Rakesh. Manager (Bank Manager Chennai) 09 September 2019

498a after divorce order

Hi,

I got contested divorce from Chennai family court (order dated this June 2019 month). My wife and her father signed "comprimise deed" enclosed and mentioned as part of divorce order given by judge, mentioning clauses that - we have returned their streedan, they can keep the child full custody and they will not file any civil or criminal cases in future, we can carry on our future without interfereing in each other affairs (she signed and her father is mentioned as witness in the comprimise deed submitted in family court). Now I got call from police station that wife has filed 498a in her city. Should I go? Can they file FIR even after divorce order by judge (contested - we went for councelling and tried to reconcile but her temper got much worse and her parents refused to allow my ex-wife to live with me as they both are unemployed and get no pension and have any single property in their name. They expect their daughter's salary for survival ). They forced me to sign divorce on last hearing and got lumpsum settlement amount of many lakhs (signed by her father in a stamp paper) Please guide what should be next step. Shoudl I ignore it?

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3 Replies

Real Soul.... (LEGAL) 09 September 2019

Though there cannot be any Dowery related case after divorce as per supreme court judgment sections 498A etc will not be attracted after divorce.

But you should not ignore since the police action is unpredictable and till you would make them undertsand the matter they can haress you. Better to secure an anticipatory bail just for security purpouse .Meanwhile you can send your lawyer with the copy of divorce with statement of compromise to the concerned police station to explain them the matter,

Rakesh. Manager (Bank Manager Chennai) 09 September 2019

Thank you Sohail sir for your fast reply. If I travel to her city with my lawyer who handled my divorce case, it will cost me atleast Rs.30k for travel, hotel and his fees. Is it not contempt of court order to file a criminal case against me after divorce order (with comprimise deed mentioning clearly) 2 months back? Also she is not my wife anymore and how can she file 498a? Police said they gave them CSR number after getting their complaint just 4-5 days back and are telling me to come to her city PS within a week. It is real police number and not prank as I checked in truecaller. If I ignore it, will I get into trouble as I already spent close to 20 to 21 lakhs life time savings in the divorce case (after a long legal battle like she transferred case her city after 1st appearance saying to judge she wishes to live with me, fighting during hearing, threatening when I came to her city to attend hearing everytime, so much mental torture I suffered because of that snake and lost lot of money too). I am not mentally prepared to be harassed more as I have already suffered enough. Please assist if I can go in person with order copy to explain for one last time to PS.

Real Soul.... (LEGAL) 09 September 2019

Since there is mutual compromise on divorce that has already happened, wife cannot file 498A ,it is better you prepare an application and mention everything in that, attach your divorce and compromise too, mention in application that your ex wife is just harresing you by filing false complaints and meet the Supredent of police concerned and submit the copy of application take receipt and submit thc opy of applyication with receiving in the police station ,just be tricky and make the police station aware that they are doing wrong.