498a
s shukla shukla
(Querist) 04 January 2010
This query is : Resolved
sir
i am ramdas shukla resident of fatehpur,up,serving in army.i gave an advertisement in newspaper for dowryless marraige proposal.sri ramkaran dwivedi of kanpur city approached me for marriage of his daughter.he went to my village and enquired all about me and got satisfied in all aspects. i got married with his daughter mrs aruna in 2002.she never went to my home.she stayed with me at my duty station for about one month and went back with her parents.due to some reasons she file divorce case in 2005 and took onesided divorce in mar 2008.to trouble me more she lodged an FIR under 498A (after taking divorce)against me and seven other family members.police didnot carry out any investigation and filed charge sheet to the court.i approached to DIG who ordered reinvestigation of the case.how can i get rid of this problem.i will be grateful to you if you could provide me some ruling which says that since she kept quiet 3 years during the course of divorce case proceeding and did not complain anything of this sort and filed dowry act after divorce when she is not my legal wife,her complain should be dismissed.
Raj Kumar Makkad
(Expert) 04 January 2010
Even if any cruelty may be there, such treated as condoned once divorce decree is passed and in the given matter FIR under section 498A has been filed after 3 years of seeking divorce on her own part so there is no scope to file any charge-sheet and you should rely upon your petition with DIG Police who has ordered to re-investigate the case in the right prospective.
Raj Kumar Makkad
(Expert) 04 January 2010
You can move direct to even High Court seeking quashing of such FIR.
Ajay Bansal
(Expert) 04 January 2010
It is better to contest the case in trial court,instud of going th High Court for quashing of F.I.R.
Arvind Singh Chauhan
(Expert) 04 January 2010
You require no rulings. The matter is under reinvestigation I hope your problem would be short out in reinvestigation stage. provide all the prove to police, but beware that don't cut your hands.
s shukla shukla
(Querist) 05 January 2010
sir i need some ruling on the matter to show the police to convince them to amend chargesheet during reinvestigation
s shukla shukla
(Querist) 06 January 2010
dear arvind sir,
if i contest the case in trial court instead of highcourt as u suggested,first i will have to get bail which is not easy in caes of 498A even if it is a false case.
i want some ruling which should prove that allegations are old and not made during neither time of occurrence nor during the the trial of divorce case.so the applicant is using 498A as a weapon and device to achieve oblique motives.
may i request someone to help me on this matter.thank you
s shukla shukla
(Querist) 06 January 2010
dear ajay bansal sir,
if i contest the case in trial court instead of highcourt as u suggested,first i will have to get bail which is not easy in case of 498A even if it is a false case.
i want some ruling which should prove that allegations are old and not made during neither time of occurrence nor during the the trial of divorce case.the applicant is making the allegations after taking divorce by using 498A as a weapon and device to achieve oblique motives.
may i request someone to help me on this matter.thank you
