• How many times can my wife lodge 498a or other cases

1. My wife filed a false 498a against me just to scare me and make me stay in her parents house  and demanding me heavy maintenance amount as i belong to a respectable family and have never been to police station or courts for any cases. I had 7 counsellings in this case and till now she is forcing me to stay along with her parents which is practically not possible because my parents are physically handicapped and i am the only one to take care of them, now in the previous counselling just because my wife's sister in law filed the same 498a case against her and her family ( my Inlaw family is a very fraud family) now she is coming to mutual understanding to stay with me wherever i keep her. I am married to her from past 3 years and she stayed with me only for 4 months since then, now since her SIL mentioned in her case that my wife is staying with her parents, so my wife wants to escape from her case by mutual understanding with me. But i know since she is agreeing in anger and fear of her SIL case in future she may trouble me more. My question is can my wife lodge any case against me once again after she withdraws her FIR against me and my family or can she lodge 498a once again by simply creating a scene at my house.
2. Since this lady is a fraud and just want money from me she troubled me from past 2 and half years and i don not have any plans to accept her back, so once she reverts back the FIR completely can I file a Divorce case against her, Since I am a middle class guy earning in a Software firm, in the Divorce case which I will file against her should i need to pay heavy  maintenance charges or if i call for Talaq will she be able to file any case against me overall how should i get rid of this dangerous lady
Asked 1 year ago in Family Law from Chennai, Tamil Nadu
Religion: Muslim
1. Yes, even after withdrawal of the existing complaint she can file another case alleging fresh incidents truly or falsely.
2. Now hence it is imperative that while making compromise and withdrawal of the existing case you do tae divorce on mutual consent as well from her as after divorce no 498A case lies.
Since you appear to be Muslim then you can give triple talaq and triple talaq unless set aside by civil court is considered to be the valid divorce.
Devajyoti Barman
Advocate, Kolkata
5245 Answers
54 Consultations
4.9 on 5.0
1) since you are Muslim you can divorce her as per your personal law  .talaq should be preceded by attempts at reconciliation . Talaq should be given in presence of 2 witnesses .pay her the Meher amount . Reasons for talaq should be mentioned in talaq Nama 

2) once you have divorced her no domestic violence can be filed by her 

3) if you don't divorce her and she stays with you she can file fresh 498A in respect of fresh cause of action

4) you have to pay her maintenance if your wife is not working 
Ajay Sethi
Advocate, Mumbai
23351 Answers
1221 Consultations
5.0 on 5.0
Yes your wife can file a 498A case again if she continues to live with you. Since you are Muslim, when you call for talaq, you would need to pay her the alimony. If you file for divorce then you would be directed to pay maintenance if the maintenance application is filed by your wife. the court will grant interim maintenance if your wife is not able to support herself or is not earning.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
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1. You do not have to accept any of her demands. You are at liberty to refuse to live in her parental house. By doing so you can opt to contest her case fittingly in the court.

2. She can lodge a 498A case again if she returns to your house. You can seek a restraint order against her to prevent her from returning to your house. This will obviate the adverse consequences which are likely to ensue out of the filing of a 498A case. 

3. Divorce can be filed at anytime by you. Her claim to maintenance can be successfully impeached by you if she is earning on her own or has left you without any rhyme or reason. 
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Dear Querist
MY OPINION ON YOUR QUERIES ARE AS UNDER:

can my wife lodge any case against me once again after she withdraws her FIR against me and my family or can she lodge 498a once again by simply creating a scene at my house.

OPINION: FIR can not be withdraw by her but if both of you are ready to live with each other then file a quashing petition before HC then only the FIR can quashed but she may file the fresh FIR against you by creating a scene if she wants to do that.

2. Since this lady is a fraud and just want money from me she troubled me from past 2 and half years and i don not have any plans to accept her back, so once she reverts back the FIR completely can I file a Divorce case against her, Since I am a middle class guy earning in a Software firm, in the Divorce case which I will file against her should i need to pay heavy  maintenance charges or if i call for Talaq will she be able to file any case against me overall how should i get rid of this dangerous lady.

Opinion: Fight the 498A case on merit and now need to settle the matter with her if you think that she is the lady who want only money from you.
immediately file a divorce case against her before family court, you should contact her SIL and take help to save each others.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
you should compel her to sign compromise letter before the concerned court in which your case is pending. In the compromise letter you should state all the facts which you think may be arise in future litigation. this compromise letter is good piece of evidence against her in any litigation. get declaration from her that all the facts were false and stated by her in compulsion of her parents. 
once decree is passed according to compromise letter then she is precluded ti file any other case on the same facts and she is also prevented to take defence of previous case.
Shivendra Pratap Singh
Advocate, Lucknow
2771 Answers
41 Consultations
4.9 on 5.0
1) you dont have to  in counselling session produce evidence that allegations made in FIR are false 

2)your wife is well qualified she is not entitled to maintenance . 

3) it is responsibility of both parents to pay maintenance . you may have to pay around Rs 10,000 a month for the child 

4) wife will have to file separate application for maintenance . you can in your defence raise plea that wife is working and earning Rs 43000 a month . that she should also pay for child maintenance 
Ajay Sethi
Advocate, Mumbai
23351 Answers
1221 Consultations
5.0 on 5.0
1. It is very difficult for us to say how should you rebut the claim of your wife in the court as unlike your lawyer we do not have the privilege to peruse all the case related documents. So your lawyer alone is in a position to chalk out your defence. All that I can say is documentary proof would be of great help.

2. You can file for child custody to get access to your child. As father of the child you cannot be denied access to her. 

3. She is not entitled to any financial support in view of the fact that she earns 43k.

Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1. For coming to a settlement with her for her staying with you, it will be prudent on your paert to take her assurance under affidavit that she will not create any further problem and she hereby withdraws her 498A complaint which was a false compleint. She can ofcourse file 498A complaint afres bur=t its importance will be reduced since she has withdrawn her first complaint,

2. You can file a divorce suit against her or alternatively pronounce triple Talaq to her and send her the Talaqnama duly approved by your local Quazi,

3. She can file any case any time which you bshall have to contest fittingly.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1. The charge against section 498A is  non compoundable, So, your wife can not withdraw it of her own,

2. She has to give such evidence before the Court which will exonerate you. 

3. You insist her for the said assurance under affidavit as suggested in my earlier post with which you can file a petition for quashing the FIR filed by her wherein you can submit the said affidavit of her,

4. You should not worry about her 498A complaint since it has lost its teeth by recent supreme court order wherein it has been directed that police will not make any arrest without making any investigation,

5. You also rest assured that there will be no action against the accused against the bcomplaint for committing black magic on her.

6. Since your wife is employed, she is not entitled to any maintenance fro her husband. However, you shall have to pay maintenance for your daughter,

7. You shall have to pay maintenance for your daughter till she is married. The amount of maintenanec will depend on the Court which will be within 1/3rd to 1/5th of your monthly income.

Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0

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