• Dowry and Harassment

Hello, my marriage was taken place in 2016 in Gujarat and my wife belongs to rajasthan and she stays with me for 2 months and then for a small issue between me n my wife, my wife left my place and after 6 months she file 498a and 406 against me n my parents and we have visited CAW cell and there she denied to stay with me then i was ask to return stridhan n I agreed on that but when I hv gone for returning stridhan she has not come to take and her father ask for 17 lakhs for settlement  n I denied and police person told me to take back stridhan & the complaint was close After a month through magistrate they reopen the case and then she tell that she want to come and I too agreed and bring her back in July 2017
After staying properly for a month, after that she started harassing me n my family . And due to her harassment in October my mother has attempted suicide ( ingestion of pesticide) and she was admitted in hospital in emergency for 5 days and know she is better but living life with lack of weakness. A police case was register but we have not taken my wife name.
I have taken outgoing call details of my wife from this I came to know that she was having more than a friendship like relationship with a married man. When I check her call details for may, June and  july 2017( during this period she was not staying with me she has put 498 a and 406)  I got a number whom she talk daily. But after coming to my place in SEp she won't have any call contact with that person, but when she goes to rajasthan at her father place she have call contact with that person. I have check their wassup message which were not normal.  And I tried to talk to my wife about this matter but she said she has nothing and I am bluffing but when I show her call detail then she said it was her colleague.
After 4 months of reconciliation when my wife was at her father's place I have gone there and try to understand her leave all thing and we will start new lyf but she has not ans me then I said Better leave me. After one month of separation she has done a complaint in woman welfare organisation and lok adalat person call me for compromise but i have not gone,  After a month in starting of march2018  i have got a call from mahilla thane that again a case is register by your wife on me n my parents . i.e 498a and 406 and he said me to come down to mahilla thane with all her gold ornaments and i have not gone . so know how can I save my family from her Harassment.
Can i apply for divorce on the basis of cruelty.
If i apply for divorce can she ask for maintenance as such she was earning 40,000 per month before coming to my place when she has file 498a on me.
can my cruelty case can be transfer to rajasthan if she claim for transfer,
what about 498a and 406 do i have to visit agian mahilla thane again how can i get rid.
Asked 11 days ago in Family Law from Surat, Gujarat
Religion: Hindu
Yes you can file a divorce on ground of cruelty also if have there chat records hotel bills or any together stay phone details with that man you can also file on ground of Adultry by your wife.

Also for the 498a the SC has given guidelines that there shall be no arrest without family welfare committee. Also you can seek a AB if you fear arrest. And file for quashing of fir as it false and is to harass you. Also a false cases of 498a amounts to cruelty.
Please don't refrain from going to thana you should and file cross complaint saying your wife is harassing threatenimg by filing vicious complaints.
Shubham Jhajharia
Advocate, Ahmedabad
1034 Answers
2 Consultations

5.0 on 5.0

Yes by filing a transfer petition on SC she can seek transfer of case to rajasthan  But in a recent order, it put its foot down saying the concession would not be given to wives for shifting of trial of dowry harassment cases filed by them under Section 498A of Indian Penal Code against husbands and their relatives.

So here petition may not succeed but she can file.for transfer.
Shubham Jhajharia
Advocate, Ahmedabad
1034 Answers
2 Consultations

5.0 on 5.0

Suggestions to fight 498A

498A is rich men’s game. Start not to love money. Money will invariably go. Don’t be depressed seeing you’re hard earned money go. Think in your mind that your life is saved in exchange of some money. Think of it as cancer engulfing some part of your body and you are spending money to save your body part. 498A will make you stronger and you will earn more money in future. Think of police, lawyers and middlemen as parasites on affected part of your body. When part of your body gets cured these parasites will automatically disappear. 

There is no single remedy for all cases of 498A and its associated ones. Learn from internet and take your own decisions using your commonsense. The women know that they have done wrong. After 498A a man becomes free but a woman is gripped in so many hassles. Her family becomes untouchable. It becomes very hard to conduct marriage in her family. She is virtually socially boycotted. In earlier days people used to think that it was fault of men. But nowadays almost everybody knows that 498A is done for revenge, extortion, extra marital, not getting physically satisfied from hubby and to get rid of hubby. Don’t bother for society. Society is with you.

