(Guest)

498A case file after 1 year of divorce case

I married my wife on 6th July 2007 after a long 3 yrs of love relation . The marriage was done in a early stage where I was not financially stable but my wif presurrized me. No dowry was taken in the marrige but my wife' father gave me wooden bed , dressing table , godrej almirah and I accepted that as my wife told that her father has some prestige in fornt of other relatives. I gave my ife jewelrries of around 50,000and she also bought my jeweleried for her own not sure of the amount.After the marriage she kept all the jeweleries with her own family. My wife did not liked my parents and hence tried to convinc to leave seperatel. As me parents are old and crippled she avoied to take any responsibilities against them and while staying created scenarios to show mw tht my parents aare not liking her. She left my house and asked me to come out with her and live seperately. As my financial condition was not stable after the marriage I requested he to wait for few months . She also started presuriizing me to take a falt near her parents house whihc i did not agree at all. Anyhow my incidenst took place and she tried her best to detach me with my parents and menatinme i got a opportunity abroad . I askwd her to accompany me but things re so far and there are so manypeople got involved and givine her advices she did not came with me and instead she she filed a divorce on Feb ,2009 demaindin 20 bharis of gold whihc she told she got in marriage and claimed that it is kept in my house. The case was running for last one year . In the meantime i booked one flat and took leaves and came in India to ask my wife if she agreees to start everything newly. But as she knew i came back she filed 498a/406/34 and a registerd letteris sent to my manager in my office to stop me from going back mentioning the case details.Anyhow I flew bck to US but now my official manager is forcing me to come bck to India as he is suspecting that may be court law may come and ultimaltey i have to come back in short notice. I have to got the anticipitory bail yet. Is it hard to get the bail of mine inthis case.

I want to know

1>How much strong is the 498a case whihc was fiiled after 1 yr of dicorce case

2> I knew that my wife is planning to remarry and with the intention of extort me and for getting the divorce soon . Can my wife remarry while the 498a case is running. Shud I need to continue the divorce case that was seperately file 1 yr ago.

3> My office is asking me to come back on the basis of the letter snet by the PS. Is it justified?

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7 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 03 February 2010

1. In the given facts, her case is very weak but it shall a long time to harass you. so it is better if you go to high court under section 482 Cr. P. C. for quashing of FIR.

2. 498 A and divorce case are two different matters. If divorce is granted and if no appeal is filed against it by either party then she can re-marry even though criminal case under section 498A may be pending.

1 Like

G. ARAVINTHAN (Legal Consultant / Solicitor) 05 February 2010

Raj Kumar sir is right. No case arise in the circumstance given above

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 08 February 2010

I DO AGREE WITH THE VIEW OF MY LD. FRIEND.

Daksh (Student) 11 February 2010

Dear All,

In view of the ratio in Adalat Prasad Judgement will it not be a wrong adventure to opt for quashing of FIR.

Best Regards

Daksh

(Guest)

Thnx much for all of your suggestions. Police kept my father in custody for 1 night and next day he got bail from the lower court.

We applied bail in the high court for my mother and sister and high court redirected that to lower court and lower court granted that.

It is more or less understood that my inlaws have done negotiations with the police and police is pressurizing my family to bring me back and threateing to cancel my visa.I am regotiating with my employer to extend my stay which is very hard as I mentioned above that police has already sent one letter to my manager mentioning the case details and asking to bring me back. The IO officer is challenging of taking me in custody once I am back. I dont know sending these types of letters is legal or not.

Also my inlaws lawer offered my matrimonial lawer to give back the money and jeweleries she demaned and divorce and then they will withdraw the case.

My inlaws claimed that they have recordings of my voice that will go against us if we continue the case. Actaully while she was in my house she did some nasty acts like adding stapler pins in her own rice(tried to prove that my mother is trying to kill her) and taking my mothers jeweleries in her own almirah creating an instance that my family is trying to accuse her .Doing all these incidents she tried to prove that she cant stay with my parents and pressurized me to take a seperate falt near her parents house which I strongly opposed. These casue quarells and she used to record those and now she is caliming she has recording where I am accepting that the above told incidents are done by mya mother. I am not sure of the recordings but that time I was very much stunning to me and I was very confused and tried to maintai both my parents and wife.

CAn you please let me know how can these recording can go against me.

I are in the hiring a crminal lawer . He suggested that he will be working in quashing the case.

I dont know if they can really cancel my visa or not and if it is really required to go back or not as I think going back will help the police to take me in custody.

Please suggest.