Legal Question in Family Law in India

Re: about 498 complaint filing

One who cries first is the true person. So better proceed against her first rather than been defensive, be offensive.

Re: about 498 complaint filing

Two important informations are completely missing in your note: Firstly, how expensive was the marriage in terms of money spent on giving gifts/dowry etc by the girl side?; Secondly, what are reasons for your wife to leave the matrimonial home? We need to know briefly her allegations against you.

Answers based upon information available in your note are :

(1) Yes, she can file a complaint under section 498-A of IPC;

(2) Depending upon seriousness of the allegations, police may take action on your complaint directly without first seeking your explanation;

(3) There are hardly any precautionary measures available except that you can try obtaining an order of anticipatory bail;

You are advised to make all possible efforts for a compromise; In case you are unable to pull on with this marriage, sincere and serious efforts should be made for a consent order on divorce, children's custody and maintainance issues.

Re: about 498 complaint filing

child custody is the matter which will come when u will be able to save yourselves from 498 A.

yes she can file the case against you but there are lot of factors in favour and against you so neither panic nor be in complete comfort.

consult lawyer

Re: about 498 complaint filing

Reply to query are as under:

1.She can file the complaint as this remedy has been given by the legislature but I think she will not succeed if she file the complaint the complaint under section 498.Section 498 is regard to enticing or taking away or detaining with criminal intant a married woman who is and whom he knows on his reason to believe to be the wife of another man etc.Hence under the circumstances of the complaint section 498 is not applicable.

2.The police may initiate the formal inquiry on your complaint and in case on inquiry if the police conclude that the offence has been commited by the any person than the criminal against the accused.

3.You need not to worry and to take precautionary measures as their is no offence on your part under section 498.

With Regards

R.N.Sharma(Advocate)

Re: about 498 complaint filing

I suggest you to make all efforts for a compromise the matter by taking help of elders and wellwisher. As you stated that you having two children if you take any heasty decision future of your children will be spoiled. If you are afraid that she is going to filed a criminal case against 498-A. you better to take anticipatory bail to avoid arrest.