• 498a on me

Hi, 

I Stay in Pune, Maharashtra with my Mother.

My wife filed 498a case on me and my mother in June 2013 in Punjab(Jalandhar District court). Now it is almost 4 years and the case is still in the court.
My mother got anitcipatory bail initially and I got the same from Chandigarh High Court later.

My wife is a double graduate. She even filed 125 IPC on me in year 2013. And court decided to pay her monthly maintenance of 5000/-. We don't have any child. 
I've already paid amount of Rs 1 Lakh in court, rest amount is pending.

I've travelled from pune- Jaladhar Pune- Chandigarh multiple times in three years, and somehow managing to save my job.

On Jan 2017 Opposite party lawyer has convinced court to issue warrant against me and my mom after 4 years, and now my lawyer is saying that my mom has to again appear 
in court for her regular bail.
My mothers age is 72, and she is a BP patient and also suffering from joints pain. 

Please advise as I'm living a hell life from last 4 years. Can I file a counter case on opposite party, so that they some pressure can be put on them?
I desparately need to get rid of her without paying a single penny.

Also she has filed for Divorce last year. We had gone through mediation in high court and she asked for paying 9 Lakhs to settle down cases. I've already apent lot of 
money travelling and paying court and lawyer fees.

Regards,
Asked 7 years ago in Family Law
Religion: Hindu

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7 Answers

1) if warrant has been issued against your mother and you both have to appear in court and apply for bail

2) you can file case of defamation against your wife under section 500 of IPC if she has maligned your reputation

3) it is better to arrive at an amicable settlement and on said basis file for quashing in HC of the 498A case

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

File defamation case in Pune to pressurise wife to come to settlement

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

you should file a writ for protection from any coercive order of the court. you have legitimate ground to get such order because it is an abuse of process of court to call a 72 years old lady when she is being on bail.

after passing of such order court cannot pass any warrant till the disposal of the court.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

you should also plea, in the same writ, for expedite hearing of the case because you have been facing too much trouble and mental agony in last 4 years. court shall pass order to dispose off the case within a stipulated time.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

1. Your lawyer is right. If the warrant has been issued then the court will not cancel it unless you are in personal presence before it. So you have to appear before it.

2. On your mother's appearance before the trial court she can move an application for exemption from personal appearance on all future dates.

3. No defamation case is made out unless you are acquitted/discharged by the competent court.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Please advise as I'm living a hell life from last 4 years. Can I file a counter case on opposite party, so that they some pressure can be put on them?

I desparately need to get rid of her without paying a single penny.

Counter case at this stage is not possible and not maintainable.

You can challenge her case properly in the trial court.

Also she has filed for Divorce last year. We had gone through mediation in high court and she asked for paying 9 Lakhs to settle down cases. I've already apent lot of

money travelling and paying court and lawyer fees.

If you want to get rid of her you may arrange for mutual consent divorce and can negotiate the amount so that you will get a permanent relief.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

Also As I stay in Pune and the 498a on me is registered in Punjab, shall I file the defamation case here in Pune or Punjab. I want her to somehow appear in court and put some pressure on her so that they agree for settlement.

What is the grounds that you would like to file a defamation case. You cannot file a defamation case on some false grounds because it may even backfire.

I've gone through so much pain of travelling from one state to another, I want opposite party to experience the same pain. My career growth is hampered. I lost my father because of these cases in 2013.

You try some other means to take revenge on them instead of going legally on the subject because you do not have any ground for this.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

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