498a appeal & divorce
Vijay Kumar
(Querist) 12 July 2015
This query is : Resolved
sir, i got married 5 years back and she lived with me for 1 month and after filed false 498A cases as my parents did not agree to write property before their death. after 4years of legal battle we won 498A case and tried to for a compromise to get MCD. However, they are demanding my parents property and money,which was only property they have and was ancestral property. they have filed dvc and was still pending in lower court. We are going to apply for divorce. They openly challenged that they will not accept for divorce and threatned they will appeal all 498A and divorce cases in higher courts, as it will take years to get decree. Please suggest how this can be tackled legally. Do we need to file any counter cases ?
Kiran Kumar
(Expert) 13 July 2015
Don't worry regarding time to be consumed by courts.
You have good opportunity at the moment to seek divorce on the ground of cruelty.
False prosecution in fact means cruelty.
Appeal against acquittal will not take much of time, at this stage don't miss the opportunity to file a divorce petition.
If the other side is greedy for money and property then face them with grit, put their own toe in their mouth. Fight it out.
Nadeem Qureshi
(Expert) 13 July 2015
Dear Querist
as per the wining of 498A case you may file a criminal complaint u/s 182 of IPC before magistrate against her for false case/malicious prosecution.
file a divorce case under section 13 (1)(ia) of Hindu Marriage Act if both of you are Hindu due to cruelty.
there is lots of judgments in which the High Court and Supreme Court held that filing false cases against the Husband and his family members comes under the cruelty.
feel free to call
Raj Kumar Makkad
(Expert) 14 July 2015
Why are you silent over the relevant query of Sudhir Kumar?
Vijay Kumar
(Querist) 14 July 2015
I was acquitted 3 months back and they are going for appeal on condoned delay.
Sudhir Kumar, Advocate
(Expert) 14 July 2015
you file defamation case and they will be left with no option but to appeal and get acquittal re-opened and another round of misery.
right now they may or may not effectively fight for your conviction.
