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Kulveer ( )     09 March 2010

How can I proceed for div so that probable 498A be quashed

Hi,

I got married in April 2009 and came to know about her pre marital relationships through her mailbox. I want to take divorce from her but her parents are threatening me of filing false cases against me. I have all her mails as proofs. I also complained to police regarding their threats via email to various police officials liks SP, DIG, IG, DGP of my region.

I want to know how can proceed for divorce so that even if my in-laws file 498a or other cases, I minimise the damages or I can increase the chances of winning those cases. Is there any way to procced for di v so that I can file the quash petition later and get them quased.

Please help.

SP



Learning

 12 Replies

Niikhil C. Shirgaonkar (Self Employed)     09 March 2010

If you have already filed the complainants as mentioned by you with police officials, then it will definately

minimize the chances of criminal action against you. In respect of divorce you can file regular Marriagae Petition

in family / concern court and can pray for divorce on the grounds of cheating and unfaithfulness. And if at all

during the pendency of Marriage Petition any criminal action is arose against you, it can be simulteneously

defended.

S.B _Kolkata (Service)     09 March 2010

Due to the supreesion of fact, annulment can be granted by the court. My, Dear in your case it is a supression of fact. But you are suggested to be hurry, as you need to have all the proof regarding the threatning given by them. In your case if you prove before the court that they may trap you in false 498A case, you will get anticipatory bail as per the descrition of the court.

Though I am not a lawyers but same as like you who apprehend the same fear and hardly trying to save my old parents and family from the initial harrasment.

 

Still They have not filed any case against you, But you need to prove that there is a high chances of your arrest. Keep in touche witth this website, defenitely you will get good suggestion.

I am from kolkata, can you suggest me how to get the address for sending letter to SP.DIG etc... and how to get acknowledgement of the same..

 

Regards

Rajkumar.

Sreenivas V (S/W)     10 March 2010

Hi Kulveer,

I am also almost exact case now suffering with flase 498A. As said above even though you have enough proofs still they may file 498A on you and you have to get bail and defend the case with some good and experienced advocate. There is a message in this forum with adding section 307 to 498A which explains my case so that you can understand how the things will go here.

1 Like

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     10 March 2010

mr kulveer,

pre marital cases have no effect on divorce. even it is not at all a ground for divorce also.

post marital affairs ie, extramarital affairs ie, establishing s*xual relationship after marriage is a ground for divorce.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     10 March 2010

dowery; 498a; dv all are criminal cases. divorce is a civil case . divorce is seperate and divorce petition have no effect on the above complains. quashing is different, the grounds of 498a etc will be judged  there.

if the wife continuing her premarital relationship and do s*x  - it is matrimonial offence and a ground for divorce. but you have to prove it at court.

Kulveer ( )     10 March 2010

Hi Rajkumar,

You can get the e-mail ids of your district/state police officials from your state govt's website and you can e-mail them. e-mails are kind of self ackn document, but be-careful they will take action on your e-mails as they took on mine e-mails so be carefull in sending e-mails, send them only if you need action from police side. also if police will take action against them then they can file 498A ect. against you in retaliation. if you need any more help from my side them send me meassge.

Thanks!!

Kulveer ( )     10 March 2010

Hi Mr. Rajkumar,

Do you have any divorce judgement related to -- "Due to the supreesion of fact, annulment can be granted by the court. My, Dear in your case it is a supression of fact."

Kulveer ( )     10 March 2010

Hi,

Can any lawyer let me know that if I legally get seperated from my family members now, then how can that help my family members in case of 498A, DV filed against them by my in-laws. Right now my wife is living with me but we can gat seperated soon.

 

Please do reply

harassedbylaws (india)     12 March 2010

1) Get the solid proofs  . I know you the emails but your bitter-half  lie to the court that herpre-marital condition was already conveyed.

So, here is what you can do .

Get the good voice recorder/video recoder  and start the conversation nicely and ask her why she or her parents/relatives did not inform you about the your pre-marital affairs. You need solid proof that they did not inform about their pre-marital status.

2)  Ask your wife to stay in her parents for a while and get expartie RCR seretely ( what it means that they should not aware about the RCR ) . I guess this is nothing wrong to catch the criminals under women dominated laws.

3)  Then make them convince for MUTUAL divorce. Do not make the mistake filling the divorce without RCR expartie or filing the divorce on CRUEL ground( it takes years to prove the cruelty in women dominated laws/courts).

 Still, you can't avoid any retaliation cases but you can easily deal with it as you have proofs and divorce already .

valentine (Advocate)     17 March 2010

Dear all,

 

Any case u/s 498A is a criminal case - a police case in which even in-laws are involved. Originally this section was added to stop severe harassment meted out to wives. But now it has been grossly misused. When the case u/s 498a is under proceeding and any other case is filed either criminal or civil, the same would be dieced on its merits  separately. However, the litigant can take the support of points/documents raised and produced under any other related case. It is up to the court to weigh the value of the same in the case under its jurisdiction and power. 

Divorce, although a civil case, can admit the evidence produced u/s 498A. Such evidence will be of great help in deciding the case. Mens ria or intention/motive will be decided based on such evidence. It may guide the court in arriving at a proper decision/order.

Extra-marital relations becomes a good ground for divorce in any religion. If marriage has taken place by playing fraud annulment of marriage can be decided by the court. However, solid proof and testimony of witnesses will be critical. Adultery is a solid ground for divorce and non-sanction of maintenance allowance. At the same time, however, it is difficult to prove adultery. You may please keep all these points in mind while proceeding with your litigation. Advice from a good family lawyer may help. I am practicing on family side.

 

valentine,advocate,baroda.(M)9427453500

Kulveer ( )     17 March 2010

Hi,

 

My wife has a salaried bank account which she is using since before her marriage in which her name is Mrs. xxxxxx . Can I use that as an evidence of fraud to prove that she was already married, along with the e-mail conversations she did with her boyfriend for the annulment of marriage. Also she has written a letter in which she has admitted that she did some mistakes before marriage and was not able to disclose them before anyone. I had the letter with me.

valentine (Advocate)     18 March 2010

dear

The above details of her banks a/c in which she has opened her account as a married woman using "Mrs," as prefix as also letters written before marriage admitting some mistakes can become a very good evidence to prove her adulterous and then you have to prove adultery within marriage as well. This will certainly become a good ground for divorce and non-payment of maintenance allowance at the same time.

Valentine S. Thakkar,Advocate


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