mahendra (secretary) 06 December 2013

Dowry fir after 3 years of mutual divorce

hello,

i and my wife filed divorce with mutual consent in 2009 and were granted divorce order in 2010

her parents at that time were not ready to let divorce happen, but she agreed on the grounds that our lives were getting miserable due to her family denial to file divorce. she agreed to file mutual consent divorce without informing her parents and we got the divorce

now 3 yrs later today she filed police fir against me and my parents for dowry harrassment..i have not even seen her since past 3 years since i live in Canada n my parents r in india..can i quash this fir? what to do pls advice sir/madam

i am very worried and shocked to know this since my parents are in india

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7 Replies

rahul (director) 06 December 2013

read the terms of mutual divorce

Dr J C Vashista (Advocate) 06 December 2013

The complaint is not maintainable in give circumstances, move High Court for quashing of FIR.

A.SUMATHY 9380902017 (LAWYER) 06 December 2013

File petition before high court for quashing FIR

mahendra (secretary) 06 December 2013

Thank you for your replies. I really appreciate it.

Can someone refer me to a eminent family lawyer in Jaipur, Rajasthan? Since we have to apply to Rajasthan High Court in Jaipur.

We have sent a person to get a copy of FIR from the city where it was lodged. My parents are moving towards Jaipur to apply for quashing of FIR asap.

We are looking for some good lawyer to help us with this urgently.

By the way if we apply for quashing, how long it takes for the result? If it takes long, then will there be a stay on this FIR until the result arrives?

Please reply and oblige Sir.

Many thanks.

Satbeer

Laxmi Kant Joshi (Advocate ) 06 December 2013

1. if the fir is lodged after your mutual concent divorce then it will not stand anywhere in the court , move to high court to quash for the fir . 2. lodging fir after divorce shows her malicious intention towards you to harass you unnecessary and drag into false case , file a written complaint u/s 182 ipc, in the police station with complete facts that how she lodge intentionally false fir against you .

Manoj Kumar Jain (abc) 06 December 2013

File for quash in High court. Limitation of 498A is 3 years from the incident.

T. Kalaiselvan, Advocate (Advocate) 07 December 2013

This is obviously a false case, the police should not have registered a FIR especially without making a discreet inquiry into the circumstances and facts. Now since FIR is filed, the high court maybe approached for quashing of the same before further action by the police.