• Please help me regarding 498a

got married on October 2015, on december 2015 I returned back to my parental home. During this period my husband tortured me a lot for dowry. He was very nice to me in intial days of marriage. But I suspect that his family members are involved for our dispute. Coz everyday every morning he used to go to office with nice mood.in office hours used to talk his sister's. N every evening used to fight with me for dowry.I suspect they are involved but I dont have any evidence. But I was tortured by my husband. He demanded 100pounds of gold. a bullet. I told him very clearly that I won't give anything. So after that he started saying that he won't keep relations with me. Won't have any child. If incase I get pregnant then I should go for abortion. He even threatened me of taking video while having sex with him n will post on YouTube for earning money. I got scared and came to parental home . Filed 498a on him then. After filing the case he is showing love toward me via whatsaap status. Saying that someone from his side said we should not contact each other. He even keeps the status that I should come back to him.but he never talks to me directly. Even his family members are not letting me talk to him. He applied for bail. N court is giving him dates on dates so last time his advocate and relatives approached us for mutual compromise.that time also I said I want to talk my husband.but they are not allowing to talk. His what's aap status is showing he's calling back but his relatives n advocate not letting to talk. I too want to go back. His family members sayin it's common in south to ask dowry. They even threatened me that they will make him go abroad at any cost . N I will be left with no justice . My husband family memebers too are money minded people. Even my advocate is in contact with my husband advocate. I don't know how to talk to my husband. On 18th Feb his bail hearing is there. Till now he's not been arrested. N I don't want him to get arrested . I just filed case so that police may help me get back to my matrimonial home coz he thrown me out of home . But this has took a very bad turn. 
Plz advise me can I go back to him on my own by taking police help. Will 498a turn on me itself. I don't know even what my advocate is doin by being in touch with their advocte. I have even filed for nullity of marriage listening to my advocate. I am totally stuck. I don't know what to do . Please help. I just have inner instincts that if I and my husband talk everything will get solved. But this mediaters creating problems
One more thing I need to tell.during our honeymoon on first time itself wen getting intimate my husband was moaning by taking his own sisters name. I was shattered. He pleaded in front of me. So I if ignored it too. I even then accepted him. I never wanted to break our marriage. I m helpless now.
Asked 10 months ago in Family Law from Pune, Maharashtra
Religion: Hindu
1) you and your husband can settle case  and based on settlement arrived at file for quashing in HC 

2) what basis has you lawyer filed for nullify of marriage ? 

3)change your lawyer  . no case for nullify of marriage is made out 

Ajay Sethi
Advocate, Mumbai
23125 Answers
1215 Consultations
5.0 on 5.0
1) no case for annulment is made out .

2) you have been married only for 5 months . if your consent for marriage was obtained by fraud or coercion you can file for annulment within period of one year of discovery

3) has your husband given written assurance that he wont go abroad for one year ? if you dont have any such assurance how will you prove fraud? 

4) you should have waited for year then filed for divorce on grounds of mental cruelty
Ajay Sethi
Advocate, Mumbai
23125 Answers
1215 Consultations
5.0 on 5.0
Hi, It is better you can talk to your husband but in your case you are not in a position to talk to your husband so if you not able to contact your husband then it is better you can't go with your husband.

2. It is better refer the matter to the mediation so in the mediation center you can able to contact your husband and tried to settle the issue amicably.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1. 498A is meant to serve a purpose. If you were a victim of dowry harassment then 498A should have been filed. Be that as it may, you have the right to reside in your matrimonial home during the subsistence of your marriage. If your husband denies you an entry then the remedy is to file a case for domestic violence to claim the right to reside and protection in your matrimonial home. The court order can be executed with police assistance.

2. How is nullity for marriage made out in your case is not clear to me. You are free to withdraw it. 

Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
Consult a lawyer personally to revisit your legal strategy. 
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
You are an educated and matured lady.  You should not have taken decision in hurry or haste.  The 498a case you have filed against him should have been your last option i.e., it should have been done only after all reconciliation efforts failed.  Further you have nullity case too but have not stated the reason to file one such case. There may be plenty of people around to misguide you with all possible comments and rumours.  You should have applied your own mind instead of repenting now. 
Even now, since you are in touch with in whatsapp, can send a message through that social networking web site expressing your intention and willingness to join him back and if need be you shall withdraw all your complaints including the pending nullity case. This may fetch you desired results.  If your advocate is not found to be cooperating with you or found to spoil your future the more, you may mercilessly change rather terminate her/his services and look for a better one. 
T Kalaiselvan
Advocate, Vellore
13943 Answers
127 Consultations
5.0 on 5.0
 N now wen he is been in contact with his family the total scenario has changed. last time when his family had come that time I noticed that they are taking advantage of this situation to break the marriage at any cost. Since two months now I have not had a single word with my husband. So when I told this to my lawyer she told to file for annulment.
Your advocate has thoroughly misguided you.  There was no reason for filing an annulment petition. Just stopping to talk to you cannot be a ground for annulling your marriage. 
If your husband is demanding dowry and you are not able to give it, you could have convinced him about the situation prevailing at your house but it is not necessary that you have to budge to his pressure demanding dowry and beyond tolerance, there is nothing wrong to seek the help of la enforcing authorities.  In fact your husband should not have demanded money from you to go to abroad. The fault lies in him hence you remain adamant when they approach you for compromise because this will not be problem that can be solved now, it will take years to reconcile when every one realise the value of the life and previous time lost due to litigation and ego problems. 
T Kalaiselvan
Advocate, Vellore
13943 Answers
127 Consultations
5.0 on 5.0
1) no one can force you to take your case back 

2) if you want to fight case to logical conclusion do so 

3) since you belong to wealthy family you can afford legal fees

4) please note that 498A case would take over 5 years to be disposed of 

5) if you apprehend your husband will go abroad make an application for impounding of his passport before RPO
Ajay Sethi
Advocate, Mumbai
23125 Answers
1215 Consultations
5.0 on 5.0
So I have decided to fight. I won't agree for any kind of such dirty settlement. I no need his single penny. It's about my respect. Anyhow I have to go through all the court proceedings.then y should I make it easy for them so that they will sit in the home happily n I want to run behind all the case. So please suggest me what should I do. Coz I don't want to take anything n sit back. Coz I am not an use n throw object. Now also I suspect his family is playing coz my husband did not tell me  that he wants to dissolve. Plz suggest.
In my opinion, your guess appears to be right and those people are simply playing games and fraud behind you. There was no need for a third lawyer to interfere when there was already one lawyer involved in this case.  Also there is no such thing called mutual agreement for annulment, there also they may play fraud and deceive the court to obtain annulment decree by wrong and fraudulent means.  If your own lawyer supports their view, better change your lawyer immediately.  He should favor your views and not their views especially under the mysterious circumstances where you suspect something fishy in the background.   Do not agree for such compromise moves, there is no compulsion for you to accept their proposals.  Let him fight and get the anticipatory bail.  In fact you can file an intervene petition also objecting his bail application on the grounds that he deploys his advocates to threaten or intimidate you in the name of compromise agreement wherein actually they are forcing you to withdraw all the case or complaints without coming out with any concrete decision.
There is still lot of time to work out all these strategies, you may remain silent and firm for all such provocations or outbursts. 
T Kalaiselvan
Advocate, Vellore
13943 Answers
127 Consultations
5.0 on 5.0
You have the right to fight. Let the FIR for 498A be lodged against your husband and in-laws and they will have to face the law. You can refuse to accede to any of their demands. The domestic violence case can be filed to claim right to residence with protection and also compensation for the violence suffered thus far.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
1) you can with draw your annulment petition on next date 


2) you can file for divorce by mutual consent after expiry of one year from date of marriage 


3) charge sheet is filed by police and not by your lawyer

4) your lawyer cannot double cross you regarding filing of charge sheet 

5) 498A cases are fought by the state . your lawyer has no role in said case 
Ajay Sethi
Advocate, Mumbai
23125 Answers
1215 Consultations
5.0 on 5.0
First of all you should not confide in your advocate anymore, he seems to have tilted sides while pretending to be loyal to you. 
What is the reason that you have filed annulment case
Even if he agrees for annulment court may not be able to nullify the marriage on the vague grounds set out by you on the ill advise  or wrong guidance  of your advocate.
You can withdraw the annulment petition in the next date of hearing and remain silent without pursuing any steps, let them keep guessing your ideas and strategies behind your dead silence. 
You can file a divorce case at a later stage when it is required.
Change your advocate and if possible appear as a party in person for the time being.
T Kalaiselvan
Advocate, Vellore
13943 Answers
127 Consultations
5.0 on 5.0
You can tell your lawyer to withdraw it and he will do the needful. Withdrawal can be made on the next date already fixed by the court. Both of you can part by filing for mutual divorce for which an agreement needs to be reached at, failing which you can individually file for divorce on the basis of cruelty. If you doubt the integrity of your lawyer then change him.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
1) you are his legally wedded wife and have right to stay in your matrimonial home 

2) if your husband refuses to permit you to stay file DV case and seek right to stay in matrimonial home or alternative accommodation 
Ajay Sethi
Advocate, Mumbai
23125 Answers
1215 Consultations
5.0 on 5.0
If he files for judicial separation you can contest it. During the subsistence of matrimony you have the right to reside in your matrimonial home. 
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
A petition proposed to be filed under judicial separation by your husband will not in any way obstruct your stay in your matrimonial house.  You have full rights to stay in your matrimonial house until you are his legally wedded wife and this rights can be denied only after legal dissolution of your marriage by a decree of divorce by a court of law.    Judicial separation is an instrument devised under law to afford some time for introspection to both the parties to a troubled marriage. Law allows an opportunity to both the husband and the wife to think about the continuance of their relationship while at the same time directing them to live separate, thus allowing them the much needed space and independence to choose their path.
The law is very clear in this regard.  There is no restriction for the wife to stay in the matrimonial house even after a decree for judicial separation is passed. There is no effect of a decree for judicial separation on the subsistence and continuance of the legal relationship of marriage as such between the parties. The effect however is on their co-habitation. Once a decree for judicial separation is passed, a husband or a wife, whosoever has approached the court, is under no obligation to live with his / her spouse.
Therefore there is nothing to be concerned about it so much, let him file a case for judicial separation but he cannot drive you out of his matrimonial house for this reason, then he will be held for one more offence.
T Kalaiselvan
Advocate, Vellore
13943 Answers
127 Consultations
5.0 on 5.0

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