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MrDinoMorea (O)     27 January 2013

Chargesheet of 498a

This is my brief story:

1. I Got married in 2011.

2 Marriage ended within 6 months becauise I understood my wife was a psychopath with dangeous suicidal and homicidal tendencies. We got eparated and were staying apart. No kids.

3. I filed for a divorce on grounds of cruelty, 10 months after marriage.

4. Wife's refused to give divorce, she filed objection asking the family court to cancel my petiton saying it is premature. But the court upheld my petition sayig that it is a special case. The case then went to mediation on family court where it failed badly . I refused to withdraw my divorce petition and said I want divorce.

5. The same month,my wife filed false 498a against me and my parents and brothers, simply to harass us and take revenge. This was after 8 months of separation and 4 months of me filing for divorce.We were arrested but were released and are now on bail.

6. Chargesheet is yet to be filed.

I need advice on how to proceed further. Is there anything I could do at this level? Can their false case be quashed? We are totally innocent.Also should we file a case against them?



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 11 Replies

MrDinoMorea (O)     27 January 2013

@Ashsih Davessar Thank you sir.

1.Will it be possible to end the case at police station level itself,i.e. if they can file a chargesheet in my favour?

2.After the chargesheet is filed, can the FIR / chargesheet / the case as such be quashed?

MrDinoMorea (O)     27 January 2013

@ Ashish If the police send a closure report, can my enemies cause any problems when they know their case has been closed by police?

What are my options once the chargesheet is filed?

Barjinder singh (saharanpur)     27 January 2013

 

A case was registered against a friend of mine u/s 406 420, complainant filled complaint without any proof other than a recorded C D of conversation between his wife & my friend; also he filled complaint on behalf of his cousin, wife & his brother in law without taking any authority latter from them. My friend is on regular bail & police also put up charge sheet. Can he go to high court for quashing? 

Chetan Joshi (Advisory/Advocacy)     28 January 2013

File a discharge petition...Were the mental ailments concealed from you at the time of marriage?

 

 

Regards

Chetan(dot)7679(at)gmail(dot)com 

MrDinoMorea (O)     28 January 2013

@chetan Yes they never told us anything about it. In fact, they sent us emails saying she is 100% normal! Not only is she a maniac, she also suffers from physical issues like asthma, allergy. What is a discharge petition?

MrDinoMorea (O)     28 January 2013

@chetan Yes they never told us anything about it. In fact, they sent us emails saying she is 100% normal! Not only is she a maniac, she also suffers from physical issues like asthma, allergy. What is a discharge petition?

Chetan Joshi (Advisory/Advocacy)     29 January 2013

Its an application under Sec 239 Crpc...

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     29 January 2013

Classic mistake, when the situation warranted annulment you filed for divorce.

 

Now even if you are granted divorce the case would proceed and not quashed on this ground alone. However, if the marriage was to be annulled, the likelyhood of quash would have been more on that ground alone.

 

Anyways quashing happens on very limited grounds and a divorce is granted post 498a has not been considered ground enough by any HC as of now (or maybe I have not come across such judgment)

 

Regards,

 

Shonee Kapoor

1 Like

MrDinoMorea (O)     30 January 2013

@Shonee Kapoor Sir, we filed for divorce on grounds of cruelty. We were afraid she may kill someone because she hated us all. She was always threatening to commit suicide, and if she killed herself , we all would 've been in soup.

1. What is 'annulment of marriage'? is it different from getting a divorce? And if I did not go for divorce, then on what ground could I have filed for annulment?

2. How could we proceed now once the chargesheet is filed?


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