627+ Lawyers are online 
How to protect myself from fake 498A case
18-Mar-2023 (In Divorce Law)
My friend, the man is a benevolent person. Out of compassion he married a divorcee. The wife has a history of mental imbalance. The wife is heavily influenced by her mother. The wife complains of domestic torture in the event her mother in law entered her bedroom without knocking. The wife leaves the man to start living with her mother. The wife demands that the man has to leave his parents and start living with the wife and with the wife's family. The wife and her mother has withdrawn a large sum of money from this poor man's account. The man has no access to the wife's medical records that could be used to prove the mental instability. Questions: 1. How is the man protected if the wife conspires a fake 498? 2. What precaution the man can take to stop any unlawful or lawful but unfair extortion by the wife ? 3. Is alimony mandatory? The wife and her family are after the money and the aforesaid incident happened within 1 year of marriage (inconsummate).
A lot of things need to be taken into account as maintenace case if filed , husband will have to pay it. If wife refuses to stay with hindu son a higher court has stated it is a ground for divorce. At the most the husband need to file a detailed general diary before the local police stations.
Helpful?
16+
16+
Adv. Aveek Bose
Kolkata | 500+ Answers
Chat
Hello,
First, take anticipatory bail.
For his safety he should record all the threatening arguments, phone calls. Preserve messages and emails (if any) which will favour his case.
If she claims alimony he needs to provide that.
You mentioned that the marriage is not consummated. If so, it can be declared as voidable marriage and can be annulled, if fulfills certain conditions. But it should be discussed in detail.
First, take anticipatory bail.
For his safety he should record all the threatening arguments, phone calls. Preserve messages and emails (if any) which will favour his case.
If she claims alimony he needs to provide that.
You mentioned that the marriage is not consummated. If so, it can be declared as voidable marriage and can be annulled, if fulfills certain conditions. But it should be discussed in detail.
Helpful?
25+
25+
Before discuss relating to protection against 498 A or illegal practice of such type of women. First as the wife is a divorcee one. Therefore, it is easy to get history of herself from the previous family. so, at first please collect the entire family dispute and how it was solved. it is better ground against such women, if you proof that during first marriage she done same episode against her first husband and his family. Then Court can easily realise that, she is a person who can make false case against her in-laws with a view to earn money and nothing else.
Helpful?
12+
12+
Adv. Sanjoy Acharjee
Jalpaiguri | 400+ Answers
CONTACT NOW
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.
Connect with top Divorce lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
