Divorce

R Banerjee (Querist) 27 November 2011 This query is : Resolved
I have made an legal separation from my wife. I lodged this case in the month of April'2011. The respondent already appear two times in the court and declare that she was not with me from April 20th'2011. But Nov'2011 she made a wrong F.I.R (498 & 406)against all of my family. And the F.I.R contains all wrong blame aginst us. We have beaten her and we thrown out her from our house. But at that time I was in my work place, it is 200km away from my house. Police arreted my brother and next day we got the bail of brother, mother & father. I just want advice how we will go forward. I feel hopeless, so I am sending this query to you. And also what kind of case I can lodge against her & her family.

Follow Query

Report Abuse

V R SHROFF (Expert) 27 November 2011
Dear Mr. Banerjee,
No rescue:
You have to face it.
You have to defend yourself in Court.
You can't avoid or even compromise, or withdraw the criminal case of 498.
But u have good defense that u were away, and had filed separation case.

In More than 98% of 498 case, no one is punished. Her Bargaining power goes up.
You are a Victim of this Women sided Legislation, and harassment. She can pressurize to get more money on compromise at the time of Alimony & Divorce. She will give negative evidence and the matter ends, it happened in majority of cases.
Why Government t do not collect data of cases filed and outcome of it, and declare that Majority of cases filed were false, and misused by women, acquitted most of the accused till date, and scrape it off??
Why waste productive hours/ years of youth, burden nation with travel petrol & diesel , waste of money, time, and valuable time of Honorable Court, for no result?
In this world of Equality for both Man & Woman, why not 498 against cruel woman??

adv. rajeev ( rajoo ) (Expert) 27 November 2011
file a writ in the high court for quashing of FIR, you produce the documents to show that you were in the office and she was not with your family.
If chargesheet is filed then file an application for discharge in the same court, if it is rejected then challenge the order in the hig court.

Guest (Expert) 27 November 2011
i agree the same

M/s. Y-not legal services (Expert) 27 November 2011
am also agree with rajoo sir. initiating quash proceeding will be the correct thing to your case.

but rajoo sir, quash proceeding can filed as writ petitions sir?

in tamilnadu we file as criminal original petitions only sir..