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Victimof498a (Learner)     07 June 2012

After winning 498a

Dear Friends

After fighting for 4 years, i am completely out of 498a case. Crpc 125 is still going on since 2009, as they have filed the case and not doing anything related to that crpc 125 case.

Got married 6 years back, marriage not consumated till date.What would be my next action.Obviously (not taking her back home).

 

So please let me know whether i have to proceed with divorce, if so on what grounds on what is the best way to fight the case after going through the hell for four years fightting the false 498a case.

Thanks in advance

 

Victimof498a



Learning

 10 Replies

shamina sayed (Advocate)     07 June 2012

you can file divorce petition on grounds of cruelty(wife filing various cases against husband amounts to cruelty),seperation etc.

1 Like

Adv. Chandrasekhar (Advocate)     07 June 2012

If you are quite confident that she cannot prove charges against you in section 498-A case, I suppose the charge sheet has already been filed, then you have to move an application before the magistrate saying to bring the material witness at the first instance.  It is your RIGHT TO HAVE EXPEDITIOUS TRIAL IN CRIMINAL PROCEEDINGS.  If the magistrate does not give favourable verdict then go to High Court asking speedy trial.  File divorce case on cruelty grounds.  But till the Section 498-A disposed in your favour, you cannot prove the ground of cruelty on the ground that she filed false case against you. 

Arjun Gupti (Business)     07 June 2012

MY ADVICE - DO NOT WASTE EVEN 1 SINGLE DAY ON THAT GIRL. You have already wasted 4 years fighting that FAKE 498A. DIVORCE (no matter what your lawyer will tell you) will take 2-3 YEARS, so FORGET ABOUT THIS IDEA AND FIND A GOOD GIRL and get married without informing anybody.

rajiv_lodha (zz)     09 June 2012

Getting married 2nd time without obtaining divorce decree IS BIGAMY, A VERY SERIOUS CRIMINAL OFFENCE............So beware


(Guest)

Is it that easy.....:)

Originally posted by :shamina sayed
"
you can file divorce petition on grounds of cruelty(wife filing various cases against husband amounts to cruelty),seperation etc.
"

Anjuru Chandra Sekhar (Advocate )     10 June 2012

You have to observe the terminology used in the order in S.498a case. You did not mention whether you got acquitted or discharged. Both have different connotations. Acquittal means charges are framed but sufficient evidence found to take you on Trial, but you could prove that you are innocent. But that does not mean she has filed a false case. In such case you cannot file divorce on grounds of cruelty. Whereas on the other hand, discharge before framing of chargesheet means that there is lack of evidence or the evidence submitted or complaint made is found malicious. Even lack of evidence sometimes does not mean false case has been filed, it only means failure on the part of either the complainant or the investigating agency to gather evidences. So even in discharge cases, sometimes it may not be construed as a false case. Therefore, I suggest to go through the order of acquittal/discharge carefully and read it carefully whether the order anywhere gives a hint to you that it is a false case filed by the complainant. Mere acquittal/discharge from case does not automatically validate the theory that it is a false case hence it becomes a fit case for application of divorce on grounds of cruelty.
1 Like

Victimof498a (Learner)     11 June 2012

Dear Chandrasekhar Sir

 

i am accquitted and clearly judge had used "Looking from Any angle i do not find any truth in the vague and imaginary complaint present " and another statement "In the instant case, absolutely there is no evidence at all to believe that the alleged incidents occured at the instance  of appellant or his relatives as alleged by the respondents"

 

these are the few points which are in the judgements, so on these points can i pull them to the court and file defamation cases and will be out of the divorce case soon??

Victimof498a (Learner)     11 June 2012

Adding to that

my marriage is not consumated till date.

we are seperated for more than 6 years.

She has filed a false 498a case.

Not even single penny has been taken as dowry nor no gift from her side has been taken.

Crpc 125 is going on since 2009.

 

Anjuru Chandra Sekhar (Advocate )     15 June 2012

It is held that allegation of cruelty is required to be proved on touchstone of preponderance of probabilities and not on rigours of proof beyond reasonable doubt as in criminal cases. 

 

(Umaminda (mittal) v. Sushil Mittal, I (2010) DMC 107 (DB) (Gau))

 

When the wife has made wild allegations against her husband and his parents, it did amount to mental cruelty on the part of wife.  Divorce granted.

 

(Swarn Kakkar v. Gulshan Kakkar, (1988) MLR 63 P&H High Court.)

 

Hope you got the essence of these citations and infer that divorce can be granted by court easily after the allegations in S.498A are held vague and imaginary by criminal court.  Yes the wordings in the judgment are strong enough to suggest it is a false case filed by wife and can be proceeded against under defamation law.  Try.

 


(Guest)

Marriage not consumated till date, 498a disposed off due to vague & malicious intensions then what else you need for a divorce------A complete package been ready for you to get 100% divorce.


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