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498_final stage (Professional)     05 June 2013

How difficult is it to get a divorce after 498a and dv?

Women's mother filed 498a and DV against me and my family. I have heard that filing a false criminal case is a cruelty. Can you tell me how seriously court see these things for divorce?

How difficult is it to get a divorce after being trapped under 498a and DV.



Learning

 18 Replies

Adv Archana Deshmukh (Practicing Advocate)     05 June 2013

There cannot be a generalised reply, bcoz every case is different and has its own facts. It all depends upon the allegations made and the evidence brought on record and how strongly the cases are contested. A party may choose to contest till the supreme court and in that case it will take years for the final outcome. Many times the cases are compromised out of court and the matter is settled by MCD which takes 6 months for obtaining the divorce decree.

1 Like

Advocate Deepak Gupta (Lawyer)     05 June 2013

Filing 498A and DV is not curelty . Acquittal in 498A or dismiss of DV  is ground for divorce .  498A and DV and Divorce are of different nature cases. Divorce ( Curelty ground )  based on the matrimonial curelty.  498A curelty and Divorce ( Curelty ground ) is opposite to each other .

498_final stage (Professional)     05 June 2013

To Adv Gupta

Thanks for your response. What if the women take her application back after giving all the trauma and threats? Is that not a cruelty? If acquited from 498a does the girl still have right to contest the divorce case??? 

To Adv Archana,

Thanks for your reply mam. If the lower court dismis the case on certain grounds where the case is made clearly with a malafide intention, then how the lower court judgement could be challenged to move to the higher authority? I dont know law but logically speaking before filing a case there has to be a valid reason behind challenging the previous judegement. Is it correct?

498_final stage (Professional)     05 June 2013

Quick Fact about marriage (Duration - 5 months, Girl is working and earning more than boy)

Got married in April - 2012, Soon after marriage girl started showing discomfort with parents and other family members. 

Shifted paternal house within one month of marriage

Was living away from parents when complaint was lodged in Gurgaon

Girl and her mother wrote in Gurgaon thana that they would like to take it forward from Ghaziabad or Kanpur

All family members who were not living with me were named including married sister

I started getting threat calls

I was attacked in my parental house with a Gunda in the night (Police in Sahibabad thana refused to accept complaint finally me and my mother went to SSP Ghaziabad office and got a receipt of our complaint)

After a month of filing 498a another DV case filed from Kanpur

My father died of a heart attack within 2 months of filing 498a

Mediation falied  - Girl's mother demanding 40Lakh Rs along with 50K PM as maintanance in lieu of mental harrassement

Got a threat call from her mother that she will see me in Kanpur and I will have to be there for DV hearing (Call recorded and complaint lodged in local thana) - No information what actions police took?

During mediation - Mediator accepted this case is false and girl was ready to come back if I throw my widowed mother outside the house. Mediator asked me if I can do so. What kind of mediation is this? Was the mediator also a small toy in the hands of these corrupt women?

Its now 4 months when the chargesheet is not out. What could be the possible reason? What are the rights which I can excercise to expedite the whole process of hearing??? would  I be thrown into jail as it is said that police custody and jail is hard to avoid under 498a???

498_final stage (Professional)     05 June 2013

Please read the judgement - https://articles.timesofindia.indiatimes.com/2010-04-17/mumbai/28126855_1_mental-cruelty-lata-dowry

false 498a is a ground for divorce. My only question is - Can girl still delay the proceedings of divorce even when it is apparent that she field false cases with a motive to make money and settle scores???

Advocate Deepak Gupta (Lawyer)     05 June 2013

Shifting of  FIR  is not possible and not depend on the wishes of complainant . If family member name in FIR ( Not resided with you )  move to HC for qushaing FIR .If police not taking any action against ur mother-in-law file application in court . Take AB from court.  Concern with your lawyer .

Your wife may be delay the proceedings .

498_final stage (Professional)     05 June 2013

FIR has not shifted. The complaint was done in Gurgaon (No FIR was laudged) there these women wrote on their application that we would take the matter forward either from Ghaziabad or from Kanpur. And then they attacked our house with a Gunda with the motive of making their case strong that we tried to resolve the issue but we were thrown away from the house. This is something what they have done in their FIR in Ghaziabad.

The girl is saying that I used to force her to come to Ghaziabad over the weekend and we all used to torture her including my sister who is not residing with my parents from last 10 years. And from monday the girl used to get back to office. Its only saturday, sunday when she was tortured. That is the complaint  

AB is not possible in Ghaziabad, however we are on interim bail and awaiting chargesheet. Surprizingly it is said law is one for all but proceeding varies in every state of India.

Advocate Deepak Gupta (Lawyer)     05 June 2013

Move to high court on the behalf of your sister name in FIR definitely  positive result. Jurisdiction matter arises if complaint move from Gurgaon to Kanpur or Gaziabad. Curelty incident is matter of evidence .

498_final stage (Professional)     05 June 2013

Hello sir,

What if the police remove my sister name in the chargesheet based on the lack of evidence? Would police do anything against my father who is no more and died because of this shock??? My mother is a senior citizen. https://www.telegraphindia.com/1130126/jsp/calcutta/story_16485664.jsp#.Ua9MvED-Hzw

What is the way I could send these women to jail? are there laws who could consider women as criminals if proper evidences are produced???

Advocate Deepak Gupta (Lawyer)     05 June 2013

Its good . No police cant do any thing against your father . sorry to say senior citizen is social aspect its not effect the legal proceeding .  Keep Cool first sort out your problem . If you look use and misuse of 498a  in social aspect , when sister file entire family support it - ( Define - USE) when wife file husband and his  family  oppose it -( Define - MISUSE ) its two side of coin .

I understand your mental trauma situation . Sampathy with u .

498_final stage (Professional)     05 June 2013

Dear Mr. Gupta,

Thanks for your quick response and sympathy. But I really want to fight out the case till the end and also without losing my mental peace. I want to send them to jail. I have evidences which can prove her guilty if court consider them. I have audio recordings (done from my cellphone) when she used to threat me for false cases and used to abuse my parents and sister. She even made statements like she would make my nephew an orphan by killing my sister. Would court really take action on these  after seeing false 498a and DV cases? Or court would just say .... oh she is a woman who is not able to handle the marital pressure? How does the court in Uttar Pradesh Specially behave?

Reformist !!! (Other)     05 June 2013

filing false 498a is always a ground of divorce and infact this is one of the best ground as u can prove in 498a that all allegations were false and all other cruelty grounds ar most of the time not proved because one does not have proofs of the things happened in 4 walls.

498_final stage (Professional)     05 June 2013

Thanks Mr 498a wedding gift. I have those evidences as well which used to happen within the 4 walls.

By the way when is this moving coming "498a the wedding gift" has the movie released???

Reformist !!! (Other)     06 June 2013

It is releasing on 5th of July exactly after 1 month from now.


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