Ans. 1.If you did not return back her then no negative impact on 498a which she already filled. Ans.2. Let her to file another case which it may be maintenance case u/sec.125 Cr.P.C. Ans.3.If you did not return her articles then she can file a case u/sec.406 IPC and she can file a case u/sec.12 of the D.V. Act.
If I don't take back my wife, which cases can she file
My wife has filled 498a ane domestic violance cases against me and my family. Her lawyer is her uncle (Her Mama). He has told me outside court that he can file many cases against me and my family if i not take her back. So i have gave application for take her back but i don't want to take her back. I have given time to take her back within week. My question is If i don't take her back.. it will impact on my 498a ane dv cases? Her uncle threatened me for file more cases.. which cases thay can file? can thay file 406 or any other criminal cases?
Asked 4 years ago in Family Law
Religion: Muslim
18 Answers
Wife can file application for maintenance under section 125 cr pc
2) not necessary for you to take your wife back
3) wife can file complaint under section 406 of IPC for criminal breach of trust for failure to return her stridhan
I am ready to give her all articles but she mentioned jewelries on 498a and dv. She takes already put all her jewelries at her mother home. Than how can i prove this. In this matter she can still file 406?
Asked 4 years ago
wife can file false case of criminal breach of trust under section 406 of IPC
burden of proof is upon wife to prove allegations that you have her jewellery
I agree that in preset scenario when bunches of women centric laws are in force and court orders are issued in every directions , it very natural that an husband will find himself scared in every respect to any allegation, whether false or true, made against him.
But this is not the way . You should fight for justice if allegations are false.
Criminal cases are independent of your civil matter. It is your choice whether you take back your wife or not. It shall have no impact on 498a case or even DV cases.
Engage some lawyer to deal your cases in court.
Do not get scared. You have to fight against the wrong because life is your. Why you should sacrifice for false charges against you.
Let her file more cases against you. Law is not to protect wrong doers but to do justice. Keep faith in law and do your best.
Yes it will impact your cases of 498A and DV.
They can file maintenance case against you and other false cases like sexual harassment against your family members can also be filed.
Yes 406 can be filed if you don't return her belongings.
1. The merit of the 498A or DV case has nothing to do with your proposal to take your wife back.
2. if you really intend to take her back the you can ask for the same and once she comes back she will withdraw the cases.
3. If you do not then also there is no presumption that you are guilty. So the outcome of the case would depend on the merit of the same irrespective your initiative to bring your wife back.
She can file 498A, DV complaint, cases of maintenance under crpc and IPC.
1. No, it will not.
2. They can file a case of maintenance etc. Already FIR has been filed, what else they can.
3. If such incident took place by which they will be able to prove 406 then they can filed.
Better will be that you fight the case.
In any case you will not go behind the bars.
No point of getting her back on the gun point.
Regards
Dear Sir,
No court can force one spouse to stay with the other if he/she is unwilling. Matrimonial relationship between husband and wife cannot be enforced by any court of law. If the divorce petition is dismissed then, appeal can be filed on available legal grounds & not on the ground that he just does not want to stay with his wife. The court can dismiss the petition but cannot force him to cohabit with his wife. Besides monthly maintenance the courts really cannot do anything in such cases.
See as such it won't impact 498a and DV trail as for same evidence has to be recorded. Though if you take back the cases may be closed on compromise.
See as such they have filed 498a, DV can file for maintenance.
She can file 406 ipc for items gifts given in marriage.
See in that case you have to contest same in trail and you can deny you having her jwellery.
- It you take her back , then she will withdraw her Domestice voilence case only, because for finishing the case under section 498a , you will have to quash the FIR from the High Court.
- If you dont want to take her back , then it will not impact the cases filed by her , because she will have to prove her cases during the trial . Court will pass order of maintenance under DV Act, if she files an application for the same.
- She can file a case for maintenance under section 125 CrPC, and nothing more.
- Read the FIR of 498A, it already may include this section 406 of IPC. ,Otherwise, she will pray before the 498a case to include this section.
- If, you will return the dowry articles as per her listing,then 406 will not attract.
Taking her back to matrimonial home or not will be your own decision.
Your refusal to take her back will not in any manner make any impact to the current 498a case or dv case.
Since she has already approached court with certain cases against you, any more case against you will be an addition to the list of cases that she has falsely filed against you, which can be challenged properly.
In fact there are no more cases that she can file anymore against you after the current cases, hence you can tell to her uncle to go ahead which can be challenged properly in the trial proceedings.
Let she claim whatever has been told to her.
You can give a list of items held by you and can deny possession of any other items with you.
You dont be worried about such false threats instead you can challenge the same as per provision of law and on merits.
you can give a complaint in advance before Police Authorities about her false threats and ask the authorities not to take any action on the false complaints filed by his wife. But the complaint must be issued to concerned Police Station House Officer and copies of the same are to be sent to higher Police Officials. you can file divorce on the grounds of creulty.
yes, she can file 406 but, she need to produce evidence that her jewellerys and belonging items is with you.
1. 498A has to be proved on the face of its own merits. Your refusal to take her back does not adversely impact 498A.
2. 406 is filed along with 498A. If she has not filed it thus far then she can file a separate FIR for it.
3. If you are willing to return her all her articles then immediately serve her a lawyer's notice to come and take the articles.
