Legal Question in Family Law in India
Family Law
I suspect , my wife may file a case against me u/s 498a &
for domestic violence . Is there
any precuation or preventive measures to save or to counter this . Can I file a divorce case or tortures cruelities case against my wife in advance before she
file her case will help me ?
Another question is that ,
wheather my wife is entitled to get maintainance if she
file a case u/s 498a ?
7 Answers from Attorneys
Re: Family Law
before that get a Anticipatory Bail. save yourself!
Re: Family Law
as per the prevalant laws you may not get ACTUAL benefit from whatever u do in such cases. But ... any step taken by you will certainly be "something better then nothing."
divorce petition is not a bad idea to take precautions.. but it has to be seen what is the real position and for that i will advice you to consult a lawyer before moving any step.
YES she is entitled to claim maintainance, however the quantum and favourablity will depend on circumstances.
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Re: Family Law
Ther are preventive measures but it will require details of facts and personal meeting. Details of precautions are not possible in such short space.Contact me on my mobile.
Re: Family Law
legally speaking there are no measures which could help you immedieatly in the case under section 498-A. You may file some police reports, but even that also require personal meetings and perusal of facts.You can file a petition for divorce as asked by you, but earlier filling will not be of much help in case u/s. 498-A. It all depends upon the merits of the case. Bad news she is entitled to get maintenance even if she files a case u/s. 498-A. There is no escape unless she is financially independent.
Re: Family Law
Filing of complaint u/s498A or under domestic violence act by your wife against you, is legal remedy given by legislator hence you cannot stop her.
Pecuation or preventive measures: If there is any threat by your wife than in anticipation you may complain to the police authorities.
You have every right to file divorce case against your on grounds cruelty.
Your wife is legally entitled to claim maintenance in the event of filing case under u/s 498A. For Furhter query you may contect me.
Re: Family Law
Wife is entitled to claim maintenance at any time agsinst her husband.
If you want to file compliant before she files that you can do so.
You cannot prevent your wife from making complaints, and as a precaution you can take anticipatory bail.
Re: Family Law
the basic issues are : when was the marriage solemnised? what are the possible allegations against you;
I will offer u advice after knowing complete facts.
As regards your question, the answer is yes. she is entitled to maintenance after filing complaint u/s 498-A.