Anil 24 November 2015

498a registered

Hi,

My In laws filed a complaint with 498a and seeking divorce 6 months back. SI called me during that time saying the case is registered and informed me to settle the dispute outside the court. We tried to talk to them and agreed for divorce with mutual consent but they are demanding huge amount of money now. My wife was pregnant while leaving and abortion was done without my notice.

Can you please suggest me to proceed further. We did not receive any intimation to attend for the enquiry/investigation from the police after the initial incident. Will there be any arrest now based on 498a and any affect for my job? Do we have to agree for the amount they asked ? If i file a divorce petition will there any relief from 498a completely?

Thanks

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8 Replies

Adv. Nikhil Seth (legal consultant (9867264707)) 24 November 2015

The best option u have is to file for divorce. As abortion has hsppened without your consent it's ground for cruelty . File divorce proceedings. Whereas 498 a is concerned police shall carry out investigation thereafter if enough evidence of 498 a than only you shall be arrested. Regards, Adv. Nikhil Seth Mumbai 9867264707

Adv. Nikhil Seth (legal consultant (9867264707)) 24 November 2015

Mahadevaswamy.J (Lawyer) 24 November 2015

good opinion

Srinivasan (IT) 24 November 2015

My opinion is first go for AB and there is no automatic arrests in 498a with out any medical reports or wounds.

Next collect all the proofs of abortion from that hospital and file for divorce. No need to go for agree for the amount they asked If they came for mutual consent divorce with out any demand of money then accept that offer.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 24 November 2015

Dear Anil

My opinion on your queries are as under:

Will there be any arrest now based on 498a and any affect for my job?

Opinion: yes, the arrest can be possible but after the permission of senior police official like ACP/DCP of area and if you are in Govt. Job and you have arrested and sent to jail for 48 Hours then your job can be lose.

Do we have to agree for the amount they asked ?

Opinion; Its depend on your capicity, if you are ready then ok otherwise fight the case on merit.

If i file a divorce petition will there any relief from 498a completely?

Opinion: No, there is no relief, in 498A case.

advise: It will be better to apply for Anticipatory bail before session court or high court u/s 438 of Cr.P.C. and after getting bail fight the case on merit and try to get acquittal.

Feel Free to CAll

Nitish Banka (lawyer) 24 November 2015

Apply for AB, the poosibility of arrest in 498a is less nowadays, collect evidences related to abortion, hire detective services for this. your statement corraborated with evidences only then apply for divorce on grounds of cruelty. If they are after money then beware for maintainence cases aswell

Thanks & Regards,

Nitish Banka

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Anil 26 November 2015

Thank you all for the valuable suggestions and help.Just to ask one more thing related to this.

There will be any arrest without notice ? It's been more than 6 months we are staying sepepately. Will there be any arrest without intimation or Police will serve the notice definitely for the enquiry? Please advise the further steps.