Legal Question in Family Law in India
withdrawal of 498a
i had filed 498a in 2003. my stridhan is with my husband. my husband refuses to give it to me.can i quash 498a without geting my stridhan or compensation for it?my husband has filed for divorce.we have a 8 yrs old daughter whom he has not seen since 6 yrs.he has filed for visitation right.
4 Answers from Attorneys
Re: withdrawal of 498a
Yes,you can. It depends upon your wishes.You may file recovery suit for your stridhan.
Re: withdrawal of 498a
you can do everything u want ..... restrictions are for men only.
Re: withdrawal of 498a
498A is basically a criminal section, so it has nothing to do with recvoery of stridhan, or compnesation, however, many a times, court acting libearlly and out of course, orders husband under this section to return stridhan and also give some compenstation.
But for u adequate remedy is to approach family court, where in your grivience will be adequatly redressed, and ur husband will get good lesson.
Moreover, so far so, visitim rights are concerned, you have good case to deny him this right.
Feel free to contact.
Re: withdrawal of 498a
THERE IS no point for you to seeking quashing of the FIR lodged by you; rather you should press for return of your istridhan and custody of your child;
about divorce you may decide whether you want dissolution of marriage or not; in any situation you should be adequately compensated in terms of maintenace for you and the child.
for better opinion, please write detailed facts. NO CHARGES.