This blog gets a reasonable number of hits everyday. The main goal of the blog is clearly mentioned, both in its name, and in description. However it is quite likely that some of the visitors are women who have wandered over here and have filed a complaint against husband/in-laws/relatives/children/pet dog, or intend to do so. This post is specifically meant for them.
Firstly, IPC 498a was made to protect a woman from injury to life or limb, or mental harassment to the extent to drive her to suicide. All problems in marital life do not attract 498a, to the extent made clear in this SC judgment too.
Q: I want him to stay away from his parents and take a separate house, but he will not listen.
A: Maybe you do not realize that we are not living in a western country, where it is normal for individuals to live their own lives, and parents to live separately from children. Be sure that this is the same result you want from your brothers, i.e., they too should abandon parents or their wives should file 498a on them and surprise!!!, you may also get included as an accused, being relative of a husband. Or you firmly believe that when your children grow up, they are also entitled to ask you and your husband to move out since you are such a drag on their lives. Children learn from parents -- what goes around, comes around.
Q: But I need to teach a lesson to my husband, his parents etc. etc..
A: You will definitely be able to teach lesson but the results may not be what you intended. A sure separation/divorce is guaranteed in every 498a case. Be very clear if that is what you want by misusing law meant to protect women in desperate situation.
Q: I want to get a divorce and will not get one easily, so filing 498a may help me to get divorce.
A: Did it ever occur to you that laws are made in a democratic country by their elected representatives, and you are also responsible for the laws by having elected (or not voted) the lawmakers? Taking an illegal shortcut to achieve your ends may work in short term, but it may also give unintended results you did not hope for. For example, if you want to remarry after divorce, you may find out that many divorcee men do not want to marry ex-498a wives, since they fear they and their families could get hit by 498a by you after marriage. Be careful what you wish for.
On the other hand, many men have also learnt the techniques on how to survive false 498a cases, this blog is just one effort to help them fight injustice. So if you hoped for a quick divorce and fat alimony, but instead found out to be hanging around in courts with no divorce in sight, then that option of mutual consent divorce which you forego will seem like such a great idea! Alas, 498a is non-compoundable in most states, so now you got stuck.
Finally, following is official advice of Hyderabad police for women who want to file 498a. See if something is applicable for your case:
http://www.hyderabadpolice.gov.in/WomenCorner/498A.htm
Q: My husband does not listen to me, I want to file for maintenance under CrPC 125, DV Act (PWDVA) etc. because I am entitled to that as a wife. I will stay separately and enjoy the maintenance every month without having to work.
A: Surely you have been advised by some well-wishers, maybe even lawyers you approached. It reminds me of the saying: “With friends like these, who needs enemies?”. Did they not tell you that to file under DV Act, you have to allege domestic violence, so they will give you some cookie-cutter template to insert into your petition to allege things like: “I was not given food”, “I was thrown out in middle of night”, “I was locked in the bathroom by my mother-in-law”, and so on.
If any of these things are true or something similarly bad was done to you, then and then only you are eligible to file complaint under DV Act. If husband and his family have proofs otherwise, you may get nothing. Even if they are unable to prove, but you are unable to prove either, you may get a token maintenance. Did you intend to live next 30-40 years living like that? If you get remarried, then maintenance will also end. If you are capable of working, you could have a career, and earn lot more while doing something useful. But your advisers will not let you see that, they want you to believe you could get all the golden eggs by killing the hen right away. Option of filing maintenance should be used only if you cannot earn, and cannot live with husband due to his fault.
There is also a misconception being propagated that DV Act is more civil in nature, unlike 498a. So you can use DV Act to get maintenance from husband, and still continue to enjoy the status of being married (on paper at least). The problem is that you have to allege domestic violence under DV complaint, and if allegations are false, then your husband and his relatives will never trust you again in their life. A DV complaint is also a route to final divorce, just like 498a. If anyone says otherwise including your lawyer, ask them how many cases they have handled where woman and man are living happily in marriage after DV complaint was filed?
Read this post by another woman, who is happily re-married for 14 years now after becoming widow, but wants to file DV case on previous in-laws.
http://www.lawyersclubindia.com/forum/domestic-voilence-a-new-turn-26194.aspEven though she says she is living happily, probably she is not happy enough, so her ‘advisers’ will try to make her happier, but these advisers will stick around with you only so long as the going is good. And you will get dropped like a hot stone as soon as they realize that you are not going to bring much moolah for anyone.
can a widow who remarried and is living happily with her new husband with whom she has kids, can file case under D V act on her previous father in law and mother in law ,after 11 yrs of her remarriage .her first hubby died in 1993 and she got remarried in 1996, whats her locus standi
pl advice
Here is a public legal notice by a mother against her own daughter, who probably filed false complaint against her husband and got divorce. When you misuse law, you break the trust of many people, including your own blood relatives, so don’t be surprised at the results.
Source : http://nyayayodha.blogspot.in/
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