Hello,
File a petition for quashing of the FIR u/s 498A. Alongwitht the same pursue your complaint that must have been filed by you.
If you wish then file a case for divorce on the said ground.
Regards
Wife filed false 498a against my complaint on beating me
My wife is not interested in supporting / staying with my aged parents (70 and 65 years ) respectively. My elder brother suffered a paralysis stroke last year and he has got his own problems with his wife after the stroke. So he cannot support. Now i should be the one who has to take care. And last year i suggested that next school year onwards we will shift to my parents house and whether to support or not it's up to her wish i said. She fought with me for almost 8 months to stop that happening. But i didn't listened so her decision was to put kids in a school near to her parents house, i have to help her in ways she can find a job, so that she can work and stay with Thier parents and i lost my job in feb2017(software)so i said i can give 3000 per month in case if she doesn't fight with my parents she agreed and she is staying with Thier parents since 8 months. She along with my two kids used to come on weekends and go back as we are from same locality. Last Saturday she came and had a Tiff with my mother on small issue of removing my plate after having dinner. I said if your intention is to fight don't come i will give money as we agreed. But she kept arguing till 12 am and packed her clothes and said she will not come again. I said i will drop her at her home , she refused and said promise on kids if you come out. Then she went to lane and created scene saying i thrown her out at this time with kids and she said she will complain to police. I went to her parents and took them along with me and asked them to take her. Initially she didn't listened and later they took her along with them. I said am ready to come to police station as i did nothing wrong. They said she is not well we will talk once she recovers. Next day suddenly my wife came around 3pm and sat in sofa. I asked her don't you feel shame for creating such big scene last night and again coming back. She asked me if i want her to come back or not. I said you can come anytime provided your intention is not to fight. She started calling somebody and informing what i just said. So i called my in-law and asked whats happening he said we will talk you come to my house. I didn't suspect and went alone there around 5-7 people standing beside the main gate i thought may be nieghbours . Once i parked my scooter 3 people who are their uncle's one of them being lawyer suddenly attacked and beaten heavily in the chest , stomach and on face .i some how escaped running but was chased down twice and beaten thrice by heavily drunk 7 goons in total, before i reach police station. As i was running it took some time reach police station meanwhile i called twice while i was chased down. Before i reached my wife along with uncle went to police and started complaining on 498a. I said Iam feeling pain in chest so send me for medical check-up and slight fracture observed in chest(mlc). So i raised a attempt to murder petition.please suggest how to proceed , i have WhatsApp chat on what we agreed.
Asked 8 years ago in Family Law
Religion: Hindu
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Got married in 2008, love marriage, not even single paise i took as dowry. My family wife 31, son 9 and daughter 7 respectively. My parents aged 70 and 65 who are suffering medical ailments cannot lead Thier life independently. So they need physical help in getting things done. My mother had knee replacement six years back and suffering with backpain and other knee joint issue. My father suffering with cervical mylomaelacia and couldn't able to walk at this point of time. And he has to do all biological activities in bed itself. Instead feeling for them wife is keep on quarrelling for all ignorable petty issues like sweeping or cleaning room etc. My mother due to age and heavy dose of pain killers she keep on saying something. I suggested my wife to ignore but she never listens. And threatens to file false dowry, harrasment, 498a, dv, etc on me and my parents. I went through all this mental trauma for 9 years and i can't take it anymore and have to support my parents. Please help me on what grounds i can file a divorce or fight against this false allegations.
Asked 8 years ago
Hon’ble SC has held that if the wife refuses to remain with the ailing parents then that amounts to cruelty and the divorce can be filed on the said ground alone.
Regards
File a criminal complaint against your in-laws and all others who have beaten you up,
Include your wife in 120B,
File divorce petition on that basis,
Also file and application from your parents side against your wife under defamation,
She also get yourself Evicted from your parents property (that will only be a physical record,will not effect your love and affection for your parents)
This will help you to save your assets to be shared with your wife as alimony during divorce.
