• In-laws threatening 498A

I got married in february 2014 and my wife was cruel to me since day one. I have posted questions regarding this in below links.

https://www.kaanoon.com/7998/want-divorce-from-wife

https://www.kaanoon.com/6709/seeking-divorce

Now in the latest development as i am not living with my wife and she is working in some other city. We are not living together. We asked them to meet their family to discuss the matter but they refused. So when they asked us we also did the same. And not met them. So they came with 20-25 people to my native place. And gave a complaint in local panchayat against us. As we all were not at our home they went to my uncle's home and gave the threats of filing 498A in court against my family and me. So please sugget further how to tackle this situation.
Asked 2 years ago in Family Law from New Delhi, Delhi
Religion: Hindu
There is no preventive measure for filing a criminal case against you by your wife.File a suit for Restitution of Conjugal Right against your wife in District Judges Court at where your marriage was solemnized or you were both last residing.
                             After that wait and see if there would any case registered u/sec.498a IPC then your RCR suit may help you to get anticipatory bail and maintenance case also.But best option is to file a Divorce Suit on mutual consent.
Minansu Bhadra
Advocate, Kolkata
266 Answers
23 Consultations
4.8 on 5.0
1)ego battle ruins relation ships . you should not have refused to meet your in laws merely because earlier they had refused to meet you . 

2)use the local panchayat good offices to resolve the dispute . 

3) dont file RCR . it would be counterproductive as wife will file 498A case/ DV case against you .

4) best option si to go for divorce by mutual consent . 

5) even if wife files 498A you can easily get AB now with latest supreme court judgement on said issue
Ajay Sethi
Advocate, Mumbai
23363 Answers
1222 Consultations
5.0 on 5.0
Hello,
1) As had been previously advised in reply to the questions you raised you need to wait for the completion of one year from the date of marriage to file for divorce. This would mean you need to wait for a little over 4 months for a divorce petition.

2) In the mean time if they go ahead and file a case under IPC 498A, you don't need to panick about it.Afterthe recent ruling by the honourable Supreme Court 498 A cases have lost most of their steam.Unless the police verifies the veracity of the complaint no arrest is done these days.

3) What you can do is to approach the police station in the locality and file a complaint against the in laws and the group of people who threatened you and your family. Even if the police do not initiate any action, in case they proceed with a 498 A case, your complaint and the reference to it will come handy.
S J Mathew
Advocate, Mumbai
1954 Answers
65 Consultations
5.0 on 5.0
1. What complaint has been lodged by those people before the police?

2.  Since both of you hardly stayed together and she works in some other City, her comp0laint u/s498A of IPC will not be much productive,

3.   Moreover, as per the latest Supreme Court Order, no arrest will be made by the police withou making an investigation,

4. Since, they have threatened your Uncle, he should lodge a police complant agsint those 25 persons. This mayl help you in the longer run if she file anuy complaint u/s498A of IPC,

5. It appears that your marriage has already reached a dead end,

6. So, talk to your wife and amicably settle for mutual consent divorce.
Krishna Kishore Ganguly
Advocate, Kolkata
12134 Answers
233 Consultations
5.0 on 5.0
1. The threat of filing a false complaint under s.498A should not be taken lightly as it is a criminal charge which can result in the arrest of the accused if bail is not obtained.

2. In the event your wife files a complaint under 498a then immediately file for anticipatory bail to avoid being arrested. She may name your parents also in her complaint. So it is incumbent that the moment she files the complaint all of you apply for bail to preempt your arrest.

3. You and your uncle should file a case for criminal intimidation against your wife and 20-25 people who went to the latter's house. The most efficacious way of defending yourself is to launch the offensive wherever and whenever the law permits.

4. Since the marriage seems to be dead for all practical reasons you may file for divorce.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
you should file u/s 9 hm act immediately .thereafter by way of family council if not possible to live together.seek divorce on mutual concent.
Brijendra Kumar Vishwakarma
Advocate, Kanpur
117 Answers
0 Consultations
3.3 on 5.0
A. take AB from court so that ur not arrested if any criminal case is filed against you.

B. you can file RCR petition in court to bring back ur wife.

C.since ur marriage is not even 1 year old consult marriage Councillor to save ur marriage.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
1. Panchayat has no power to prosecute a person in a court of law. If she gives to the police the complaint which she has given to the panchayat it will set in motion the process of law against you which may culminate in your arrest. It is thus apposite that you should file for bail as soon as the case is filed.

2. As suggested earlier you should file a case for criminal intimidation against all the persons who came to your uncle's house and threatened him. This may help you in the event she files criminal charges for dowry against you.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1) if wife has filed complaint with local Panchayat you can furnish your written reply giving your version of events . panchayat cannot force you to stay with an abusive wife nor grant you any divorce . it can merely mediate between warring couple to hammer out a solution 

2) file for divorce on grounds of mental cruelty . 

