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Rohit verma (BT)     19 May 2010

498a after decree of divorce

hi, my wife  has filed 498a after two years of decree of divorce and we have been married for seven years now, and now she has filed a 498a.  We have been staying separate for atleast three years now. She is put a stay in high court for decree of divorce, what could be the result from high court as we are separate for three years now and she is mentioned in her claim of maintenence that she is not residing with me from Jan 2007, their parents have come and assulted us, we have filed a FIR. Please let me know what woud happen in high court about this stay and what are the steps I need to careful so it does not go to lower court.

About 498a, after decreee of divorce for about three years, she has filed it recently and claims that we assulted her. Can i get this case closed and what is the best ways.



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 11 Replies


(Guest)

while asking the questions, you must be clear in your statements, so that we can understand what you want and give proper reply.

Any how, what I understood is,  you got divorce decree.  She filed an appeal and got stay order against divorce decree in H.C.  During pendency of this appeal, she filed 498-A.  If it is so,

1.  H.C. case will be decided on its own merits and it does not have any bearing with S.498-A case.

2. Prima facie, S.498-A does not lie for the reason that there is a divorce decree and the word used in S.498-A is "wife" and "husband" and you both do not hold that role any more after divorce decree (even though opposite party argues that due to stay, still the relationship exists).  Hence, taking that you and your relatives went there and threatend her, then also S.498-A does not lie and some other IPC section does lie.  Hence, S.498-A case is vindictive in nature and liable to be dismissed. 

1 Like

Rohit verma (BT)     20 May 2010

Hi, thanks a lot. I have some questions. Please look into this.

1). HOW TO DEAL WITH THE HIGH COURT CASE, BECAUSE I THINK MY LAWYER HAS CONTACT WITH THEM AND HE HAS A VERY LAY BACK ATTITUDE.  THERE IS A FINAL HEARING FOR THE STAY ORDER OF DECREE OF DIVORCE IN HIGH COURT. WHAT ARE THE POSSIBILITIES,

AS I SAID YOU DECREE OF DIVORCE, IT HAS BEEN THREE YEARS AND ANY CASE I DO NOT WANT THE DECREE OF DIVORCE BEING CANCELLED IN HIGH COURT.

WHAT WOULD BE THE BEST WAYS TO PUT AN END TO IT.

THANK YOU

Munirathnam (Scientist)     21 May 2010

Hi, As per judgement below: ARUN VYAS & ANR. V ANITA VYAS PETITIONER: ARUN VYAS & ANR. Vs. RESPONDENT: ANITA VYAS DATE OF JUDGMENT: 14/05/1999 BENCH: K.Venkataswami, Syed Shah Mohammed Quadri 498A should be filed with in one year of last allegations occurance period. Search for this judgement in google. Also as said by Mr.Prabhakar, you can approach High Court asking for quash U/s 482 CrPC on this ground and also on the ground that malafide intension and it is counter balst. See if any of the stay grounds in her Divorce petiton makes sense to say that her 498A allegations wont occur being that you people are living seperately from each other.

Munirathnam (Scientist)     21 May 2010

Hi,

 

As per judgement below:

ARUN VYAS & ANR. V ANITA VYAS PETITIONER: ARUN VYAS & ANR.

Vs.

RESPONDENT: ANITA VYAS DATE OF JUDGMENT: 14/05/1999

BENCH: K.Venkataswami, Syed Shah Mohammed Quadri

 

498A should be filed with in one year of last allegations occurance period. Search for this judgement in google. Also as said by Mr.Prabhakar, you can approach High Court asking for quash U/s 482 CrPC on this ground and also on the ground that malafide intension and it is counter balst.

 

See if any of the stay grounds in her Divorce petiton makes sense to say that her 498A allegations wont occur being that you people are living seperately from each other.

Rohit verma (BT)     25 May 2010

Hi thankz a lot, can u please refer to good lawyer who knows in and out of 498a and high court issues

Pankaj Mehta (Advocate)     27 May 2010

Mr. Prabhakar is almost true, but while taking the remedy under section 482 of Cr.P.C , we must see the allegations stated into the complaint, if it is well drafted, there must be a version of being assuaulted & ill treated at the place where the wife is living presently, decree of divorce is granted ex-partee ?? And what were the points of adjudication- desertion, crueility?? all these things are to be taken into consideration for invoking the inherent powers of concerned HC   

Rohit verma (BT)     27 May 2010

Hi thankz for the reply.

