help_divorce (SC) 25 July 2011

help on 498/divorce

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?

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4 Replies

Saurabh..V (Law Consultant) 25 July 2011

@Author

1) Can I get the 498 case quashed from high court?

A1) Yes. However, you have to show clear abuse/misuse of provision of law or you'll have to show that even if the statements are accepted true then also no case is made out. Only a good dedicated lawyer could serve the purpose.

2) Can she file any other case on me?

A2) God knows. She can make imaginary story that you met her on the street and threatened her to kill her and this would attract S.506(II)IPC. There is no end to the agony of innocent accused. But you don't worry about dramatic situations but concentrate on existing issues.

3) Doesn't filing 498 amount to cruelty from her?

A3) Good point. Yes, filing a false and frivulous case only with the intention of harming your reputation and mentally torturing you amounts to cruelity and makes a ground for divorce. Also if a divorce is granted in this condition, she would not be entitled for any maintenance.

4) she filed 498 after a year of separation, doesnt that weaken her case?

A4) No. If the allegations are true then they would stand as firm as they were earlier/fresh. But without giving any reasonable excuse as why she delayed so much she cannot do away with that.

5) Do lower courts convict males, simply because females accuse them of physical torture?

A5) Sometimes yes. so be cautious and plead only before neutral judges. If the judge is a feminist, try to take dates and postpone the case so that you get a neutral who understands the provisions of law and apply them neutrally.

//peace

/Saurabh..V

help_divorce (SC) 25 July 2011

is it true that lower courts can convict males, simply because females accuse them of physical torture?

Ravinder Kumar (Account Director) 25 July 2011

Back all the replies by Saurabh..

help_divorce (SC) 26 July 2011

What is the procedure to get a 498a complaint quashed? Can the complaint be quashed before police files a chargesheet? How does the court decide if a given compliant should be quashed or not?