• Wife file 498a case

Hi friends me and my wife were married 2.5 years in hyderabad. Our marriage was love marraige as we were in relation since 7 years before our marraige. After 1 year of our marraige we moved abroad for better future . I applied student visa for my wife and I went as her dependent we stayed there for 1 years 3 months . She used to constantly quarrel with me as she doesn't want me to look after my elder parents as I didn't listen to her words she used to fight with me and in this year may 2017 she came to india and filed 498a 3&4 dp act and 506 case on me and my family and I was arrested ad got bail later and my family member got ab bail. After filing case on me and sendin me to jail she fled to abroad to continue with her studies and cancelled my dependent visa. I need your suggestion on how to bring back my wife to india by filing counter cases on her as she ruined my career i wanted to take revenge on her I want her to experience the same agony which I an experiencing now. Thanks in advance.
Asked 7 years ago in Criminal Law
Religion: Hindu

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7 Answers

1) file complaint of criminal defamation against her under section 500 of IPC for malinging your reputation

2) file for divorce on grounds of mental cruelty

3) wife making false allegations against husband amounts to mental cruelty

4) wife forcing husband to stay separate from his parents amounts to mental cruelty

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

1.We Can not advise filing any false cases if no such events occurred.

2.If However she tortured you or your parents including speardrumour agaisnt your family then you can file defamation cases of both civil and criminal nature.

3.Your Mother can also file domestic violence cases since her for tortured if any done to her.

4. if you wish you can apply for fresh visa and go to abroad.The 498A case is no absolute bar to go and work in abroad.

Devajyoti Barman
Advocate, Kolkata
23198 Answers
510 Consultations

1. If your wife does not want to be with you then no court can force her to be with you. No counter case can get you your wife if she has no intention to cohabit with you.

2. Since 498A has been filed you should contest it fittingly, and if you are exonerated by the court then you may launch her criminal prosecution for defamation.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

Hii, unfortunately the women's have been misusing the Indian law by taking advantage of their feminism.. However Supreme Court has passed strict guidelines that not to register FIR until detailed investigation is not done..... You can file for the quashing of FIR in the high court.. 2) you can file a case of defamation against your wife ..

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

File a petition for restitution of conjugal rights under section 9 of the Hindu Marriage Act before the Family Court.

She'll be required to appear before the Court once the notice is issued and received to her

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

if she has not applied for divorce then you can file a case for restitution of conjugal rights to bring her back to your home. Sorry to say but there are no such penal provisions which can be imposed on her.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

You can lodge a criminal complaint agaisnt her if she has cheated you by taking away your money or property for the offences of theft also.

You cannot file any counter case other than this

In any case, you cannot bring her back to India even by filing any criminal or civil case.

Extradition is very long process and may take years to approach proper authority and extradition will become impossible for matrimonial disputes.

You can file a divorce case and can get an exparte decision in yor favor if she is not turning up to the court to participate in the divorce case.

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

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