to make their marriage work, they do not go to Police, whatever the reasons may be.
    Uou are talking about CHILD ABDUCTION but you kept child for ransom to bargain alimony, thats why you affraid that child may be taken away.
    If anyone file FALSE case then only they dont have sufficient evidence to prove it. OR your husband has more proofs to prove your cruelty.
    Now why do you want to quash 498A ?
    if you were subjected to cruelty and dowry demand prove it, coz filling 498A is one way to DIVORCE only.
    You cannt withdraw as you wish, its non compoundable.
    You can ask judge, you are in no position to continue with the case, then move joint petition to dismiss.
    If your husband dont agree then you are STUCK

    Posted 6 years ago #
  9. Dr.Dsouza
    Member

    so you filled 498a to get easy Divorce...?
    then you have read this
    http://supari.org/free-divorce/

    Posted 6 years ago #
  10. rekha_s
    Member

    you are wrong. i have no intention of quashing 498A as he is still cruel. if he loves the child he will definately give maintenance. child knows only luv & toys. infant/child below 5 years needs care and affection of mother more than father. access was never denied to the father.

    Posted 6 years ago #
  11. Dr.Dsouza
    Member

    I said He can quash but You cannt.
    Why he has to give maintenance ? when he is not getting child to play and spend some quality time with Child ?
    same i wrote earlier You kept the Child on ransom, to get maintenance as Child Support.
    All women say access was never denied, sitting at your mother home knowing he will not come there.

    If you really want to solve this Problem, our members can help you.
    but you have to withdraw your 498a unconditionaly and he will not charge you for damage/defamation if any or paying him whatever money he spend countering 498a for last 3 years.
    Unconditional Divorce without any maitenance but he will pay half of the child support on condition that on weekend he will get child.

    if yea LET US KNOW.

    Posted 6 years ago #
  12. rekha_s
    Member

    this man is in a very good position in a MNC. so it should be a problem of giving even 5k to 10k for childs expenses if he really want to give the child decent life.

    this man is caught in a indecent act with the adolecent child(minor). immediately shifts to his mothers place with all his belonging, files for divorce and child custody. does not attend marraige counsellors session till notice is sent. abducts the infant with the passport. then wife files 498a.

    wife is not sitting in her mother home nor this man is scared to come there. he is being given access. the child is being raised with all the respect for the father.

    grave is a final destination for all. digging once own grave or husbands grave will not do any better to the child life.

    anyway i am in a wrong forum. thanks for offering me help

    Posted 6 years ago #

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