My estranged wife filed for divorce under 13(ia) last year. I had filed for RCR.We have been separated since 16 months now. We have a child who is 3 yrs old and is currently in her custody.
The lady filed 498 against me last month citing cruelty and demand for money. I got arrested for few hours simply because she filed the case on me. i was never informed that she had filed a FIR, the police simply took me in PC without even asking/taking my statement. Luckily I got bail.
Her allegations in both divorce and 498 application are different and both are concocted stories. The police has not yet filed chargesheet, nor did they take any statement. Her main allegations are that I and my family members used to beat her and we asked money from her on certain occassions. My mother had undergone an operation 2 yrs ago and the estranged wife has stated in 498 application that I had demanded money from her to pay hospital bills. I never asked money from her and I have proof which shows that I had settled the hospital bills. I had never asked money from her nor had I hit her.
I have following questions.
1) Can I get the 498 case quashed from high court?
2) Can she file any other case on me?
3) Doesn't filing 498 amount to cruelty from her?
4) she filed 498 after a year of separation, doesnt that weaken her case?
5) Do lower courts convict males, simply because females accuse them of physical torture?