(Querist) 28 October 2019
This query is : Resolved
My wife filed a case against me under section 498a in the year of 2012. i was arrested and got bail. Address and my name mentioned wrongly in the FIR. So i didn't receive any summon. Meanwhile i applied for divorce and got the exparte decree as i didnt know her whereabouts. She knows where i am. She visited me and stayed with me few times after she filed the case. She would not allow me to visit her. Now my wife came to know about my divorce and started demanding me for money . She said she didnt withdraw the case.If i dont give money as per her demand, then she will put me in jail. So i started searching ecourt website if there is any pending case against me. I found nothing against me. When i searched using her name i found a case details. My name and address everything is wrong. The case status is proclamation. Now i have got a marriage proposal from lady living in other country. I am planning to go abroad. please guide me what should i do at this point in time.. We have been married for 17 years. We didnt even live together for a year. She was not interested in living together with me. She was not ready to give divorce all these years. She spoiled my life . After so much struggle i got a divorce. Now i am afraid of this case ant remaining life will also be destroyed. I faced a lot of trouble because of her again i got into trouble. My marriage and this lady spoiled all. Please advice me.
KISHAN DUTT RETD JUDGE
(Expert) 28 October 2019
Dear Sir, Recently Supreme Court says that the High Court cannot deny quashing of charge sheet under Section 498A of IPC against husband if he has settled the matter and got divorce. Depending upon facts of your case and judgment of divorce you may avail such facility and try to get quash charges against you which are pending..
Dr J C Vashista
(Expert) 29 October 2019
FIR lodged by wife/complainant on the basis of "incorrect" name & address of the accused/husband, is it believable statement? Supreme Court had settled the issue of arresting the accused in Arnesh Kumar V State of Bihar much before your case, how have you been arrested on the FIR having incorrect name and address? You have stated to have filed and contesting case(s) through an able, competent and intelligent lawyer, what is his/ her opinion and advise?? Consult another local prudent lawyer with case file(s) for better appreciation of facts, guidance and proceeding, if you have lost faith in your lawyer and there is "some" truth in your query.
(Querist) 29 October 2019
Hi Sir, My name is written wrongly in the FIR. I verified in the ecourt website. I was staying with my wife at that time of arrest. But Police mentioned some address in the nearby area. i couldnt find any case against me in the ecourt website. As i already mentioned , i searched case details using my wife name. My wife is also not staying in the same address. She relocated somewhere. I recently came to know that the case is not withdrawn.
I filed a Divorce case in another city( in the beginning of marriage life we lived there) and got ex-parte divorce. Please advice me.
(Expert) 29 October 2019
You can marry if the decree of divorce has become final.