Doing 498A by a woman is not easy. She needs extra external support to conduct and continue it. This extra support comes from her maternal family or some boyfriend. Woman does not do 498A on one fine morning. There is always a matrimonial dispute beforehand. You can sense the wrath of wife beforehand. Warning is almost always given before executing 498A. Don’t take the warning lightly. Start doing your preparations. Start separating your assets. It is a good practice not to share your assets with your wife.
Maybe your own relatives corner from you. Believe me “498A 498A bhai bhai”. A 498A victim has always a soft corner for another 498A victim. Share your thoughts. Do a lots of blogging. Get experience from other 498A victims. These experiences help a lot. SIF had warned me that if I go home I might face 307 (Attempt to murder). I disregarded them and went home and faced 307 and was in custody.
Man is shy of himself and not from others. When I was roped like criminals and one rope traversed around 10 people knotted on the trunk I was not ashamed because I did not do any wrong. I kept eye contact with people who looked upon me. I found myself to be a stronger person.
Try to escape custody at any cost but don’t fear from it. If it comes face it. There were millions of people who faced custody. These are lock ups and not concentration camps. Everybody in police knows that you are not at fault. Behave properly with them. They will not harm you. They are human beings. They have sympathy with you but they may be corrupted. They will try to extract money from you. Condition of police lockups, jails, courts and related system are more or less same all over country. This system was designed by British for their own purpose of ruling rest of the world. We have adopted that system. In this system the representatives of rulers are never wrong. Even if a wrong judgment is passed a judge is never penalized. A police officer is never punished unless he does homicide. Lawyers fight for wrong causes. Public prosecutors routinely demands custody for victims. Police always demand police custody. You are the prey. They will feed upon you. Courts are business houses and lawyers, judges, brokers, public prosecutors are the agents and you are the customer. In our country anybody can trap anybody to face custody. If you have money power and you know how to use it you can very well save yourself. Poor has to face custody.
Ganesh Kadam
Advocate, Pune
1364 Answers
6 Consultations

4.9 on 5.0

1) you have to apply for and obtain AB in sessions court in 498A/ 406 case

2)you must return the jewelllery in your possession 

3)you can file for divorce on grounds of mental cruelty

4) if there is substantial differences in your income wife would be entitled to maintenance 

5) refuse to pay Rs 17 lakhs demanded by wife 
Ajay Sethi
Advocate, Mumbai
42661 Answers
2459 Consultations

5.0 on 5.0

1. Yes the atrocities done far against you are all good grounds for divorce for which you can file a suit for divorce.However since such suit if contested by yout wife takes time it is advisable that you settle the dispute amicably with your wife and go for mutual divorce.
2. The false case under section 498A IPC is another ground for getting divorce once you come out acquitted.
3. Divorce suit nowadays does not get transferred at the option of the wife though she is likely to make such try.
4. Take bail so you need not visit thana again.
Devajyoti Barman
Advocate, Kolkata
11962 Answers
153 Consultations

5.0 on 5.0

Please file a case for divorce under Sec 13(1)(a) of Hindu marriage act on basis of cruelty. In evidence produce earlier FIR that was closed and also if you have records of her extra affair. In meanwhile if New 498a case is registered in.some police station better get anticipatory bail from.local jurisdiction . Order for maintenance of wives, children and parents.
(1) If any person having sufficient means neglects or refuses to maintain-
(a) his wife, unable to maintain herself, or
(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or
1. Subs. by Act 45 of 1978, s. 12, for" Chief Judicial Magistrate" (w. e. f, 18- 12- 1978 ).
(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or
(d) his father or mother, unable to maintain himself or herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate not exceeding five hundred rupees in the whole, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct: Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means. Explanation.- For the purposes of this Chapter,sessions court of that district. In that also mention that your wife has habit of filing false case and rely on earlier FIR to get anticipatory bail. 
Secondly if.she has to get divorce case transferred from your state to her state she needs to approach supreme court.
Regarding maintenance if she is educated and was working you may not have to pay her maintenance for life but she can claim litigation expenses under.Sec 24 of Hindu Marriage act
Swarnarka Chowdhury
Advocate, Mysore
610 Answers

5.0 on 5.0

1. If you have got the notice from mahila than then apply for anticipatory bail forthwith so that you do not have to suffer arrest and detention.

