In how many days wife can file 498a against husband

1. My cousion living seperartly from her her husband since last one month due to dowry & physical harrasment. Her husband cobtibusalt continues ly demandes divorce . 2. Whether she can get money expended by her parents in marriage. (Strudhan??) By mutual consent divorce. 3. In how many days she can file 498a etc. 4. If she & her husband starts living seperatly from her in laws: A. Her in laws will start demandng dowry again. B. As per A also start demanding money for her husband younger brother & sister marriage.. & security from dowry physucal harrasment from husband& in law

Answers (3)

270 votes

You have raised many questions in this query, while certain questions seem to be contradictory, I will try to answer most of your queries.
1. Wife has full right over her Stridhan, and even if couple seeks divorce by mutual consent, she can demand Stridhan and seek maintenance and alimony as condition for Mutual Consent Divorce. Stridhan is different from Dowry items, & wife can demand all items to be returned, whichever her parents gave at time of marriage.
2. In the event wife wants to file compliant under 498A, she needs to approach Woman Cell, or nearest police station, and FIR is registered only after preliminary investigation conducted by authorities, and woman cell shall try reconciliation between husband and wife, and if husband is adamant, FIR may be registered.
3. IN the event IN laws continue demanding dowry, Woman has option to file complaints before Woman cell in addition to file compliant under domestic violence act against husband & in laws. For filing compliant under domestic violence act approach some lawyer, or meet protection officer of your city. You may get details of protection officer on internet.
4. Under Domestic violence Act woman can pray the court to restrain husband from doing physical violence to Wife, and direct protection officer to ensure the same.

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142 votes

legally speaking, there is no limitation to file 498 A.

Wife can file it anytime, but now a days court courts are bit soft against in laws and generally ask wife for delay of so many years to file the 498 A.

Stridhan is her right, she can claim any time. and if the case is properly drafted than she can book the in laws also

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246 votes

Dear client,
She can file complaint under section 498a any time, there is not any time limit.
If she goes for mutual consent divorce she can claim permae alimony from her husband.
I suggest you to file 498a complaint and also file maintenance case to make pressure on him and then settle the matter and go for mutual consent divorce.
Also, it is always better to consult any lawyer properly.
I also advise you to try to settle her with her husband.
For further clarification you can call me.

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