Legal Question in Criminal Law in India
i am married for last 7 years . my wife is harrasing me for last 6 years . i have done every thing to please her but she is still in mood to harras me. i am a govt. servant. i am giving her 10000 thousand rupees to her every month and we are living together . she thretens me for filing case u/s 498a. can she do this now also when it has been mpre than 7 years of marriage?
5 Answers from Attorneys
7 years old marriage is no defence in 498a case but is a defence under section 304 B. however, as she is living with you, you have a good chance to patch up.
yes she can file 498A
Regarding the threat of filing FIR u/s 498A against you, if she files a complaint against you either with police or in court, you will have to take bail from the court and will have to undergo the entire process. During investigation, if the investigating officer is satisfied that there is no merit in her complaint, he can submit a file a report for closing the case too.
If you feel that there is no fault from your side and she is willingly harrassing you, , you may file an informatory petition in the court of judicial magistrate/CJM concerned with help of a local lawyer so that in case of her lodging a complaint, it wouldbe beneficial to support your version.
If the problem is serous enough, there are grounds for you for seeking divorce u/s 13 of Hindu Marriage Act. But you yourself should weigh the situation and take apprpriate action.
I think you should try for a conciliation with help of a professional conciliator and settle the diffrences between you.
A case under section 498A may be filed by at any time.
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