What can be disadvantages for a wife if she files 498a
18-Sep-2023 (In Divorce Law)
met this guy through a matrimonial site and he convinced me for marriage.Since iam 35,i told him before marriage only that i will not be a working wife&focus on having a family, Upbringing the kids. So i will depend on him financially. He promised me to give me 10000rs every month. Since marriage, he started misbehaving with me with no reason. Abusive language for me n my family because he was not satisfied with wedding arrangements& gifts. Doesn't take me out anywhere. Keep me in the house and satisfy himself whenever he wants.Doesn't give me any money. I feel cheated.what can be my steps. I can't stay with Him
As you are a legally wedded wife of the person mentioned above ( your husband) if you are not happy then you can file a CAW complaint against him for harassment and torture u/s 498A. in the mean time you can file a case for maintenance under section 125 Crpc and get an interim orders passed.
You can file a case under section 498A of the IPC, 1860 for cruelty which provides as under
Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be pun¬ished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.—For the purpose of this section, “cruelty” means—
(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.]
Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be pun¬ished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.—For the purpose of this section, “cruelty” means—
(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.]
Look, prior your marriage, he promised to give you Rs.10000/- per month was your internal matter. At present and after your marriage, if you suffer ill acts from your present husband, then you lodged written complaint against him and after it you can claim maintenance from your present husband for yourself from the Court.
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