More details can be explained via another comm. Methods.
Hope I am helpful.
your in laws in collusion with your wife had hired local goondas to beat you
2) in your complaint mention that you were brutally assaulted on chest , stomach and face by 3 persons duly instigated by your wife and in laws
3) further on your way to police station 7 goondas assaulted you who were hired by your in laws and wife
4) rely upon your medical report as to nature of injuries suffered by you
5) file for divorce on grounds of mental cruelty
file for divorce on grounds of mental cruelty
2) wife abusing husband and in laws amounts to mental cruelty
3) wife levying false allegations on husband amounts to mental cruelty
also seek custody of your children in your divorce petition
Dear Querist
Immediately file a divorce case against her before the family court of area under section 13(1)(ia) of Hindu Marriage Act-1955 if both of you are Hindu and the marriage was solemnized as per Hindu law.
if the FIR has been registered under section 498A of IPC against you and your parents then no need to worry, now a days the arresting in the dowry demand cases are very less but for the safty and precaution you may apply for anticipatory Bail before the session Court or High Court U/s 438 of Cr.P.C. and then fight the case on merit.
You may also file a criminal case against them for attempt of Murder before the police and if police is not going to registered your case then approach to the senior police official of area and if the senior officials are also not taken any action on your complaint then file a criminal complaint before the Magistrate U/s 156(3) of Criminal Procedure code-1973 for registration of FIR.
Feel Free to Call
Lodge petition against the goons who assaulted you and against your in-laws and wife, for they are responsible for abetting the offence Committed against you. If your FIR is not lodged, move a private Complaints before the Magistrate under section 156(3) crpc.
Challenge the 498a case lodged against you in a petition before the High Court.
This ground itself is sufficient for obtaining divorce, that your wife is forcing you abandon and desert your parents and is compelling you to live separately with her.
1.Whatever happends are all crimefor which you can lodge complaint with police.
2. If police does not register FIR you can file case in the court of magistrate u/s 156(3) crpc .
3.if there is involvement of your wife you can mention her name also.
4.After what happened with you if there is involvement of your wife then it is not at all conducive to live with her at all and hence it is advisable to give her divorce.
5.if she doesn't agree on mutual divorce then file contested divorce suit.
Hi, lodge a police complaint of 326, 506 IPC, against your in laws and wife .. Also get the medical check up done .. Of the MLC has a injury they cannot escape the conviction ..
Sir, firstly there is no automatic arrest in 498A case as per the new order of Supreme court.
2. Secondly please file a FIR in the police station and if they refuse then you could approach the Commissioner .
3. Thirdly in order to file a DV case you need to stay together. Now since you both are separated, there is no case of DV.
4. Pls file a case for custody of your children.
5. Trying to separate a son from his ailing father is a ground of cruelty and a reason for divorce as per new Supreme court rule.
Hope my reply helps you.
I pity upon your pathetic situation. As a wife she should support your parents at this fag end of their life. But she is not realising her responsibility. Apart from that she appears to be criminal in nature, as she engaged goons and Advocates against you to beat you. Your case is very complicated. One side your parents are not well and another side your wife is creating nuisance. Normally any person will get frustrated. Since I am having NGO, I will give advises to the people in need. Since you are also resident of Hyderabad, you can contact me at my Office at L.B.Nagar Office through Kaanoo.com. I will advise you how to solve your problems.
You should not withdraw the complaint against all those goons and her uncle who assaulted you.
You secure the medical records and approach the higher police officer if the local police are not cooperating or not initiating proper legal action.
You can challenge her false 498a Case properly in the trial proceedings.
You can first obtain AB on this.
I went through all this mental trauma for 9 years and i can't take it anymore and have to support my parents.
Please help me on what grounds i can file a divorce or fight against this false allegations.
You may file a contested divorce case against her on the grounds of mental an physical cruelty.
The physical cruelty is agaisnt the hiring of goons to assault you.
You have to fight back on the grounds of documentary evidences in your side and the merits.