Rakesh Kumar Verma (Executive Engineer) 21 June 2013

Wife filing 498a

My son who was a divorcee married to a divorcee on 05/07/06. She remained with us for 34 days till her father came for bidai on 09/08/06 (Rakhi) . In the evening her father started alleging us for harrassing her daughter. Both abused us and went back to Bilaspur( Home town). We investigeted abour her previous divorce and found that she lived with her previous husband for 15 days only and then filed 498a against him. Her previous husband filed divorce case on the basis of this ground and finally got divorce and was also acquited from 498a. It took us about 3.5 years to file divorce petition on 19/02/10. She replied on 26/03/10. and then filed 498a on 15/05/10 alleging that I with my wife,and my two sons visited her residence on 27/12/09 and demanded 2 lacks. We have sufficient proofs against this false case but getting punished physically, mentally and financially because Bilaspur is 600 Kms away and the brother-in-law of the daughter-in-law (also a witness in this case) being a High Court Advocate is creating all type of nuisences.

Kindly suggest us.

Rakesh Kumar Verma

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5 Replies

Adv Archana Deshmukh (Practicing Advocate) 21 June 2013

You will have to fight out the case, no escape from that. Most importantly you need a good clever advocate who would work without getting influenced. From the contents of the FIR if there are sufficiant grounds for quashing then, approach the high court otherwise fight out the case on merit.

k.kumar raja (advocate) 21 June 2013

advocate archana is right

Reformist !!! (Other) 21 June 2013

Join Local SIFF chapter...........Also, that means she is 498 professional....and knows abt the processes in court. As advocate archana said, u need a criminal lawyer who should be clever to deal ur case properly. Meanwhile join local SIFF chapter....

2BHelpfull (Other) 22 June 2013

U FILED divorce petition on 19/02/10 and she filed 498a on 15/05/10 i.e after approx. 3mth . it show clear intention to weak ur case.

well to make ur case strong give reference of her earlier 498a case filed against EX and divorce case and appoint a good advocate who can show to court that she is using law(498) as a tool for unlawfully getting benefit.

(Guest)

Excellent advice from 2BHelpfull...Get copies of judgements both in previous divorce case and 498 A case...Show that the two cases are exactly similiar.Girl lives with in-laws for days then files 498 A.If you have good proof for false complaint about incident,you can go for quash and on that basis your divorce case also becomes strong on the basis of cruelty due to false cases.Don`t forget to file Defamation suite of her when you are acquited.