Misuse of 498a after annulment
Vishnu Murugan
(Querist) 04 November 2023
This query is : Resolved
My wife was suffering from Bipolar Disorder prior to marriage and was suffering from it after marriage also, which she had suppressed from me prior to marriage. She would get recurrent attacks of it many times a week, during which she would show highly delusional behaviour and then become aggressive and attack any member in the household with any item she could lay her hands on. One day when she got the attack of Bipolar Disorder she firstly accused me of having an affair with my 82 year old bedridden maternal grandmother and then she attacked me with a scissor in my eye which left my right eye permanently damaged.
Also, I discovered after marriage that she had previously filed multiple cases of rape and abduction against various men, and the courts had not only dismissed her cases but also termed her a 'honey trapper' who runs an extortion racket to extort money from people.
I then filed a petition for annulment of marriage to declare my marriage void on the ground that my consent to marriage had been taken through fraud. She filed her reply in the court admitting all my allegations and herself prayed in writing in the prayer clause of her reply "I have no objection if the court annuls the marriage through a decree of nullity". Also, a separate agreement was also executed with her by me wherein she has stated that she has received all her stridhan and she also stated that in future she will not file any cases against me. This agreement was notarized and exhibited in my evidence in the court. Every page of her reply, affidavit in support of reply and agreement bears her signature and also her signature is present on the order sheet of the Hon'ble Court on the date on which she appeared to file her reply.
After trial, the court allowed my petition and annulled my marriage on the ground that it has been proved that consent was indeed obtained through fraud and also made scathing remarks against her in judgment calling her a blot on society.
Now, 120 days after the passing of decree of annulment declaring my marriage null and void, she has given a complaint to police for 498-A, completely suppressing the proceedings that took place before Family Court and also the outcome thereof. I have supplied all certified copies to police, but they are asking me to come for recording my statement.
I wish to ask the ld.counsels here that can 498A now be filed against me and can she take a share out of my property and sue me for maintenance. What should I do to overcome this? I feel helpless.
Thanks
Sudhir Kumar, Advocate
(Expert) 07 November 2023
As far as filing of the case of 498a is concerned. Yes it can be filed.
However, strangely in your case the given circumstances indicate that you have played cards well and the case is not likely to succeed against you. Since you are aware of her past history of false litigation you may be having details and documents as well.
You are also asking if she can get share of property. Not understood where from this context now arose. However, since marriage is annulled she has to forget the same.
T. Kalaiselvan, Advocate
(Expert) 08 November 2023
Your marriage with her was annulled on the basis of her submission to the allegations leveled against her.
If at all she had any grievance against you more specifically about the current criminal complaint under section 498a, she could have filed a complaint against you well before you initiated the annulment process or at least during the pendency of the annulment case.
Whereas she did not do anything of that sort even after the contested annulment decree pronounced by court for around 120 days.
The police will not listen to your explanations nor it will entertain your statements and they will be insisting on the complaint alone for the reasons known only to them.
Therefore don't waste your time requesting the police, you first get enlarged on bail and then file a petition under section 482 cr.p.c. befor high court to quash the FIR becasue the police cannot entertain the complaint of this nature when your marriage has been annulled by a dcree by a court of law.
