Legal Question in Criminal Law in India

Greetings !

I am another victim of 498a. Hereby putting the incidents and request for your kind guidance to get rid of this and if possible use the same against my wife.

1. I was marrined in Mar 2008. In Feb2009, my wife with her mother-father threatened me that they file complain under 498 if I do not remove my mother out of house and add her name on the property(flat), which is taken by me on Home loan. At the time my one sis was in advance stage of pregnancy and other sis was just married(1 month). Due to apprehension, I filed anticipatory bail application. The said application was rejected as my wife opposed the same. She also got the resedential ex-party order under DV act in Feb 2009.

2. As relation were over and my wife had terated me with lots of cruelity (also marriage wasnt consumated). I filed a divorce petition in Mar 2009.

3. She kept filing one or the other application under DV and delayed the case. In Mar 2010, she tried to kill my mother and an offence was regeistered under 324. Considering the same Session court was pleased to cancel her residence order and asked me to pay her 5000 for rent as&even she was earning 25000 pm.

4. After that, She filed a 498a in Jun 2010. The case is yet to start.

Please guide and help.


Asked on 6/08/11, 7:36 am

4 Answers from Attorneys
Professor SOMNATH MUKHERJEE MUKHERJEE ASSOCIATES(Cell +91 9874753359/ 9477781578)

you case need a details discussion so contact with me in my number 09874753359

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Answered on 6/08/11, 7:41 am
Shrichand Nahar S.V.Nahar, Advocate

Before commencement of trial, what is the allegations in FIR or complaint is seen. If those allegations constitute an offence prima facie, then matter will proceed further.

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Answered on 6/08/11, 10:19 pm
shiv shakner saini saini law

1) I don't understand when she tried to kill your mother and an offence was regeistered under 324 why? this section is not for said purpose.

2) If you can prove that she is earning 25000 pm then court may wave order of rs 5k.

ARE you from tamilnadu or kolkatta? you may call me

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Answered on 6/09/11, 9:33 am
Sanjay Kalra Sanjay Kalra & Associates

What guidance you need . You already have lot of things happening in your life. Your divorce is pending , your wifes DV act and Criminal case pending. What is your income ? Please clarify.

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Answered on 6/09/11, 1:34 pm


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