MyNation Foundation Forum » Advice » 498A

498 A against Physically Handicapped person

(8 posts)
  1. Sajith
    Member

    i am a physically handicapped man.am also a govt employee.job got on basis of my disablity(PH reservation.)my wife and her family have given a 498 A petion against me and my mother(she is a widow).her allegation is, we mentally harrased her in several time.(fo making evidence she try to suicide attempt).Actually she dislike me due to my disablity(45% dislity in both legs).he father compelled to indulge thise marriage.tehn she admit this marriage.W e have got anticipatory bail from Session court, Now case is running in First class magistrate court.In their complaint There is no any allegation regarding dowry and physical harasment only mentioned mental harssment.As i am aphysically handicapped person,May i get any previlage?I dont have any other income to need live other than my job.She mis used this law againsta poor physically handicapped man and his widow mother.Actully i am a victim of her harrassment.we are suffering alot......requst your comment

    Posted 6 years ago #
  2. Dr.Dsouza
    Member

    Let us know what she wrote about mental harassment; as some of the judgments says daily TUTU-MEME of marital life is not mental harassment. refer here http://mynation.net/docs/sitemap/

    Posted 6 years ago #
  3. Sajith
    Member

    her complaints toward us are as follows,
    we always told like
    she is not good looking,she is too short(this allegation is absolutely wrong because i have only 5 inch height and a handicapped person and she having about 5 inch height she is school teacher).This is her main allegation .she also said one night i scolded her alot,like i may be get better rlation than her and her family cheated........that is why she tryed to attemt suicide,actually i never scolded her.She is a school teacher and she has erning.she hided this mattera from Panchayath authority, and recived un employment allowance from ther.I know this matter only after seeing reciept book from her bag.This is absolutely a wrong thing becuse this allowance is not eligible to her.because she is a teacher and her husband is a employee.in that night i adviced her,. as its is a punishibale.she did not admit her fault and insulted me. this is the real truth. ...she and her sisters husband given petition against me and my mother.about 2 year case is pending with magistrate court

    Posted 6 years ago #
  4. Adv.Kachave
    Moderator

    You may challange the said case u/s482 of Cr.P.C in Highcourt & you file divorce case & get free.
    http://www.jaihindlegal.com

    Adv.Ramchandra N.Kachave
    98, 2nd floor, Esplanade Mansion,Kala Ghoda, Near City Civil Sessions Court,
    Mumbai-4000023
    Posted 6 years ago #
  5. Sajith
    Member

    Sir, but criminal case 498 A and domestic violence against my entire family are pending with FJMC.Then how i can i file diverse petition
    As a iam a physically handicapped, may i get any previlage from court.My diasablity cirtificate from Medical board has submitted in Court
    request advice

    Posted 6 years ago #
  6. Dr.Dsouza
    Member

    crpc 482. Saying of inherent powers of High Court:- Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.

    i dont think you will get any previlages aginst women case

    Posted 6 years ago #
  7. Sajith
    Member

    ok sir

    Posted 6 years ago #
  8. Sajith
    Member

    Dear Adv.kachave, what is your openion about the above remarks

    Posted 6 years ago #

RSS feed for this topic

Reply

You must log in to post.