Tuesday, August 16, 2011

Harrasment by husband. Filed 498a. But I want to live with him as I still love him

Your marriage which was not but after your filling a criminal complaint under section 498A of the Indian Penal Code for Cruelty & dowry demand etc against your husband has been broken down irretrievably. The irresponsible manner in which nowadays wives go & file false criminal complaints against their husbands & other relatives under the Dowry Prohibition Act & section 498A I.P.C. etc has been instrumental in breaking their matrimonial home. While these provisions of law were told you did not your lawyer/advocate tell you that what will be consequences if the criminal complaint fails in the prosecution of the accused & holding them guilty for the said offence? In the heat of the moment you commit such mistake & afterwards you repent. Most of the cases regarding matrimonial disputes are being spoiled by lawyers by wrongly advising their clients for such drastic steps when other simple & civil ways are available with them to settle such disputes. Every wife who has some sort of matrimonial discord with her husband goes in for dowry demand & cruelty issues even if there was nothing such at the time or afterwards in their marriage, but as the trend goes each & every disgruntled wife wants to see her husband & in laws behind the bars what may come. After few months when things cool down as in your case such wife wants to return back to her matrimonial home again. Do you think that now out of court your husband has shown his intentions very clearly that he is no more interested in you & continuing any more relationship with you will come for any compromise on this issue? Even if you request the High Court of the State where your criminal complaint is pending to quash this criminal complaint as you cannot withdraw this criminal complaint nor it can be compromised as this being made for offences which are non bailable, non compoundable in nature & only the High court can quash these under its inherent powers (U/S 482 Cr.P.C), do you think your husband will resume conjugal relationship with you? No, you have closed the door for all sort of compromise. Rather your husband will say let the criminal complaint against be tried till the end & then only this be decided what should be done in this case. The court cannot force your husband to give you divorce or keep you with him that is entirely his own wish to do so. He will neither give you divorce nor agree for keeping you with him, he will try delaying all this knowing it well now at 24 years you will get another husband but after 10 years you won't be able to get one so easily considering all your past history of litigation against the previous husband for criminal complaints, even if now you may say you don't want to remarry. You spoiled your life listening to foolish lawyers who misguided you for all this rather compromising your matrimonial affairs on the first step either by settling for reunion or divorce by mutual consent, but these lawyers were more bothered about their professional fees which they knew was more by asking you to go in for criminal complaints & all such frivolous litigations. I’m feeling really sorry for you & all other such married ladies who read this question & my reply herein. Edit: All the details you provided afterwards regarding maltreatment by your husband, his both physical & mental torture as you state etc, your informing the police regarding all such activities & then this criminal complaint filled by the police against him. Now whatever you state here I don't contradict your details but here again this issue of going to police & then waiting for some sort of counseling to take place between you to finally reuniting both of you , but all this either not happened or failed. You still love him and you want to forget & forgive all his misconducts or maltreatment, well this point will be great significance but do you think by your making such statement in the court, your husband will take you back & resume the conjugal relationship with you? I don't think so, the very fact when before the marriage when his demand for money etc started you should have put an end on the very first such demand, refused to continue this marriage proposal then & there itself, you failed to act then & now after a year or more after the marriage & lot of things happening you still seek compromise with him for restitution of conjugal relationship. This shows your immaturity & nothing else. What I suggest to you here as a Daughter (your are of my own daughter’s age) to forget this man, rather try out for dissolving this marriage by divorce by mutual consent, whenever the next date of hearing take place in this section 498A I.P.C. case go to court & tell the presiding officer/judge in the court your intention to compromise with this man only on one point which is divorce by mutual consent, no more continuing of this marital relationship considering the previous behavior & maltreatment by this man, if he agrees for it, you can move the High court for quashing this complaint against him otherwise let things continue as they are. Just forget him for ever as this marriage won’t work any longer. Edit:- You definately claim all your Stridhan which you brought at the time of marriage as that is your exclussive property. As far your intention of calling it a day in this 498A IPC case is concerned ,that I have already explained is not in your hand, you can move the High Court & request for quashing of the Criminal Complaint under section 482 of the Criminal Procedure Code & it will be the under its inherent powers of the High Court to allow your application for quashing this Criminal Complaint against your Husband & in laws or not,keeping in mind all facts and cirstances of this case.

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