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Legal recourse against wife threatening with 498 IPC charges
15-Jul-2023 (In Criminal Law)
I had marriage 1 year ago. After 8 Months of marriage i had known that i had Chronic kidney disease stage 5 which need kidney transplantation to be cured. At that time i gone through huge depression. At that time my wife to return back to her home. so that she can remarriage.She and her relative demanded alimony for her to do second marriage 12 lakes and 240 grams gold as permanent settlement or other wise they will file case on me and my family members .My disease is curable. Already we had given 240 grams and 6 lakhs. I had known that it will take minimum 12 lakhs for my operation and dint know how much extra for medication. I had expressed the same and informed my reluctance to give any more money. I dont have money to give her and operation for me at same time. Now she and her family threatening us by calling us with Polices that they are planning to filling 498. What can be the legal recourse?
You are not mentioned about the dowry how much you have taken. If you have taken 12 lakhs then their demand is justifiable. You can approach for Anticipatory bail showing your medical documents. If the situation is grave then you can file case against her for extortion of money (Sec 385) , cheating (Sec 420) and common intention (sec 34) of IPC.
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Adv. Sanjeevi Krishna Rao
Visakhapatnam | 200+ Answers
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Immediately file restitution of conjugal rights and also give notice to her to come and join the matrimonial home and protect yourself once you got a defense and interest in continuing conjugal life with her you need to implement it. it is the legal recourse
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Adv. Innamuri Balasubramanyam
Rajahmundry | 500+ Answers
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Dear Sir,
If your wife and in-laws lodge any complaint with the police and the police register FIR under 498A IPC, obtain anticipatory bail and thereafter, upon filing the charge sheet, face the trial on merits. Don't file any cases on them at this stage. This may prove counter productive to you.
If your wife and in-laws lodge any complaint with the police and the police register FIR under 498A IPC, obtain anticipatory bail and thereafter, upon filing the charge sheet, face the trial on merits. Don't file any cases on them at this stage. This may prove counter productive to you.
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Adv. B. Srikiran
Hyderabad | 500+ Answers
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Let them file cases. You prepare your mind to contest the cases. Court will. Now allow you to die. There are chances of your recovery and leading a married life. When someone donot want to continue the marital tie let her go for divorce. Though you are bound to pay permanent alimony and maintenance. But your condition and capacity would be considered. Had you taken any proof of payment of RS.6 lakh etc from her. Keep to file in court.
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Adv. Mustafa Ali
Hyderabad | 100+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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