498a
Querist :
Anonymous
(Querist) 16 November 2011
This query is : Resolved
Dear Experts,
I got married on 20.06.2011 under special marriage act 1954.
Unfortunately in the midnight of June 22, 2011 my wife, (on the very first night of the marriage) created an unprecedented situation and tried to substantiate that myself is physically incompetent to perform my conjugal duties.
On 25.6.2011 relatives of my wife in fact harassed me & ultimately, I returned to my house whereas she stayed with her parents.
After that her father demanded Rs.10Lacs from my father as compensation & settle the matter out side the court other wise they suit a criminal file against us. They also forced us to accept "NULLITY OF MARRIAGE" in ground of impotency.
Mean while I went on some medical tests which proves that I am a physically competent to maintain a conjugal life.
On 27.07.2011 my wife surprisingly lodged a false criminal file against me u/s 498A/420/120B & Domestic Violence Act 2005 in the ground of impotency.
Fortunately, I absconded for some days to avoid get arrest.
On 19.08.2011 myself & my parents got bail from Ld.Court.
More surprisingly on 14.11.2011 my laws called my father to settle the matter. They want to withdraw the cases & suit a divorce file u/s 25 in the ground of impotency. But we did not listen to them & show our courage to face the cases.
On 14.11.2011 my charge sheet has been registered.
Now my questions are as follows:-
1)Can 498A & DV run simultaneously?
2)Should I go for discharge or quash.
3)What type of legal action we can take against my in laws.
4)Can we suit a divorce file on cruelty basis.
M.Sheik Mohammed Ali
(Expert) 16 November 2011
1. yes its continue simultaneously
2, you can go with proof
3. you may complaint against in laws related hide she is mental disorder and cruelty
4. yes. you can file divorce the law give way,
you can file a petition for proved that she is mental disorder so allowed medical test to her/
Sankaranarayanan
(Expert) 16 November 2011
First try to settle the matter in the court . even your father in law ready to withdraw , it is decide by the court of law.
Amicably solve the prob and get divorce from her and lead the happy life
Ajay Bansal
(Expert) 16 November 2011
As advised by M.Sheik.
Rajeev Kumar
(Expert) 16 November 2011
Follow the advise of Mr. Sheik
Querist :
Anonymous
(Querist) 16 November 2011
Thanks for your suitable advice. Please kindly elaborate the second point " you can go with proof".
I got bail but it is interim bail which expire on 22.12.2011. Last time opposition tried to reject my bail by some mare allegation.
Can they again lodge some mare allegation and reject my bail, though the now want to with draw the matters.
Querist :
Anonymous
(Querist) 17 November 2011
As mentioned above my newly married wife left my residence on the plea that I am impotent person. But medical reports say that I am 100 % competent to maintain my conjugal duties.
She created obnoxious scenes to prevent me from copulation with her.
It seems that she & her boy friend whom she wants to remarry. She was compelled to marry me under pressure from her parents through negotiation.
She initiated suit u/s 498A/420/120B IPC & DV Act to create pressure on me so that I admit her proposal for “Nullity of Marriage” U/s 25 of special marriage act 1954 according to which this marriage has been registered & extort money from my father (as said earlier). I am now on bail and IO of our local Police station submitted the charge sheet at court only 4-5 days back. My wife is so eager to prove herself as “Virgin” that she actually initiated suit for “Nullity” at lower court.
I want to get rid of her but not by the way of “nullity” as she demanded but by the way of “DIVORCE”.
Please advice me what should I do?
Shonee Kapoor
(Expert) 17 November 2011
Agreed with all other points mentioned by Mr. Shiek, except that quash happens on legal grounds and evidence has nothing to do with it.
Her nullity petition can be countered by your medical tests.
If she is eager you be patient. Demands would come down.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Querist :
Anonymous
(Querist) 19 November 2011
Dear Experts,
My lawyer wants to file "Discharge" petition first, if that fail then he will take that matter to HC (KOLKATA) for "Quashing" on the basis of rejection order of the lower court.
As said earlier Charge Sheet has been issued, we will get CS with in 2/3 days.
Now my questions are as follows:
1)Our procedure is right/wrong?
2)How long it will take to Discharge/Quash after filing?
3)Can the Witness of CS (u/s 161) occur disturbance of quash/discharge? Though myself & my parents are very much renowned in our locality.
4)After quash, is there any chance to quash DV Act also? ( As both petition of 498A & DV is same in all respect)
5)In DV petition, she claimed 10Lacs as compensation & 10000/- maintenance per month. Is that possible after making such wild & false allegation? ( For your information I just want to add that she herself is a lawyer)
6)As said earlier, they continuously called us & pressurised to accept “NULLITY” on the ground of physical discrepancy and try to extort money from us. What should we do? Any legal action against them?
Regards
498-DV-KOL-BOY