3) if she files 498A case obtain AB
Ajay Sethi
Advocate, Mumbai
23363 Answers
1222 Consultations
5.0 on 5.0
a. panchayat has no legal power in such cases.

b. file  divorce  petition on ground of mental cruelty in court.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
1) court will consider all evidence submitted by you and your wife then decide . 

2) audio conversation would be admissible in evidence
Ajay Sethi
Advocate, Mumbai
23363 Answers
1222 Consultations
5.0 on 5.0
a. audio recordings are good evidences admissible in court.

b. they can deny it but u prove audio recordings in court  to win ur case.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
1. Court does not treat the statement of any one as a gospel truth. The proof submitted will be tested on touchstone of law before the order is passed.

2. Audio recordings can be used in a court of law to substantiate the allegations.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
if your wife do't want to live with you then you can't force her. if her parents threatening you to file cruelty case then why do you afraid. just filing of case it does not mean that you will convicted. if your wife committed cruelty against you and your relatives  then collect all evidence to prove her behaviour in matrimonial home. you should avoid to file cross case because it can be harmful for you. let them initiate any criminal case. you just defend it with all possible evidence. 

she has no reasonable cause to live separately so this 498 A case is by-product of her act. consult with the best lawyer of your city. you must collect all evidence. you should record all conversations , sms because it is substantive piece of evidence and it'll help you.
Shivendra Pratap Singh
Advocate, Lucknow
2771 Answers
41 Consultations
4.9 on 5.0
1. Panchayat has no jurisdiction to hear this matter,

2. However, try to convince the Panchayat about her cruel bahaviour
Krishna Kishore Ganguly
Advocate, Kolkata
12134 Answers
233 Consultations
5.0 on 5.0
1. Her statement that she was forced to use abusive language shall have to be substantiated with evidence,

2. Mere statement from her wil not negate your claim or allegation,

3. All statement or allegation shall have to be supported by evidence.
Krishna Kishore Ganguly
Advocate, Kolkata
12134 Answers
233 Consultations
5.0 on 5.0
Dear Querist
the police can not register the FIR directly without follow the  procedure of CAW Cell/Women Cell in matrimonial Dispute, so no need to worry, if they filed any complaint before police or any other authority then the same will be send to CAW Cell and they try to settle the matter, if not possible then they registered the FIR, if there is any specific allegations in the complaint.

after registering the FIR the police is bound to follow SC Guidelines as SC recent Judgement, Arnesh Kumar Vs State of BIhar (2014) and police are bound to issue a notice of appereance to all the accused, specially whose arresting permission has been granted by Police Officials.

at the time of Caw Cell proceedings, Registration of  FIR or Receiving the Notice, you may file an anticipatory bail before session court or HIgh court.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
1) your sister in law should maintain her cool . filing any complaint by your sister in law will aggravate the matter . 

2) record all her conversations wherein she threatens you and your family members
Ajay Sethi
Advocate, Mumbai
23363 Answers
1222 Consultations
5.0 on 5.0
1. The time for lodging the complaint against your wife by your sister in law has not yet come,

2. let your wife's complaint be proved as false first,

3. In the above event your sister in law can file a suit against your wife for filing the said comlaint against her which has been proved to be false by the court of law.
Krishna Kishore Ganguly
Advocate, Kolkata
12134 Answers
233 Consultations
5.0 on 5.0
1. Legally speaking, your sister-in-law can file a case for defamation against your wife, but this may open the floodgates to litigation.

2. Wait till your wife's case is rejected.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
a. ur SIL must not jump in legal battle as  it will result in multiple litigation.

b. let ur wife complaint be decided and till then wait.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
If you sister in law get acquittal or clean chit in chargesheet or discharge by court then she is entitled to file a defamation case with damages of reputation and harassment/malicious prosecution case  before civil court as well as before criminal court.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
You should avoid to register any cross case against any relatives of your wife because when you file cross case it is presumed by the court that some unusual thing were happened in matrimonial home. When you only defend your case no presumption may be taken and you are eligible to get benefit of doubt. You must collect all evidence either direct or circumstantial and let them file case. If you have have enough plausible evidence you'll sustain in trial and liable to be set free.
Shivendra Pratap Singh
Advocate, Lucknow
2771 Answers
41 Consultations
4.9 on 5.0
she can lodge a private complaint in the magistrate court with proof or quash the same in the high court with proof., audio recordings are a good piece of evidence .if you have witnesses to state the same it will be good.
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0

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