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Wife threatening to file 498a and DV case
11-Oct-2023 (In Divorce Law)
I am posted in Jharkhand and my wife is from Delhi. She doesn't want my parents to live with me, hence she and her family is trying to file a false 498a with DV. They have already filed CRPC125 on me. The case is filed in Delhi Karkardooma court. I was called couple of times in women cell. In the last meeting they tried to hand over stridhan list to me which I refused to accept. The next meeting is in 10 days. I have following questions, 1) At the next women cell meeting if they give me stridhan list again, will the counseling stop and the next step is an FIR? If yes, how many days does it take before they can file an FIR against after the meeting? 2) Also if we apply for anticipatory bail, after they file the FIR, how many days will it take before we can get the bail? 3) My wife and her family has a lot of high connections, can they use their power to bypass the law and affect me getting the anticipatory bail? If yes, is there anything I can do to prevent it? Thank you.
Normally, no husband would tolerate this and no son would like to be separated from his old parents and other family members, who are also dependent upon his income, the Bench said.
The Supreme Court of India in Narendra vs. K.Meena has held that persistent effort of the wife to constrain her husband to be separated from the family constitutes an act of ‘cruelty’ to grant divorce.
The Bench comprising Justice Anil R. Dave and Justice L. Nageswara Rao also held that leveling of absolutely false allegations with regard to extra-marital life and repeated threats to commit suicide would also amount to ‘mental cruelty’. The Supreme Court set aside a High Court judgment which had reversed the Trial court order granting divorce to the husband on ground of cruelty.
Repeated threats to commit suicide
Observing that repeated threats to commit suicide amounts to cruelty, the Court observed: “No husband would ever be comfortable with or tolerate such an act by his wife and if the wife succeeds in committing suicide, then one can imagine how a poor husband would get entangled into the clutches of law, which would virtually ruin his sanity, peace of mind, career and probably his entire life. The mere idea with regard to facing legal consequences would put a husband under tremendous stress. The thought itself is distressing.”
Forcing separation from parents
With regard to allegations of cruelty in wife forcing husband to get separated from his parents, the Bench observed: “In normal circumstances, a wife is expected to be with the family of the husband after the marriage. She becomes integral to and forms part of the family of the husband and normally without any justifiable strong reason; she would never insist that her husband should get separated from the family and live only with her…. If a wife makes an attempt to deviate from the normal practice and normal custom of the society, she must have some justifiable reason for that and in this case, we do not find any justifiable reason, except monetary consideration of the Respondent wife. In our opinion, normally, no husband would tolerate this and no son would like to be separated from his old parents and other family members, who are also dependent upon his income.”
Wild allegation of extra marital affairs
The Court also observed that to suffer an allegation pertaining to one’s character of having an extra-marital affair is quite torturous for any person – be it a husband or a wife.
Restoring the judgment of Trial court and setting aside the High Court judgment, the Bench said: “The behaviour of the wife appears to be terrifying and horrible. One would find it difficult to live with such a person with tranquility and peace of mind. Such torture would adversely affect the life of the husband.”
The Supreme Court of India in Narendra vs. K.Meena has held that persistent effort of the wife to constrain her husband to be separated from the family constitutes an act of ‘cruelty’ to grant divorce.
The Bench comprising Justice Anil R. Dave and Justice L. Nageswara Rao also held that leveling of absolutely false allegations with regard to extra-marital life and repeated threats to commit suicide would also amount to ‘mental cruelty’. The Supreme Court set aside a High Court judgment which had reversed the Trial court order granting divorce to the husband on ground of cruelty.
Repeated threats to commit suicide
Observing that repeated threats to commit suicide amounts to cruelty, the Court observed: “No husband would ever be comfortable with or tolerate such an act by his wife and if the wife succeeds in committing suicide, then one can imagine how a poor husband would get entangled into the clutches of law, which would virtually ruin his sanity, peace of mind, career and probably his entire life. The mere idea with regard to facing legal consequences would put a husband under tremendous stress. The thought itself is distressing.”
Forcing separation from parents
With regard to allegations of cruelty in wife forcing husband to get separated from his parents, the Bench observed: “In normal circumstances, a wife is expected to be with the family of the husband after the marriage. She becomes integral to and forms part of the family of the husband and normally without any justifiable strong reason; she would never insist that her husband should get separated from the family and live only with her…. If a wife makes an attempt to deviate from the normal practice and normal custom of the society, she must have some justifiable reason for that and in this case, we do not find any justifiable reason, except monetary consideration of the Respondent wife. In our opinion, normally, no husband would tolerate this and no son would like to be separated from his old parents and other family members, who are also dependent upon his income.”
Wild allegation of extra marital affairs
The Court also observed that to suffer an allegation pertaining to one’s character of having an extra-marital affair is quite torturous for any person – be it a husband or a wife.
Restoring the judgment of Trial court and setting aside the High Court judgment, the Bench said: “The behaviour of the wife appears to be terrifying and horrible. One would find it difficult to live with such a person with tranquility and peace of mind. Such torture would adversely affect the life of the husband.”
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Adv. Kunal Madan
Delhi | 25+ Answers
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What is the role of CAW cell?
Description in brief. Crime Against Women Cells (CAW) are located in district police stations and victims can directly contact them. There are CAW Cells in each district, headed by an Assistant commissioner of police who handles complaints of violence against woman.
What is the process of CAW?
The process of carbon arc welding produces metal coalescence by heating the metal with an arc.
What is the list of stridhan?
Streedhan is the collective term for all gifts, ornaments and cash that a woman may receive from her friends and family, before, during and after marriage, childbirth, and widowhood. This includes gifts from both her family and her in-laws. 21-Feb-2022
What proof is required for stridhan?
Stridhan includes any property that was left to her in a will, either by her father or husband, or by another family member. It is not a legal document nor does it have any form of documentation. There was no registration that would label her assets as Stridhan.
sir, firstly you need not to worry much as these days these cases are very often and secondly u can apply for anticipatory bail as u get to knw that fir is registered against you . Nowadays getting anticipatory bail in 498a is not that much hard . High connections are nothing if u r having a good legal advisere as nothing is above law. Rest you contact me on my mail or number and do tell me the complete facts of the case then only will be able to help you out properly.
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Adv. Saajan Rathi
Delhi | 25+ Answers
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Hi,
After accepting the list, the counselling will not stop. You will be asked to file its reply. Just after apprehending FIR/arrest, you must apply for anticipatory bail and it would take some time depending on the court. However, the connections they may have, they can't buy law. You need to proceed bravely.
After accepting the list, the counselling will not stop. You will be asked to file its reply. Just after apprehending FIR/arrest, you must apply for anticipatory bail and it would take some time depending on the court. However, the connections they may have, they can't buy law. You need to proceed bravely.
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Adv. Ganesh Singh
Delhi | 500+ Answers
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Sir, to answer your questions directly please note: No, counseling need not necessarily terminate on the next date and FIR may be registered immediately on failure of reconciliation proceedings; the court may grant interim protection from arrest on the first hearing itself at its discretion; your question regarding your wife's power & influence cannot be discussed on this platform
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Adv. Rajat Joseph
Delhi | 200+ Answers
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