MyNation Foundation Forum » Advice » 498A

Case against 498 wife

(6 posts)
  • Started 5 years ago by Final.Battle.Begins
  • Latest reply from Dr.Dsouza
  1. Final.Battle.Begins
    Member

    Hi,

    My 1st 498 was disposed and the verdict was given in our favor. I have one child, and due to pressure from my parents (im also only child of my parents) I again brought her back home. But her nature never changed. Again problems started, she now got a Govt job which made her more aggressive and violent. She started abusing me n parents many occasions she raised hand on me. So finally i decided to quit and since last 8-9 months im and my parents are staying away from her. Then i Filed a case against her under section 504, 506 & 323. She is staying at her job's place. so far my wife has filed many cases against me n my family like 498, 125 (maintenance), before 1st stay period and Chaper case, DV & 2nd 498A after 2nd stay period.

    Now i want to file a criminal case against my wife and her family members for filing false 498, DV, giving false statements etc under section 191, 192,192,193, 196,199,211,503, 504, 506, 323, 324, 383, 384,388, 389, 181 (Im working in PSU, Ministry of defense U/T), 463, 464, 467, 469, 471 and defamation case under section 499, 500.

    In view of these please give me guidance for
    1) against which section can I file the case which will have a definite punishment to her after giving proofs of cruelty?
    2) what are other sections for defamation where we can ask for defamation money reimbursement?
    3) Can i combine both criminal and defamation cases together, if yes what are the clauses to be used?
    4) are there any such cases filed by men? can you give the judgement copies of such counter cases?

    im filing Divorce case in next week against cruelty. pls provide critical expert advice on this.

    Posted 5 years ago #
  2. Dr.Dsouza
    Member

    file for Divorce only after you establish facts of her cruelty and desertion, you can cite false 498a as cruelty againts you.
    find judgment here http://mynation.net/docs/sitemap/
    you can combine if all cases somehow related to each other.
    go through IPC [ http://mynation.net/laws/bare-acts/ipc/ipc.htm ]
    and CrPc [ http://mynation.net/laws/bare-acts/crpc/crpc.htm ]
    and you will find under which section you can charge her, as a Government emplyee she may lose her job or set back in her job, if you file criminal case and win.

    Posted 5 years ago #
  3. Final.Battle.Begins
    Member

    Thanks Mr. Dsouza,
    i was expecting reply from veterans like you, Adv Kachave and few others who are regular users of this biased law. Thanks for your reply. But few things still not clear from your reply.

    --> you advised me to file only divorce case, why? If it is coupled with criminal and defamation together case it will be added advantage for me, isn't it. Is the success rate is low? Whats your opinion.
    --> shall I combine defamation and criminal case together and file. (point 3 above)
    --> please also comment on my 1st and 2nd point above. After going through IPC and CRPC laws only I found these suitable sections. But which of them are really effective in punishing or putting the case on board. My case of 503, 504, 323 is not criminal case and since last 8 months it is trapped in court for various complicated n lengthy procedures.Hence i dont want another case to follow the same suit.
    --> I've already collected many citations about false 498, DV Divorce & 125 cases from mynation.net. But i didn't get any counter case which is filed by men. Are there any such citations? please send me. :) this is required only for boosting my morale in my case :)

    Posted 5 years ago #
  4. Dr.Dsouza
    Member

    We dont promote or advice to file Divorce. i only replied for your last line as you said
    im filing Divorce case in next week against cruelty
    and you also wrote 1st 498a is disposed so use it for your divorce, as filling false case is cruelty on you; find judgment in our DOC section.
    Your cannt file multiple cases on same Ground and you are planning.
    you can combine defamation and criminal case if its on same ground

    what do you mean by counter cases, we have collection of won cases all those are counter cases only.

    Posted 5 years ago #
  5. Final.Battle.Begins
    Member

    Hello sir
    sorry for late reply as i was busy in existing case only. Here by counter case i mean the cases other than divorce, 125, DV or 498 but the case which will make wife as a criminal for filing false case, producing false evidence, etc and punishment against these crimes.such case i could not find. Can you help in this.

    Ok means filing divorce against cruelty and filing criminal case against cruelty both are same.got it.

    Also, for my 2nd 498, which is already registered, can i file for quashing. Im totally unaware of this quashing laws. Can you please elaborate and provide information about procedure and requirements for quashing?

    Posted 5 years ago #
  6. Dr.Dsouza
    Member

    Filing false will help you in getting divorce, if you prove it.
    producing flase evidence also crime,
    find Land mark judgments on this here http://mynation.net/docs/sitemap/
    just read the header and you will know entire detail of the judgments.
    same for quashing 498a also, if its with Police, let them know 1st 498a withdrawn/disposed order and dismiss there itself and if you are going to quash in court then find in same sitemap for 498a quash judgments which filled under 482 crpc or article 21 of Constitution of India,
    Do some home work and read those judgments and you will know more details.

    Posted 5 years ago #

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