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GAUTHAM (BUSINESSMAN)     31 December 2013

498a/divorce

Dear advisors,

The 498a case was filed against my whole family members including me 5 years ago. Since I was abroad whilst the case was  filed and also when the charge sheet was filed I was made absconded on the charge sheet. We filed the quashal petition in the HC against all of us and now the HC has quashed the whole case. The verdict states the allegations against my family members does not constitute criminal offence under 498a in the charge sheet and also on the FIR there were no specific allegations against them so, liable to be quashed. coming to mine, based on the jurisdiction crpc 188 the allegations were quashed. However, the judge has given the provision for the Police to obtain central Govt permission and proceed against me if they desire so.

So, now, the question is will the Central govt. gives permission for the criminal investigation abroad? Just to brief u my knife had filed a DV abroad before filing 498a in India which was closed due to lack of evidence in her favour in UK.

Next thing is from my parents side what could they do now? could they file any counter cases?

How do you think this quashal helps in my RCR application and does it work against her in her divorce petition (cruelty, desertion grounds) in any shape or form?

 

Thanks

Gautham



Learning

 3 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     31 December 2013

Dear Querist

my opinion on your queries are as under

will the Central govt. gives permission for the criminal investigation abroad?

opinion: the Center govt. have power to do that but in matrimonial case the govt. will not give the permission.

 

Next thing is from my parents side what could they do now? could they file any counter cases?

opinion: yes, they can file a defemation case against her.

 

How do you think this quashal helps in my RCR application and does it work against her in her divorce petition (cruelty, desertion grounds) in any shape or form?

opinion: yes this quashing will be very helpful in your RCR case, you get the rcr decree in your favour, you can get divorce decree too.

luxman singh (officer)     03 January 2014

SIR, I AM FED UP OF BEHAVIOR OF MY WIFE SHE HAS A RELATION WITH  MY NEIGHBOR .SHE ALWAYS PRETEND NOT TO BE IN RELATION WITH THE PERSON .i HAVE NOTICE THAT SHE TRIES TO SEE HIM WHILE I AM IN THE OFFICE .WHEN EVER I CAUGHT HER SEEING HIM SHE MADE FALSE COMPLAINT AGAINST ME .HER BROTHER AND HER FAMILY MEMBER ARE INCITE HER TO MAKE A FIR AGAINST ME .SIR I AM TOTALLY SHATTERED AND DONT TO LIVE WITH HER .SHE ALWAYS MAKES CHAOS IN THE HOME WHENEVER I SHE TRIES  TO FRIGHTEN ME BY CALLING POLICE. LAST TIME WHEN I TRIED TO MAKE UNDERSTAND THE PERSON ABOUT HIS BEHAVIOR .MY WIFE CALLED THE POLICE AND TREID TO IMPLICATE IN DOWERY AND TEAESING CASE.BUT THE POLICE DID NOT ARREST ME.BECAUSE I HAD DONE NOTHING TO HER ONLY I TRIED TO MAKE THE PERSON UNDERSTAND ABOUT HIS BEHAVIOR TOWARDS MY WIFE.SO PLEASE TELL ME WHAT TO DO

SKapoor_Lawkonect (Lawyer)     10 January 2014

Hi Gautam, in the factual situation that you have mentioned in your query I would opine that the Central Government mostly doesn’t give permission for criminal investigation abroad in matrimonial cases. Secondly, since the case against your parents has been dismissed by the HC on lack of evidence they can very well file a defamation suit against your in-laws or your wife. Thirdly, I am of the view that yes this quashing would be helpful to you in your RCR proceedings under Section 9 of HMA. Moreover, in case you wish to file for divorce this false criminal proceeding against may be of assistance as in a similar case yours the Bombay HC has allowed. Moreover, the SC in the case of K.Srinivas Raov D.A.Deepa (SLP Civil No.4782 of 2007) in a similar factual situation as yours the court has held that “In terms of Section 9 of the Family Courts Act, the Family Courts shall make all efforts to settle the matrimonial disputes through mediation. Even if the Counsellors submit a failure report, the Family Courts shall, with the consent of the parties, refer the matter to the mediation centre. In such a case, however, the Family Courts shall set a reasonable time limit for mediation centres to complete the process of mediation because otherwise the resolution of the disputes by the Family Court may get delayed. In a given case, if there is good chance of settlement, the Family Court in its discretion, can always extend the time limit.”

Regards,

SKapoor,

www.Lawkonect.com,

9555507507.


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