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gaurav dennison (Unemployed)     21 September 2012

Threats of false section 498 case amidst divorce case

Hi, 

I had been married in June 2007 and mine was a love marriage. Since soon after  the wedding I have been subjected to extreme cruelty at the hands of my wife. She has been constantly abusing me, making false accusations, finding reasons to argue and create fights in the family. She repeatedly started forcing me and fighting with me to shift out my parental home. To maintain peace in the household I gave in to her unjust demands and shifted out to a place near her parents home in March 2008. A point to note would be that we stayed at my parental home only for 10 months after wedding. Out of these 10 months we stayed at her parents place on her wish of staying with her mother.

Even after we moved out from my parents place, the fights and the arguments did not stop. She started abusing me even more blatantly using words like "kutte", "haramzyaade" etc. She even attacked me with a chopper. She accused me of sleeping with other women though she has not got any proof for that and neither will she able to provide any proof for that since its a complete lie. She started misbehaving with everyone in my social circle be it my friends or my family or relatives alike. She started coming to my office over the slightest issues and has misbehaved with my friends and colleagues not even sparing my seniors.  She has even gone to the extent of slapping me a few times in public. Due to this behaviour of her and her gross misconduct I was asked to quit my job and have not been able to secure a job for the past 4 months.

She even started threatening suicide if her demands of a lavish lifestyle were not met. She tried commiitting suicide by hanging herself from the fan at my place because she had a fight with her father. She tried drinking phenyle, over dose of medicine etc etc however each time I saved her. Fed up with all this and fearing for my life and my family I filed a complaint with Mr. Chugh & Co. (Advocates - Supreme Court) for the same since I was also being threatened of a false 498 case if her demands were not met.

Finally not  being able to tolerate her brash behaviour any more I lodged a Petition in the Family Court at Patiala House for Dissolution of Marriage. I moved out from the house after giving in writing, an application. Even after this was brought to her notice by the ASI of the Local Police station when she had gone there to file a complaint against me that I had deserted her, she went to the Gurgaon Police Women Cell and filed false accusations against me. Following that my father and I are being called regularly to the Women Cell and are being harrassed and threatened. My wife's mother standing in the Women Cell also called my entire family a family of prostitutes to which the Women Cell Inspectors turned a deaf ear.

The SI in the Gurgaon Police Women Cell has threatened me of having me implicated in a false 498 case if I do not withdraw the case and compromise. We have been constantly appearing at the Womens Cell, listed below are the dates for the hearings that we have been called to and constantly harassed and ridiculed.

Based on the above situations following are my questions :

1. Can she / the Women Cell file a 498 case against me even though there is a case running in Court ? If yes, how does the proceedings of the Section 498 case proceed ? What is Anticipatory Bail in this regards ?

2. Assuming that she can file the 498 case, where would this case be filed ? Can it be filed at any Police Station or according to the geographical jurisdiction ?

3. Can the Women Cell Inspectors force and threaten me to withdraw the case using their authority in this manner ?

4. Is there some way the Patiala House Court can effect a stay on these kind of proceedings in the Women Cell in which we are being unnecessarily harassed ?

5. Also, the Women Cell Inspectors constantly keep threatening me that I will not be able to get a divorce from her till the time she does not agree ? Is this a myth or a fact ?



Learning

 3 Replies

MADURAI LAWYER (LEGAL CONSULTANT)     22 September 2012

Your Question No.1. Can she / the Women Cell file a 498 case against me even though there is a case running in Court ? If yes, how does the proceedings of the Section 498 case proceed ? What is Anticipatory Bail in this regards ?

 

Your wife can file complaint  under S.498-A of I.P.C. during pendency of civil case in the Court of law. However, you are entitled to get anticipatory bail on ground that a false case has been lodged against you as a counterblast to the initiation of divorce proceedings at your instance.

Your Question No.2. Assuming that she can file the 498 case, where would this case be filed ? Can it be filed at any Police Station or according to the geographical jurisdiction ?

Complaint under S.498-A of I.P.C. has to be lodged in the Police Station having  territorial jurisdiction over the place of occurrence. 

 

Your Question No.3. Can the Women Cell Inspectors force and threaten me to withdraw the case using their authority in this manner ?

 

No. They should not threaten you as per the law. However, they usually do it unlawfully.

 

 

Your Question No.4. Is there some way the Patiala House Court can effect a stay on these kind of proceedings in the Women Cell in which we are being unnecessarily harassed ?

 

It depends on how your advocate convinces the Court to get such a relief.

 

Your Question No.5. Also, the Women Cell Inspectors constantly keep threatening me that I will not be able to get a divorce from her till the time she does not agree ? Is this a myth or a fact ?

 

No. She is not correct in saying so.

 

 

 

https://jeevaganadvocate.com/contact.php

 

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Sudhir Kumar, Advocate (Advocate)     05 October 2012

Please meet a lwyer as advised above.


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