Legal Question in Criminal Law in India

info needed

Respected advocates,

We are both hindu and got married under hiindu marriage act.I live in hydrabad and working there.One month ago due to quarell she left my home AND went to her parents house in pune. and i told her i want to divorce her.Now she has inform me whe wants to come back.I have decided to move out to some other accomodation and left my accomodation for her stay.But i have decided to take all furniture and utensils with me.I am ready to provide her rent for the apartment but other than that she will have to arriange other thiings for herself.I can give her money but will not leave anything for her.

But can she file 498a against me if i do this?I am ready to pay her rent and give her money to support herself.But will take away everything with me ex-bed,TV,Telephone,iron,computer,utensils etc.If i do this will 498a be maintanable?


Asked on 3/16/09, 4:42 am

5 Answers from Attorneys

Pranav Desai PD Legal & Associates

Re: info needed

yes 498A can be initiated.

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Answered on 3/17/09, 1:18 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: info needed

if possible solve the matter amicably.

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Answered on 3/21/09, 8:06 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: info needed

Hello

Good Afternoon!

In your case you may be charged with cruelty and proceedings u/s 498-A can be initiated.

In case of need please contact personally.

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Answered on 3/17/09, 6:48 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: info needed

Yes, you will be guilty of "cruelty" if you persist with your egoist behaviour and she may initiate criminal proceedings u/s 498-A as also under D.V.A.

The 498-A and DVA may be maintainable and you may land up in jail.

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Answered on 3/16/09, 5:16 am
Shrichand Nahar S.V.Nahar, Advocate

Re: info needed

498A is for cruelty and providing and not providing with flat with or without furniture/utensils may not be the only ground for initiating or not initiating 498A.

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Answered on 3/16/09, 5:35 am


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