I want to put things in detail.

1). Had a expartee divorce in August 2007, she has put a stay in High court. My expartee divorce was obtained because of cruelity and dissertion.

2). She has filed a 498a after seven years of marriage and she has filed it because she did not want to come back and their forced her to stay with us, we refused to take her back, but my relatives and their parents pleaded to take her back because of the kid, my dad expired in Oct 2007 she never came for that, but also we saw the kids face and wanted to give a life to him and we agreed to keep her for few days and see how it goes on, in return she starting harrissing my mother and pushed her several times, my mother is weak and when I came to know about this, I took it seriously and hit her twice, but in return the next morning their parents instead of settling things came from hyderabad and hit me and my mother very badly we never expected this and we were hosptalizied, they bribded the police and filed a 498a against us. we have filed a FIR against them, but never have mentioned that she stayed with us.

3). The hyderbad court has denied to give maintenence to her as she herself has proved in her statement that she is getting 3500 rent from her flat, but need to pay 3000 for the kid every month, but the court has said them to open a account so that I could deposit, but my lawyer in hyderbad says that they have not opened a account so let us wait. Is it the correct procedure??? what he is doing

4). So please let us know what is the best way to settle these things.

Rohit verma (BT)     27 May 2010

I

Hi thankz for the reply.

I want to put things in detail.

1). Had a expartee divorce in August 2007, she has put a stay in High court. My expartee divorce was obtained because of cruelity and dissertion.

2). She has filed a 498a after seven years of marriage and she has filed it because she did not want to come back and their forced her to stay with us, we refused to take her back, but my relatives and their parents pleaded to take her back because of the kid, my dad expired in Oct 2007 she never came for that, but also we saw the kids face and wanted to give a life to him and we agreed to keep her for few days and see how it goes on, in return she starting harrissing my mother and pushed her several times, my mother is weak and when I came to know about this, I took it seriously and hit her twice, but in return the next morning their parents instead of settling things came from hyderabad and hit me and my mother very badly we never expected this and we were hosptalizied, they bribded the police and filed a 498a against us. we have filed a FIR against them, but never have mentioned that she stayed with us.

3). The hyderbad court has denied to give maintenence to her as she herself has proved in her statement that she is getting 3500 rent from her flat, but need to pay 3000 for the kid every month, but the court has said them to open a account so that I could deposit, but my lawyer in hyderbad says that they have not opened a account so let us wait. Is it the correct procedure??? what he is doing

4). So please let us know what is the best way to settle these things.

Rohit verma (BT)     27 May 2010

Originally posted by :Shashank Singh
"


Hi thankz for the reply.

I want to put things in detail.

1). Had a expartee divorce in August 2007, she has put a stay in High court. My expartee divorce was obtained because of cruelity and dissertion.

2). She has filed a 498a after seven years of marriage


3). The hyderbad court has denied to give maintenence to her as she herself has proved in her statement that she is getting 3500 rent from her flat, but need to pay 3000 for the kid every month, but the court has said them to open a account so that I could deposit, but my lawyer in hyderbad says that they have not opened a account so let us wait. Is it the correct procedure??? what he is doing

4). So please let us know what is the best way to settle these things.

"

Pankaj (SR.OFFICER)     31 January 2012

Hi, This is Suruj.... I am here in this forumn on behalf of my sisiter who was maaried to sweat marchent of siliguri. But due to their constant dowry demand She was brutely assulted and suffered mentally. then on day her inlaws asked for 5 lakh cash which we could not fullfil as we were not compenet to fullfill. So they resorted to worst kind of punishment for her they run Hotel at siliguri which have all the filthy activity carried by then like call girl so on wanted my sister to take part in it my sister refused and she came to our parent house and ofthen we have filed 498 /406/307 125 case against them their parents were arrested but groom ran away after 1 years he got bail from high court. Now he has filed matrimonial suit and we have received summon from siliguri court  and we would like to know 1. can any one file matrimonial suit before 498a is not addressed and will girl party have to visit frequently to siliguri court....

 

Regards


Attached File : 973943939 image (11).jpg, 973943939 image (13).jpg, 973943939 image (14).jpg downloaded: 140 times

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     31 January 2012

Yes no bar of that.

 

It is better to start your own thread.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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