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498A case no witness can it affect our case and can son get property
19-May-2023 (In Divorce Law)
Hi,I filed a 498A on husbnd and in laws.Please advise. 1.Though they have harassed me severely,it was done through calls to husband's phon and only proof I have is online money transfer to my husband.husband and hisfather came to our house and resorted to physical violence against my parents.only witness is our uncle,will it suffice? 2.husband has tortured me severely(claimed to commit suicide from 6th floor of a building,went into a room locked it and began banging the wall,burnt a spatula claiming to burn his tongue,wrote a letter with blood) apart from slapping when I was pregnant.The only proof I have is the letter.is this evidence for 498a? 3.A constable conducted investigations and none of neighbrs claimed to hear any dispute since it happened in middle of night. Will it have effect on case? 4.I work,in case of divorce will my son get any part of property from them? If the case is not proved,then what will happen if we are not willing to appeal in higher court.
Dear Client,
There may not be any proof to witness torturing wife by husband. Wife`s strong testimony is sufficient. Relatives evidence may be considered. You can proceed by filing criminal cases against your husband and in laws. Your son will get share. But you must file a civil suit for getting share of your son before your husband and his parents screen the properties.
There may not be any proof to witness torturing wife by husband. Wife`s strong testimony is sufficient. Relatives evidence may be considered. You can proceed by filing criminal cases against your husband and in laws. Your son will get share. But you must file a civil suit for getting share of your son before your husband and his parents screen the properties.
Helpful?
34+
34+
Adv. Sistla Rama Krishna
Vijayawada | 400+ Answers
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Hi
1) The online transfer is sufficient proof of payment of dowry.
2) For torture - your uncle is a good witness.
3) the letter of your husband is also a good evidence.
4) Even if you work, your husband is required to give you and your son maintenance.
5) Your son and yourself are entitled to claim a share in properties(1/3rd for your son and 1/3rd for you) of your husband.
6) In general from what you said in your query, you WILL WIN your case. In the most unlikely event of you losing at trial court (which is almost next to impossible) you can appeal in the high court as we believe from the contents of your mail that you have a very very strong case.
1) The online transfer is sufficient proof of payment of dowry.
2) For torture - your uncle is a good witness.
3) the letter of your husband is also a good evidence.
4) Even if you work, your husband is required to give you and your son maintenance.
5) Your son and yourself are entitled to claim a share in properties(1/3rd for your son and 1/3rd for you) of your husband.
6) In general from what you said in your query, you WILL WIN your case. In the most unlikely event of you losing at trial court (which is almost next to impossible) you can appeal in the high court as we believe from the contents of your mail that you have a very very strong case.
Helpful?
28+
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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Hi,
You said that you have filed 498A case in that you have to establish with evident proof that you have been harassed for dowry and physical assault was done on you by your husband and his family members who are the accused in the case filed by you . Divorce is another thing for which you have to file a separate case and your son will be not entitle for any right in the property if your husband is not willingly. If case is not proved then it ends their itself until you appeal to higher court. For further clarification call us through the website .
You said that you have filed 498A case in that you have to establish with evident proof that you have been harassed for dowry and physical assault was done on you by your husband and his family members who are the accused in the case filed by you . Divorce is another thing for which you have to file a separate case and your son will be not entitle for any right in the property if your husband is not willingly. If case is not proved then it ends their itself until you appeal to higher court. For further clarification call us through the website .
Helpful?
33+
33+
Adv. Mohammed Abdul Quadeer
Hyderabad | 400+ Answers
CONTACT NOW
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