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s shukla shukla (employee)     08 January 2010

498A filed after girl took divorce

dear readers,

i given advertisement in news paper for dowryless marriage proposal.Mr RK approched me throgh letter for marriage of her elder daughter.they called me at their home.thereafter he went to my village ,enquired from my father and neighbours all about me.he mentioned in his letter that only girl is my priority and not money .marriage took place in 2002.my wife never went to her sasural.after marriage she stayed with her parents.she stayed with me at my duty station for one month only and again went back to her parents.due to various reasons she file divorce and maintenance case in 2005 which were finalised in mar 2008.she got the divorce.she never complained regarding dowry neither before filing of divorce case nor during proceeding of the case.now she lodged false FIR under 498A after taking divorce against me and six family members with whom she never stayed . the IO did unfair investigation and submitted charge sheet against us.i met DIG who has ordered for reinvestigation.may i request someone to forward and tell me to fight and defend this false case.i will be very grateful.



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 11 Replies

kranthi kiran (Works In Judicial Department)     08 January 2010

At the time time of filing complaint, the girl is no more your wife as divorce was already granted. 498-A IPC says  

“Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

So file discharge petition or intiate quash proceedings u/s 482 Cr.P.C

1 Like

s shukla shukla (employee)     08 January 2010

dear kiran PV sir/madam

could u provide me some court judgement resembling this case.

manuraj (lawyer)     08 January 2010

 dear 

sriram

you can file crl mc(respective high court  for quashing fir . fir not prima facia stand. i hope you will get easily stay from court against this proceedings

manuraj (lawyer)     08 January 2010

 fine kiran

s shukla shukla (employee)     08 January 2010

can any advocate/expert provide me some ruling on this

Jayant Pawar (Lawyer)     08 January 2010

Why are you much eager to knpow about some ruling as fit onto your case...i dnt think whether any ruling is there as similar to your facts. I suggest you file Petition in high cour for quashing and go ahead..you will definitely get the relief at first instance. And i think your case would become the ruling for future litigation. So be daring and file the petition in HC and also raise question regarding the bad conduct of investigation officer and his ability  to investigate.

B.N.Rajamohamed (advocate / commissioner of oaths)     08 January 2010

 

Better you file a petition for quashing the chargesheet before the high court by showing the order copy of divorce in the typeed set . There is  a possibility for success. 


 

Sanjeev Kuchhal (Publishers)     10 January 2010

Please specify that in the complaint the the so called ill-treatment pertains to which period. There must be incidents mentioned there and the relevant dates for that. That period is more important.

Sanjeev Kuchhal (Publishers)     10 January 2010

Please read the judgment attached. May be you will get some clue.


Attached File : 0 0 498acase.txt downloaded: 425 times

kranthi kiran (Works In Judicial Department)     10 January 2010

Thankyou sanjeev for providing a judgment

s shukla shukla (employee)     23 January 2010

Sir I got divorce from my first wife in 1996 from lower court but district court cancelled it.i appealed in high court  and I got judgement in jan 2008 in my favour ie highcourt maintained judgement passed by lower court in 1996.

I got remarried in 09 may 2002.second wife filed divorce and maintenance case in 2005.she took divorce in mar 2008.in 15 may 2005 she lodged FIR stating that at the time of marriage her father gave me gifts and cash amounting five lacs and after marriage she falsely claimed that I have demanded a motor cycle and fifty thousand rupees.she hide the fact from police that she already got divorce.police never came to me and submitted charge sheet under 498A and 494 against me and five family members.she never went to sasuraal,kept staying with her parents.i have a letter written by her father stating that he is very happy to learn that only girl is my priority not money,he went to my home before marriage and enquired all about me and he is fully satisfied.i moved to high court and matter was referred to mediation centre which also failed.again case has been referred to highcourt.simiulaneously I met DIG for unfair investigation by IO who has now ordered for reinvestigation.police moved to court to get CD but court said that it will be provided once stay passed by highcourt is vacated.now I have few querries 1.should i insist  to quash the chargesheet in highcourt.2.if chargesheet is not quashed,do I still have chances of fair reinvestigation.3.what about 494 keeping in mind highcourt’s decision who has maintained lowercourt’s decision passed in 1996.please suggest me and give me relvant ruling if possible

 


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