Ravi 02 September 2015

498a -acquittal first time - second time

Dear Sir,

My wife filed 498a and DVC,MC cases on 8 members in 2013 , March. Due to their problems she didnt come for MC dates and hon'ble judge close that case as "uncontested-dismissed".

and DVC case withdrew by her( closed as "uncontested-dismmised as not pressed") and I was not attended the DVC that date.

my wife and I were decided to go for divorce and settled for some amount.

Finally, she hostiled in court for 498a and told to judge that "her elders were aked her to sign on 498a complaint without knew the content in that" and that same day one of witness from her side also told same thing and case was dismissed and declared as aquittal.

After all cases were disposed on Jan 2015, she was not coming for divorce and asking more money. because she came know that i have flat in in home town and asking more. Finally, I filed divorce case as contested on April 2015. now they are filing counter for that in next month.

Today, I got credible information like they are going to file 498a and DVC again. we are staying seperatley after cases are dismissed . actually,we are staying seperetly for 4 years (2 years before cases and 2 yrs after cases). Is it possible to file cases again on me and my family???
How can I use the previous cases judgements now? will those judgemnets are usefull? can I go for Quash in HC? Please help me.

Thanks

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8 Replies

(Guest)

can you prove that you live separately after filing first 498a till date ? if you can show that you live separately from wife after acquittal of first 498a till filing of the second 498a, then i think court can quash the 498a. your address proof might help you. besides your previous judgement will help.

DO NOT PAY ANYTHING IN ALIMONY / MAINTENANCE / SETTLEMEMT. YOU HAVE WON AND NOW ITS THEIR TURN TO PAY.

saravanan s (legal advisor) 03 September 2015

wait for the charge sheet to be filed and then apply for quashing u/s 482crpc by filing an application in the high court.

as far as 498a is concerned she can file it anytime, even after divorce on her husband so if she had accused you of cruelty under 498a during the time you were living seperately from her then you can attach proofs for the same along with the quashing application

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 03 September 2015

Your previous judgments are very good evidences. Please give an written complain to the police station to both your and her jurisdiction about the fact and ask the police to investigate that. Please attach the copy of judgment on that complaint.

You can approach HC to quash it (if filed) in-person. DVA is maintenable after 1 year separation since DV is applicable if there is domestic relationship. Please see the following link.

https://www.lawyersclubindia.com/forum/Recent-Judgement-on-DV-case-cannot-be-filed-after-one-year-separation-103875.asp#.VegYZiWqqkp

Please read each of my posts carefully in the following links for sample petitions and other necessary clues.

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

https://www.lawyersclubindia.com/forum/Why-speedy-trial-amp-perjury--124819.asp#.VbzWibOqqkp

https://www.lawyersclubindia.com/forum/Why-speedy-trial-and-perjury--124820.asp#.VbzWx7Oqqko

SAINATH DEVALLA (LEGAL CONSULTANT) 03 September 2015

Once someone is acquitted of all charges, he/she cannot be tried again hence no FIr can be registered either. However, if the allegations are fresh and subsequent cruelty then certainly she can file a case. But as you clearly mentioned that both of U are living seperately since 4 yrs, hence there would be no opportunity for you and or family to subject her to cruelty.

Even is she bribes the police and gets an FIR registered you can move high court for quashing of the case.

Adv.Saravanan is right in his reply.

Ravi 03 September 2015

Dear Arix, Saravanan S, Rocky Smith and Sainath Devalla,

Thankyou very much for your valuable suggestions.
I have been staying in bangalore for 2 years and my wife has been staying in her home town. how can I prove that we are staying seperetly.All my previous cases were closed on Janury, 2015.
Court sent divorce case summons to her home town address and she recieved that.Is it suffiecient to prove that she is currently in her home town and we are staying seperately?
thank you very much.

sridher (system analyst) 04 September 2015

go for quash and file defamation case

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 07 September 2015

By witness and circumstantial evidences and previous orders and judgments.

T. Kalaiselvan, Advocate (Advocate) 11 September 2015

She has rights to file the same complaint with fresh cause of action. Also it is not necessary that she has to stay in her parents house only after withdrawal of all her previous cases.Of Course since she is believed to be behind money you may better negotiate the issue and get rid of this menace once for ever.