• Can wife file any cases post 498A

Hi ,she filed 498A,323,504,506 and DP act 4 before 5 months,me and two family members has been dragged,No charge sheet has been done yet ,now I am filing a theft case against her and family,wanted to know -still can they file any other cases on me and still can they file any case on any of my family members?apart from those whom she previously filed.
Asked 4 years ago in Family Law
Religion: Muslim

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

17 Answers

It depends on if any new offence has been committed she can file but not on the ground of earlier offence

Prashant Nayak
Advocate, Mumbai
32330 Answers
194 Consultations

Wife can file DV case against you 

 

she can also claim maintenance from you under section 125 cr pc 

 

she can also file for divorce 

Ajay Sethi
Advocate, Mumbai
96426 Answers
7773 Consultations

You can file any case her. Similarly she can file any further case against you. Case is decided by court on its merit.  False cases generally fails to sustain in court if you defend it with normal prudence or engage good lawyer to deal with the case. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

If you all are out on AB, than first close initial case and then  you can file defamation case against her for false case raised against you all people.

Ganesh Kadam
Advocate, Pune
12959 Answers
260 Consultations

No, i don't think that they have anymore weapon left in their hands against you.

 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

She has almost filed all the possible cases against you. 

She may file DV case or maintenance case under section 125 Cr.P.C seeking various reliefs as per provisions of law accordingly. 

You can proceed with your proposed cases against her as revenge for her false cases filed against you all.

T Kalaiselvan
Advocate, Vellore
86630 Answers
2315 Consultations

1. If there is a cause of action to file a complaint of theft then you are free to file it.

2. She may further file 125 Cr.P.C and DV Act cases.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

Respected sir...

Shashi cannot file any matrimonial case in the future prospect against you and your family...but you cannot stop her from finding the fake case against you that may be of 38 that may be of any section under IPC... But yes there is a bar she cannot file any matrimonial case against you....

 

Thank you

Dinesh Sharawat
Advocate, Delhi
1265 Answers
12 Consultations

Filing of a case by one against another depends on occurence of offence or cause of action. 

It has no nexus with time or filing of one case.

In other words both of you can continue to file cases against each other during rest of your lives if there is such opportunity. 

Devajyoti Barman
Advocate, Kolkata
23151 Answers
506 Consultations

1. she can file a case of divorce, domestic violence and maintenance against you,

 

Suneel Moudgil
Advocate, Panipat
2382 Answers
6 Consultations

Yes she can file petition seeking maintenance, divorce on you and seeking seperate residence under DV act. Its advisable to file petition for divorce by sending legal notice at earliest. Feel free to contact me in karnataka for further guidance if you need 

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

Dear Sir,

The case list may be endless, if the the parties wish to file against each other. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

The chances of your wife filing cases against you are there i.e., she can file application for maintenance against you.

She can also file Domestic Violence cases praying for various reliefs under the Act against you and your family members.

WORK OF CAUTION:

Instead of filing cases on her & her family members, better use your money, time and energy in defeating false cases filed by her, i.e., file for Quash.

Further, you collate, relevant material proofs and evidences to support your case and to destroy her false cases.

Even if you file theft case against her and her family members, you have to spend money, time and energy, at the end you MAY NOT get anything out of it (YOUR CHOICE). 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

She can file petition of DV to claim alimony. But no case on you if you will file theft case agasint them.

Yogendra Singh Rajawat
Advocate, Jaipur
22944 Answers
31 Consultations

- Section 498 a is for the offence of cruelty , hence she can further file a case under the provision of Domestic Violence Act, and also under section 125 CrPc for claiming maintenance from you. 

- Under the DV Act , she can claim interim maintenance and also residential right from you , after implicating you and your family members as well. 

- However, your mother being woman can also file petition under the provision of Domestic Violence Act against your wife on the ground of harassment and mental agony. 

Mohammed Shahzad
Advocate, Delhi
14242 Answers
216 Consultations

Generally, prosecutors and police do not like to file charges without evidence. 

she can file DV and 125 crpc Maintenance. 

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

1. Yes she can file Domestic violence case before magistrate against you and your family.

2. She can also file maintenance case against you under section 125 CrPC

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer