• Husband friendly judgements in 498A, D.V. And matrimonial home

I am 68 years old and my wife 60 years.
After 28 years of marriage she filed for divorce (May 2015) after she absented herself, in December 2014 from my mother's last rites and Prayer meeting and it was found that she chose to be with another man, from her business networking organisation BNI, Gurgaon chapter.
First she filed a Cyber Crime case ( Feb 2015), followed by the Divorce ( May 2015), Police complaint Sec 107 / 151 ( June 2015) Sec 498a, 500, 509 ( July 2015) Domestic Violence August 2015, Sec 151 / 107 ( Jan 2016) wherein she was the aggressor and case of sec 150/ 107 against her and now Eviction from the matrimonial flat which stands in her name.
I need (a) judgements prohibiting husbands from being evicted ( b) the 498a to be dismissed,and charges are still not framed, and ( c) Domestic violence
I DIVORCED MY FIRST WIFE IN 1987 to marry this one, who was my employee, wrecking my home, family and business and loved her very very dearly
Asked 2 years ago in Family Law from Gurgaon, Haryana
Religion: Hindu
1) judgments depend upon facts of each case 

2) yiu have not mentioned what is source of funds for purchase of flat 

3) did you make any payments for flat purchase ? 

4) if you have contributed funds yiu can file suit to claim share in said flat 

5) eviction suits take  5 years to be disposed of 

6) if allegations made in FIR do not disclose commission of any offence you can move HC for quashing of case under section 482 of CRPC
Ajay Sethi
Advocate, Mumbai
45671 Answers
2686 Consultations

5.0 on 5.0

Dear Querist 
Judgement can be provided to you but it will be better for us and you too, you either disclose all the facts of cases or consulted with a lawyer over the phone.

Feel Free To call 
Nadeem Qureshi
Advocate, New Delhi
4866 Answers
221 Consultations

4.9 on 5.0

First of all allow all these charges to be converted into case and being presented before appropriate court for trial.
You may decide about filing quash petition for each and every case based on their gravity before high court or can even file discharge petition before trial court before the trial commences.

There are various settled laws dismissing false 498a and other criminal cases.

You may look for them by browsing through internet.
T Kalaiselvan
Advocate, Vellore
35828 Answers
390 Consultations

5.0 on 5.0

There is NO substance to her cases, I am a 1971 war veteran, and subjected to repeated harassment by the police. I have had two brain surgeries in 2009 ( SDH) and a spinal injury as a result of helicopter accident.

All these issues can be taken up during the trial proceedings. 

You may challenge the case properly to overcome the crisis accordingly.
T Kalaiselvan
Advocate, Vellore
35828 Answers
390 Consultations

5.0 on 5.0

1. You can contest her eviction suit on merits if and when she files it. The protection of DV Act, whereunder a wife may seek right to residence, is not available to the husband.

2. 498A is to be contested on merits, no judgment will help.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

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