How can I save my marriage in this case


Iam . 1year back I got married on 2 nd feb 2017.But marriage is not registered. She lived with me for 2 months in Hyderabad . After that she got job and she is working in vijayawada living with her father. Now due to family diputes she is not talking with me. But Iam verymuch interested with her. If she files a case of 498a on me. Is it valid case.?


Answers (4)

Dear,

Now a days it is difficult to get an FIR registered under 498A IPC even when husband and wife are living together. As you said that your wife left you after 2 months of marriage, there is hardly any ground for her to file a complaint and get the FIR registered. If at all, she lodges a criminal complaint against you, the police have to forward the complaint to family welfare committee and they will conduct an inquiry into the veracity of the allegations and if there is any ground or necessity for registering an FIR, they will send a report to the police which in turn will register an FIR. After this, police will send you a notice and you can appear before the police and take station bail and you are free till charge sheet is filed and once the charge sheet is filed, contest the trial and get acquitted from the case. As you said that you want your wife then without thinking about her lodging a complaint against you, send a notice to her through a lawyer and ask her to come back to you. If she doesn't come, file a petition for restitution of conjugal rights in the family of jurisdiction.


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

Hi according to your query you file first Restitution of conjugal rights that is the Under Hindu marriage act 1955 gives you remedy in the form of section-9, this section reads if any of the spouses withdraw from the society, then the aggrieved party can file this petition, so do not worry about this you file the case in your jurisdiction court, and before filing the case take the evidences in which organisation she is working and submit all those details in the court also, so that further she can not claim maintenance from you, and coming for the section 498a, if she files the case also it can not be withstand in the court.

Popular Divorce Lawyers

Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
19 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
32 years Experience
Advocate Saifuddin Saifee
Maharani Road, Indore
18 years Experience
Advocate Wg Cdr Ajit Kakkar (Retd)
Dwarka, Delhi
19 years Experience

Even though she is living apart since long time she can file a case under section 498A, but the same must be proved. Before she file a 498 A case or any other relief/ claim better u file a petition for resolution of conjugal rights before the family court.

Hello you are not clearly stated that your marriage is love marriage or arranged marriage? You are also not stated that what is family disputes between you are with her family? But if you interested with her what steps you have taken? Ple clarify then only I will clarify whether she files a case of 498 A valid or not?

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. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.

Related Articles


"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Legal Services

Legal Notice / Reply to Legal Notice for Divorce

4.6 | 45 ratings
30 Min Intro call + Start to finish help
60 Min Marriage / Relationship Counselling Session by Phone

No Ratings
60 Min telephonic counselling session with an expert relationship counsellor
15 Minutes Divorce Advice Session by Phone

4.8 | 371 ratings
Ask questions and get advice from a local experienced advocate on divorce and separation
Court Marriage

4.8 | 94 ratings
Work with a local experienced family advocate to guide you through your court marriage.
File for Mutual Divorce

4.8 | 241 ratings
Get hassle-free mutual divorce for both Indian and NRI couples through experienced lawyer in your city
Marriage Registration

4.8 | 170 ratings
Get your marriage registered through an experienced local advocate in the city of your residence
Similar questions

I have been married to my husband for 22 years now. Before this marriage, I was engaged to a man in 1982 and that engagement was called off in 1987(ni…

Read More

sir/ madum. is it sufficient to get wife permission on notary bond that she gives me the permission for 2nd marrage for sequre my future? now she oral…

Read More

Husband sent divorce papers through Islamic court n stamp papers with two witnesses it’s talaq bayani means 1 talaq in one month with iddat amou…

Read More

Meri shadi arya samaj mandir me 1 saal phle hui thi..lekin kisi problem ki wjha se me wo shadi register nahi kara payi..to kya bina shadi register kar…

Read More

Talk to a lawyer for your legal issue