Regarding 498a

This query is : Resolved 
 


Querist : Anonymous (Querist)
04 April 2020

I am a government employee married for 2 yrs. My married life is becoming disaster day by day. My wife tortures me both physically & mentally every now & then without any proper reason. If a seek divorce from her & if she files 498A then what can i do ? As a government employee if i remains in custody for more than 48 hrs,then i will be suspended as per gov rule. what can i do in retaining my job if she files 498A ? Also i have old parents whom i dont want to suffer due to this . What are the possible steps can i take ...please suggest .


Raj Kumar Makkad (Expert)
05 April 2020

First of all collect the due evidence necessary for your desired petition seeking a decree of divorce. Cruelty of any type by the spouse is sufficient for the grant of divorce but there should be sufficient evidence in support of the allegation/ground. You may record audio and video and even can prepare eye witnesses for that purpose.

Now come to your second and major issue. Even if your wife files 498A IPC complaint, the police generally have to send the complaint to Mahila Cell wherein both the parties are called and efforts are made to settle the matter. You can show the aforesaid collected evidence there so as to pressurize other party. Even if FIR is lodged, keeping in view the evidence in your hand, court shall grant immediate bail and you may also seek anticipatory bail. Generally none is arrested under this section unless there are extra-ordinary allegations so the subsequent question of 48 hours judicial custody do not arise.

Raj Kumar Makkad (Expert)
05 April 2020

First of all collect the due evidence necessary for your desired petition seeking a decree of divorce. Cruelty of any type by the spouse is sufficient for the grant of divorce but there should be sufficient evidence in support of the allegation/ground. You may record audio and video and even can prepare eye witnesses for that purpose.

Now come to your second and major issue. Even if your wife files 498A IPC complaint, the police generally have to send the complaint to Mahila Cell wherein both the parties are called and efforts are made to settle the matter. You can show the aforesaid collected evidence there so as to pressurize other party. Even if FIR is lodged, keeping in view the evidence in your hand, court shall grant immediate bail and you may also seek anticipatory bail. Generally none is arrested under this section unless there are extra-ordinary allegations so the subsequent question of 48 hours judicial custody do not arise.

Raj Kumar Makkad (Expert)
05 April 2020

First of all collect the due evidence necessary for your desired petition seeking a decree of divorce. Cruelty of any type by the spouse is sufficient for the grant of divorce but there should be sufficient evidence in support of the allegation/ground. You may record audio and video and even can prepare eye witnesses for that purpose.

Now come to your second and major issue. Even if your wife files 498A IPC complaint, the police generally have to send the complaint to Mahila Cell wherein both the parties are called and efforts are made to settle the matter. You can show the aforesaid collected evidence there so as to pressurize other party. Even if FIR is lodged, keeping in view the evidence in your hand, court shall grant immediate bail and you may also seek anticipatory bail. Generally none is arrested under this section unless there are extra-ordinary allegations so the subsequent question of 48 hours judicial custody do not arise.

Dr J C Vashista (Expert)
05 April 2020

What is the difference of opinion with your wife where you are feeling tortured and harassed ?
Your marriage is just 2 years old, therefore it is imperative to accommodate, reconcile and adjust your behaviour with her (your wife) and find out some amicable settlement to the issues, which are normal in "new" circumstances.
Same opinion and advise is applicable to your wife as well.

Dr J C Vashista (Expert)
05 April 2020

Until a complaint is filed u/s 498A IPC it is your apprehension and no opinion can be formed.
With few judgments passed by Hon'ble Supreme Court husband or his family members are not being arrested, therefore, there is no such issue, just relax.

P. Venu (Expert)
05 April 2020

The filing of complaint under Section 498 A need not lead to immediate arrest. The police under instruction not to effect arrest in such cases without the empress approval of the SP of the District.

Advocate Suneel Moudgil (Expert)
05 April 2020

if you want to remain in the matrimonial relationship, then,try to settle the matter amicably with your wife involving elders/relatives/friends etc and start afresh, and if, failed, file Restitution of conjugal rights petition in the Court,

Advocate Suneel Moudgil (Expert)
05 April 2020

if you want to terminate the matrimonial knot, then, try to settle the matter amicably with your wife involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,
don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case,
some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.

Advocate Suneel Moudgil (Expert)
05 April 2020

do not worry about the arrest,
an arrest is almost not done in 498a cases, and moreover if arrested it has no negative impact on the job

Advocate Suneel Moudgil (Expert)
05 April 2020

file contested divorce on the grounds of mental cruelty but it will take many years,
also once you file contested divorce she will surely file/claim
498a complaint
Domestic Violence case
maintenance,
so be ready for them too,
however, the RCR will work as a safeguard to 498a, maintenance, DV etc

Rajendra K Goyal (Expert)
05 April 2020

Law is pro-ladies. This is increasing problem in the country due to such laws.

You have to collect all proofs of cruelty through recording, CCTV footages and through other means. neighborhood evidences can also play good role.

If 498A is filed against you, can try for anticipatory bail.

Raj Kumar Makkad (Expert)
05 April 2020

Though Law of 498A IPC seems same and not changed by the implementation and its interpretation and accordingly legal attitude has entirely changed and it has not remained now pre-ladies as was in earlier due to its misuse by the ladies Various instructions have been passed by Hon'ble Apex Court for the police authorities to deal with the same, the crux of which is that you need not worry for the arrest unless a serious crime is committed.

T. Kalaiselvan, Advocate (Expert)
07 April 2020

If it is not possible for you to continue the married life with her under the given circumstances, you can very well decide to quit this married life with her by filing a divorce case on the grounds of cruelty.
In retaliation she may resort to legal terrorism i.e., approach police with a criminal complaint under section 498a and 3 and 4 of DP act.
If there is a notice or summon from police, you don't immediately attend the police station.
You file an application seeking anticipatory bail and can visit the police station after getting AB.
In tht case you will not be remanded and there is no immediate problem for your government job.

T. Kalaiselvan, Advocate (Expert)
07 April 2020

If it is not possible for you to continue the married life with her under the given circumstances, you can very well decide to quit this married life with her by filing a divorce case on the grounds of cruelty.
In retaliation she may resort to legal terrorism i.e., approach police with a criminal complaint under section 498a and 3 and 4 of DP act.
If there is a notice or summon from police, you don't immediately attend the police station.
You file an application seeking anticipatory bail and can visit the police station after getting AB.
In that case you will not be remanded and there is no immediate problem for your government job.

N. Sivaprakash, Chennai 984099 (Expert)
08 April 2020

You can approach the appropriate Court to get Anticipatory Bail. Well before that file the Divorce Petition.

Raj Kumar Makkad (Expert)
08 April 2020

When no criminal case has been filed, what is the use of anticipatory bail and how the same is maintainable?

Rajendra K Goyal (Expert)
09 April 2020

If any case of 498A or any other criminal case is filed against you, you should try for anticipatory bail.



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