Hello.Only Lawyers respond.I am harassed by hubby & in-laws.They say I have lodged false 498 A....?

Question

I'm an Indian Hindu girl married 1.5 yrs back(marriage registered,no kids) after which I went to UAE.I came for vacation alone to Parents & then to in-laws who dint want to keep me & mentally tortured me so much that i came back to parents.I had also brought my gold set alongwith me from UAE to keep in my mother's house,but had no intention to leave husband.Also my husband isn't getting my visa issued now.So I'm still in India.I wrote to him to support me with 20,000/- monthly as he was supporting me with just 3,000/- monthly and that too only after we had written to him.I'm thinking of filing 498A case against husband & in-laws,which they came to know in advance.Now my in-laws claim that I left him on my own,left in-laws too out of choice and now demanding money from husband to extort & harass him.But I have no such intentions.They say I HAVE LODGED FALSE 498A CASE.What do I do now?My family is too simple to fight for me & I have no support.

Will I get justice?My in-laws are cunning.

Answer 1

Well I don't know who suggested you to go & file criminal complaint under section 498A Indian Penal Code, but that was not the way to start your legal proceedings. The matrimonial disputes between spouses are time immemorial but the provision of section 498A IPC were added in the penal law only in early 1980's. The reason for introducing this provision was to punish the erratic husband & other in laws who committed extreme physical or mental cruelty towards the bride/wife either in order to extract dowry from her & her parents or otherwise. The extreme of physical or mental ccruelty/harrasment should be so much that it results in grave hurt to such lady or make her to commit suicide. This cruelty or harassment is not to include daily or usual bickering amongst the spouse of in laws which we see in every Indian houses, if that was the intention to cover each & every comments or exchange of words amongst these relationship then whole of India including the judges of all the courts would be just involved in the criminal complaint either as an accused or a complainant. I hope you understand what I want to say here. This provision of law should be used in extreme cases where the wife/lady was inflicted to such physical or mental harm that either she attempted to commit suicide or suffered such physical or mental harm that made her disabled completely or partial for whole of her life or for some period of her life. In your case even if this man did not provide you with sufficient maintenance or deserted you the best course for you should have moved the court for sufficient maintenance under section 125 Criminal Procedure Code, or under the Hindu Adoption & maintenance Act. In case of his desertion you could have moved the Family court for restitution of conjugal rights & asked for maintenance under the Hindu Marriage Act. In case you had been treated badly you could even moved the court under the Protection of Woman from Domestic Violence Act, for obtaining protection order against your husband & in laws, for provision of residence at his cost & even sufficient maintenance from him. Rather then going through these lighter provisions of law you just went & filled the drastic criminal complaint under section 498A IPC. Now what will happen in that case? It will miserably fail as you won’t be able to produce sufficient medical evidence regarding such physical or mental cruelty or other evidence regarding this cruelty. What will be the result in this complaint fails? Your husband gets a very good ground of cruelty against you to seek divorce from you, as it has been held by the Supreme Court of India & many High courts in India, that any false criminal complaint filled by the wife against the husband is a sufficient ground of cruelty for husband to seek divorce from such wife, here your husband will just has to show that you filled a criminal complaint against him under sec498A IPC that failed in court & hence he should be granted divorce & so it will happen. Now you see where you stand.

Answer 2

Get a job and don't expect anything from your ex. Be happy that you won't have to deal with annoying in-laws anymore. You were only married for a year and a half and have no kids (thank God). Why would he have to give you 20,000 alimony per month? Did you use to live in a mansion, have a chauffeur, Butler, servants, or something?

Answer 3

In india the laws favor women / daughter in laws. ( in fact the law almost presumes that the in laws are at fault even before hearing the facts of the case - this is just my observation and opinion ) but you have many, many options depending on what you want from your husband and in laws. 1. if you want money & divorce - file 498A alleging mental, physical or emotional torture or any conduct which is of such nature as to drive you to suicide, a mere allegation if supported by prima facie proof such as any bruises or injuries, or medical certificate showing admission in hospital for emotional trauma, suicide attempt etc or any letter showing demand for dowry etc i.e basically any shred of evidience to prove that there is any kind of ill treatment from your inlaws is sufficient to get them arrested and locked up for min of 2-3 months. 2. File for maintenance u/s 125 cr.pc for immediate releif - show that you are unemployed and have no source of income 3. File case for domestic violence in court of district judge or go to revenue divisional officer of the district or the project director of women & child welfare dept who is based in district head quarters and give facts about any harassment which is physical, emotional, verbal, financial, etc etc. you can get order from court to stay with husband, order for maintenance, child custody, right over house hold goods, restraining order preventing your husband or in laws from communicating with you etc etc. this law is comprehensive and all of what you want will be given to you. 4. if you dilly - dally and dont make up your mind one way or the other you will be the loser. first file the case then negotiate with your husband and in laws. it is better to file the case immedietly after visiting your in laws house. Hope this helps. Dont worry being born as a women in india in the 21 century is the greatest blessing that god has given you, use it to your advantage.

Answer 4

I can see your pain. My EX is Hindi but from Nepal. I met him in U.K. married him and three months later he became abusive. My in laws always backed their son. He could never do wrong. Personally, I wouldn;t ask **** from him. Do what you need to do for yourself. Dont rely on your inlaws support chances are they will not accept you or your worries.

Answer 5

Actually it is not upon you how much you ask and how much you want..It depends how much he earns. Plus there are Women cells in most of the cities these days to prevent crime against women. I wonder from which city you are..

Answer 6

Too bad - sounds like u are after the money though!
Why dont u get urself a lawyer and ask him these questions?!