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You are here: Home » 498a Judgments » Basic do’s and don’ts for 498A etc

Basic do’s and don’ts for 498A etc

1 Aug 2009 By videv 3 Comments

Basic safety and precautions

Contents hide
1 Basic safety and precautions
1.1 Keep documents out of reach of your wife/other party.
1.2 498A & Divorce
1.2.1 Man should not file for divorce.
1.2.2 Do not settle for divorce without 498A being settled

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.

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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

From SIFF group (Jul09): Generally, it has been observed that women mostly file 498A to get a favorable divorce/settlement. In such a case divorce should never be granted. Read details on link at http://groups.yahoo.com/group/saveindianfamily/message/135654.

Read another case here where girl side has in fact agreed to not take any money: http://groups.yahoo.com/group/saveindianfamily/message/135690 but still it is not advisable to give divorce without 498A being withdrawn completely.

READ:  Patna HC acknowledges bail scam in IPC 498A, grants anticipatory bail under CrPC 438 to husband

Links to Free eBooks

1. Download my free PDF eBook Surviving the Legal Jungle

2. Read this FREE eBook written by fathers involved in child custody issues (Read Online) (PDF book)

3. How to Fight and Reduce Maintenance under CrPC 125 and DV Act (Read Online)

Links to Paid eBooks/Books


1. How to Fight and Reduce Maintenance under CrPC 125 and DV Act (Digital eBook) (Print Paperback)

2. Self-study Book on Divorce for Men (Digital eBook Only)

3. Alimony and Maintenance under Hindu Law (Digital eBook) (Print Paperback)

Related Posts

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Filed Under: 498a Judgments, 498a Tips Tagged With: Commando Strategy

Comments

  1. MD Tahir says

    April 27, 2019 at 4:11 pm

    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 .

    Reply
    • videv says

      May 10, 2019 at 3:06 pm

      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.

      Reply
  2. Never marry. Be happy. says

    August 2, 2009 at 12:43 pm

    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.

    Reply

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