• 498a

Hi Sir,
I was married to my wife for 2.5 years under Hindu Marriage Act.
My wife filed a false FIR u/s 498a, 323, 506 & 34 of IPC.
I filed for a Anticipatory Bail and got the Final Approval or Grant from Court u/s 438.
I already have a filed a Divorce Petition u/s 27 of The Special Marriage Act.
But, my wife have not received any summon from court yet as the date is around end of this month.
My wife works with a Govt. Bank and I work with a private IT company.

I am currently out of my residential place where I was staying in a rented accommodation.
I have informed the house owner that I will vacate the flat end of this month.
My wife is currently occupying the house with her mother. 

As I have the bail granted for me, I will return to a new accommodation in the same town.
I have a few queries in this context:

1. Will my wife be able to file another 498a case? (I am not staying with her since last 1 month)
2. If my wife demands that she will not vacate the rented accommodation, what should me and       the house owner tell her ?
3. Will my wife be able to demand to stay with me ? 
4. She is not aware where I am currently staying .I am staying there with my parents, if she somehow gets to know where I am staying, I am afraid she might cause nuisance at that place. Is there any way I can prevent her from doing that legally ?
Asked 5 months ago in Family Law from Pune, Maharashtra
Religion: Hindu
1.  She cannot file another similar case especially when the previous one is still pending at FIR stage.
She cannot play with law as per her desire.

2.  The rental agreement is between you and the house owner.  You can settle the issues of rent, refund of security deposit etc with the house owner by informing him that you are vacating the house. Before leaving the house, you can inform her that you have vacated the house and you will be leaving now, hence she can leave the house after your departure, if she is not leaving or agitating it is her problem and the house owner problem.  

3.  Once you yourself is not going to stay there how will she demand to stay there?


4.  Legally you cannot prevent her from entering into her matrimonial home until she is your legally wedded wife. 
T Kalaiselvan
Advocate, Vellore
14026 Answers
127 Consultations
5.0 on 5.0
1) wife will not be able to file fresh 498A case 

2) if wife refuses to vacate the rented premises then the house owner can file suit for eviction against you and your wife 

3) during the subsistence of marriage wife has rights to stay in her matrimonial home 

4) wife can file DV case against you and seek right to stay in her matrimonial home
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
1. Once she has filed 498A she cannot file another 498A unless she withdraws the one that is pending.
2. You are not legally liable to evict your wife from the rented accommodation. It is the duty of the landlord to do so.
3. During the subsistence of marriage a wife has the right to reside in her matrimonial home, so she can enforce this right in your self acquired or rented accommodation by filing a DV case.
4. To prevent her from causing nuisance you may file a suit for injunction against her.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
1. 2nd 498A is not permissible.
2. Since it is rented house if you stop paying the rent the rest would be the dispute or headache between the landlord and the wife. You need not worry about this.
3. She can but no court can pass such order.
4. There is no reason to be scared of nuisance. Creation of nuisance would led her to trouble.
Devajyoti Barman
Advocate, Kolkata
5207 Answers
54 Consultations
4.9 on 5.0

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