Basic safety and precautions
Keep documents out of reach of your wife/other party.
Collect your important documents like passport, educational certificates etc and move to a safe place – a bank locker, parents’/ friends’ house etc. In any case, keep them locked if they are at home and your wife is staying there too. The reason is that many a time wife can allege something in her complaints and request court to impound husband’s passport. The other possibility is she may steal them and use that as bargaining chip later. She may give it to court to be impounded etc.
498A & Divorce
Man should not file for divorce.
Many men may be living in unhappy marriages, or wife may already be separated for long period. It may lead to thinking that the wife also wants divorce, so filing divorce on some grounds like desertion etc may be valid. The problem with this approach is that laws and socio-cultural system are not favourable towards men seeking divorce. Many 498A cases are immediately filed by wives/other parties when men file for divorce or separation. Unless you want to really get divorce and don’t mind a 498A on the way!
Do not settle for divorce without 498A being settled
One should not try to hurry and get divorce with 498A still pending.
http://groups.yahoo.com/group/saveindianfamily/message/135654
http://groups.yahoo.com/group/saveindianfamily/message/135690
These links are not having any relevant data !! or rather one can say no data at all related to 498A
For now, I have removed the links. Maybe will update when I get more time. Other points remain as valid today as they were 10 years back.
You can refer to other articles on this site (see Important Posts in sidebar etc) to get an idea of how to tackle various false cases including IPC 498A.
Wife threatening for 498a, 125 crpc etc , present staying together with 2 male son’s,since 15 yrs of matrimony,I’m retired from govt job with 2500₹ pension .
Can she do this n get part of my pension .
Yes, legally she can ask for maintenance from your pension amount also. If sons are staying with her, then she can ask maintenance for them too till they attain majority, viz. 18 years of age.
Do not settle for divorce without 498A being settled – Why should you give divorce ? Donot settle at all. No 498a settlement and no divorce settlement until 498a acquited. Why play the pressure game according to their terms ? Win 498a at all costs ! Expose the misuse is primary objective. File for defamation. Defamation win is your ticket to peace of mind in this life.