2. You are free to file a petition for divorce on the ground of cruelty at anytime but she can file a transfer petition to get it transferred to her place. The courts ordinarily lean in favour of women in such transfer matters.

3. Apply for AB immediately.
Ashish Davessar
Advocate, Jaipur
22950 Answers
623 Consultations

5.0 on 5.0

The over all situation is that you need to take a final call on this matter to close it for good and it is not worth living with such a person with no back bone.
File a divorce petition and be straight that you want to end up this did. Not taking her name during the attempt of suicide.
Try to go for the mutual concented divorce which will take less time than contested
The first condition you put for the withdrawal of cases to start negotiation.
Vimlesh Prasad Mishra
Advocate, Lucknow
1383 Answers
2 Consultations

4.9 on 5.0

Dear Querist
Immediately file a divorce case against her based on cruelty Under section 13(1)(ia) of Hindu Marriage Act-1955 before the family court of your area where both of you last resided together.

File anticipatory bail before session court or High Court Under Section 438 of Cr.P.C.

fight the case on merit with the help of the Lawyer who deals in matrimonial criminal cases.

Feel Free to call
Nadeem Qureshi
Advocate, New Delhi
4706 Answers
215 Consultations

4.9 on 5.0

Yes you ca apply for divorce on the grounds of mental cruelty.
Yes you need to pay her amount of maintenance, now burden of proof is upon you to prove that she has sufficient earning as per her lifestyle.
It may depends on the balance of convinience of both the parties.
Yes you should attend the hearing at mahila thana/
Laksheyender Kumar
Advocate, Delhi
624 Answers
2 Consultations

4.8 on 5.0

Dear Sir,

First you have to decide whether to apply for divorce or not. You have only broken evidence in respect of adultery and also suicide attempt made by your mother. Instead going for contested divorce try to solve the problem by paying some alimony and go for mutual divorce. Since she is educated person and having earned Rs. 40,000/- per month as such Court may not award much maintenance. There are chances of filing DV case also. Use goodwill of common friends and try to settle the matter as earlier as possible. 
Kishan Dutt Kalaskar
Advocate, Bangalore
1416 Answers
12 Consultations

5.0 on 5.0

If th FIR has been lodged then file a petition in the HC for getting the FIR quahsed, atleast the name of your parents will be removed.

It will be difficult for you to get the case transferred.

Yes you may go ahead and file a case of divorce against your wife on the ground of cruelity.

Anilesh Tewari
Advocate, New Delhi
7690 Answers
94 Consultations

4.9 on 5.0

Yes you can file for Divorce on the ground of cruelty. 
Yes, she can file for maintenance but whether the same will be awarded to her or not depends upon several aspects such as your income, your dependants, your standard of living etc. 
Yes, she can approach the Supreme Court for transfer of your Divorce proceedings to Rajasthan. 
There is no harm in visiting the Mahila Thane if not for anything else than to understand what exactly is going on in your wife's mind.  
Also start recording all conversations that you have with your wife or her family and dont question your wife anymore on the calls as she will become more alert and you won't be able to gather any proof. 
Radhika Mehta
Advocate, Mumbai
51 Answers

Not rated

She has taken the legal terrorism into her hand and abusing the women biased law to avenge you.
It would be better you attend mahila police station, explain everything and give a copy of her previous complaint, if necessary you may even give a statement to this effect.
If they still insist in registering FIR then you may better obtain AB and challenge her in court
T Kalaiselvan
Advocate, Vellore
32718 Answers
355 Consultations

5.0 on 5.0

If she earns court will generally not award maintenance but in some cases earning wife is also granted maintenance.yes she can pray for transfer but you can oppose the same. You don't have to again and again visit. Court visit is enough. Tell them to issue you summons.
Prashant Nayak
Advocate, Greater Mumbai
1291 Answers

4.8 on 5.0

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