LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Rakhi (Software )     02 April 2011

498A,34 IPC,4 D.P.Act filed against husband


I have filed FIR against my husband and they have charged him with 498A,34 IPC and 4 D.P.Act.He is in custody for 2 days.He tried getting bail the same day,bur could nt as the charges were not bailable.I came from source that they had asked police to give chargesheet immediately so that he can be bailed.What i heard that they are trying to make one of the charged section as False so that he can get bailed.I dont have contacts.If police does so,then will it affect my charge in court.

Waiting eagerly for your  response


 28 Replies

Avnish Kaur (Consultant)     02 April 2011

ab bechare ko bail le bhi lene do

1 Like

Rakhi (Software )     02 April 2011

Please kindly suggest that will this affect my case in Court of law

Avnish Kaur (Consultant)     02 April 2011

of course it will , but he has a right to  defend himself and if charges are highly imaginary having no iota of truth and higly improbable he will get bail, but criminal case will continue unless he gets FIR quashed.

1 Like

Tajobsindia (Senior Partner )     03 April 2011

@  Author

Avnish has summed up your apprehensions rightly. You need to prove the case in longer run as I see the package gift is quite long running Court cases scenarios and I am not touching the quality of evidences at all as it is not seen during bail proceedings !


1 Like

Legal Fighter (Advocate)     03 April 2011

why do you want your husband not be bailed out? Is he a criminal? Is he a threat to society? when so many criminals and politicians are roaming freely, why not a husband? Has he murdered someone? Just because his wife has made certain allegations related do cruetly and dowry, it doesn't mean that rest of his life is to be behind bars.

Adv.Shailesh (Advocate)     03 April 2011

yes, if he proves Sec. 498-A then he can get bail on the same day, otherwise not possible on same day.


He will be getting bail definately from the sessions court as in such cases the bail is not granted by the lower court at the first instance.....anyways once he is bailed out and chargesheet is filed the case will prolong for yeras and in such cases generally nothing can be proved and the husband will be discharged from the charges.


Neither you nor he will be interested to fight the case for 10-12 years so it will be a settlement at the end now it depends if he after facing the humilation suffered for being in custody may decide to fight it out and dont agree for a compromise than there will be no options aVAILABLE TO YOU EVEN. The lawyers advise at the time of filing that te husbands side will bow down and agree to any settlement and also for divorce but sometimes this cross fires and the husband side may think and decide to fight back then you will loose as time will just pass away and you would not even know where is your life heading towards as you cant make anyone bow down by filing such complaints.

prashant pundhir (Criminal Lawyer)     03 April 2011

Dear Rakhi,

                       As you mentioned that police can delete one of the section from the chargesheet,so that can be only sec.34IPC . Sec 34 only says that two or more persons involved in the crime with the same intention .Sec34 IPC is a read with section . If i.o. deletes this section from chargesheet,it will not affect the bail of your husband as he is the main accused but affect the bails of the other co-accused .

As far as your case is concern,delition of sec 34IPC will not affect it adversly if your witnesses are intact,firm and determenent . Your charges will not get affected in the court .

Deep (k)     03 April 2011

I pray that he gets bail asap.............. as per my feeling he didn't murder anyone....... when so many killers are roaming here and there...... why should he be thr for long......


This type of case is just harassement........ and at the end husband has a only choice to fight it without compromising...... and it will unnecessary spoils time for both sides.......... it's logical as why husband will compromise once wife files case against him....... and also the era has changed....... husband is getting INNOCENT title in society for this kind of case....... and wife will have problem for second marriage as the new husband will think twice to marry a girl who can file (these many) case........ as per my knowledge this the the thinking of new society......... so best solution is either love or leave peacefully............ (def)     03 April 2011

Of course, ur REVENGE is over once u successfully sent him behind bars for a few days. He is not yet proved as CRIMINAL, so he wil b out sooner than later.

Then there will b end of road 4 u, he wil NEVER accept u back, case will run for 8-10 yrs just to end in black-hole. Most of the "well-wishers" & lawyers do not tell this bitter truth to the girl at her hight of revengeful feelings!

SRISHAILA.DHARANI (Advocate&consultant)     03 April 2011





Rakhi (Software )     03 April 2011

Thanks a lot for all your inputs to my concern..Since he is not willing to compromise and when the case is filed in court,we will be fighting 2 cases(Correct me if iam wrong),one for the FIR given against him and the other for the divorce i have applied.If  he plans to delay the proceedings for divorce then my advocate had suggested  me that we will file a petition in the court to fast track the divorce case and get it resolved within stipulated time.

now as per the trailing information from the forum what i assumed that he can linger 498 A case for long.If he does so,will my divorce case gets affected and will it linger  with 498 A.Kindly suggest .Im waiting for your kind suggestions.


There is no linkage between the 498A case filed by you and the divorce case. 498A cannot be taken back as this is non compoundable offence it is not he who has to linger on he has to defend this case as after the FIR is filed its not you but the state Vs your husband you will just appear as a witness as  it was you who filed the case. This case once filed cannot be taken back by you even if you want to.....though this can be quashed by HC if there is some compromise.

Divorce is a different issue altogether there are two things : 1) he may feel threatened and agree to compromise with you and would give you divorce and alimony to save himself his family from such legal cases.

2) He may try to fight back and take revenge from you for the days he spent in custody and the loss of reputation. if he opts the second thing then you wont get divorce easily and even if you get it from the lower court he may challenge the same in HC and then SC.

A prudent person who decides to take revenge will not let divorce happen unless the 498A is pending as he cant spend his life fighting the State even after divorce and the wife leading a happy life.

So lawyers do advise one side of the story which results in filing 498A cases and results in suffereings of both sides and leave no chances of reconciliation.

The FIR case you dont need to fight its the state fighting for are just a witness so concentrate only on the divorce case. May be your lawyer would have suggested so that fast track court can help but the other side would have a lawyer too who will advise the counter to stop you from getting the same.

There is no easy way out depends on how much impact the custody have on your husband and his family if they are frightened and want to come out of this than you will succeed and get divorce easily but if he is the other type (that you should know) then there is no easy way out.


Avnish Kaur (Consultant)     03 April 2011

if he is a self respecting man he will definitely teach u a lesson of life.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Post a Suggestion for LCI Team
Post a Legal Query