cpc

13b divorce granted but 498a not finished by wife


Dear Sir/Madam, I already filled my queries in the past and got useful solution. My wife filled 498A in which we got summon by Kanpur court but till date we did not receive any notice or summon may be my local advocate was helping me to stop that at Kanpur, but case is still pending for completion. Now, we already filled 13B and final date is on 12th Sept'18. case was decided with the help of mediation centre and total 8 lacs OTA to my wife. 4 lacs I already gave her on July17 when case filled but then my wife was thinking some more money from me so she did not come to court for final settlement but also she did second marriage in july18. I have 6 photos of her and her new husband of that marriage. I told to her for final settlement and clear all cases i.e. 498A and 13B. but he told me that she will first clear 13B and then 498A. Here I am confused, I also want to take divorce from her and tried to relax from this problem but second is if she will not withdraw 498A case from the court then, 1. What can I do? 2. Will court arrest me and my parents? 3. How can I protect me and my family from 498A? Please guide me and suggest best option sirs... thanks Umesh Verma
 
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Dear Umesh,
We earlier discussed your matter where I said that first come to chamber then I will examine your all documents and try to resolve that issue anyways
1. You may file 482 Cr.P.C. before Hon'ble High Court.
2. It's a discreation of Court.
3. As I said in 1st point.

Regards
Adv Anurag Bhatt
Allahabad High Court
Mobile 9198889990
 
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1. firstly the case of 498A can't be terminates by your wife.... this is a non compoudable section... you have to face trail.... if you fail to bring any order in your favour through 482 Cr.p.c from the Honourable High Court....

2. 498A and 13b both are separated issues. it is not rule or there are no guideline in law likely your wife is bound to terminate the prosecution in spite of after divorce or remarried where 498A is concerned
 
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so this means I have no any rights or solution to save me and my family even I paid to my wife all money as per her demand (she filled wrong case of 498A with false statement) ..even she got married and living happily with her new husband and still I am searching how can I save my life and can close all teh cases and then if I will have remaining any hope to live my life then I can marry? seriously I don't understand what can I do in this situation...
 
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DEAR UMESH,
YOUR FIRST APPROACH SHOULD HAVE BEEN TO ASK YOUR LAWER TO APPLY FOR QUASHING VIA 482 CASE. THIS CASE WOULD HAVE AUTOMATICALLY PUT A STAY ON PRESENT 498A TILL THE 482 CASE WOULD RUN IN HIGH COURT.

AS PER SUPREME COURT ORDERS THE ROPEING IN OF PARENTS AND RELATIVES IN 498A CASE HAS BEEN EXTREMELY REDUCED , YOUBWOULD HAVE ATLEAST GOT SOME FAVORABLE ORDERS AND GOT PARENTS OUT FROM THIS.

AFTER THE ORDERS OF 482 IF IN YOUR FAVOUR, YOU CAN GO AHEAD AND FIGHT 498A AND ALSO APPLY FOR DIVORCE MAKING THE REGISTING OF FALSE CASES BY YOUR WIFE AGAINST YOU AND YOUR FAMILY AS THE BASIS FOR ASKING FOR DIVORCE.,

ALSO PUT APPLICATION AGAINST THE WIFE AND HER PARENTS AS THEY MAY HAVE ALLEGED AND UNDER OATH GIVEN A WRITTEN STATEMANT IN THE FIR THAT THEY HAVE GIVEN DOWRY SO ASK THE POLICE TO REGISTER CASE AGAINST DOWRY GIVER TOO.

PUT T.E.P. APPLICATION AGAINST YOUR WIFE , FATHER IN LAW , MOTHER IN LAW , BROTHER IN LAW , IF THEY HAVE CLAIMED ABOUT MAJOR CASH DOWRY ,EXPENSES IN THEIR F.I.R. THAT ALSO HELPS.
 
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thanks sir..they did complain case not based on FIR..
 
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https://hindi.news18.com/news/nation/supreme-court-says-woman-cant-file-dowry-harassment-fir-after-divorce-1506877.html

Total likes : 1 times

 
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THIS NEWS ARTICLE MAY HELP YOI TO DECIDE NEXT COURSE OF ACTION
 
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