Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Kumar Gupta (Software Developer)     14 May 2015

Litigation case against my ex wife for misuse of dowry 498a

Hi 

I am living in Noida. 

I got married in November 2009 in Jaipur and blessed with a baby girl in Oct 2011. In December 2011 my wife left my house and was living with her parents. Her father was a bank person. She transferred her account from Noida to Jaipur. The amount was 7 lakh. That was my money. I transfer this amount in her account for saving income tax. 

After that She filed an application in Jaipur session court (Oct 2012) for 498A, 406, 120B in CRPC under section 156(3) accused to me, My mother, father and younger sister. 

Session court dismissed my anticipatory bail application in Oct 2012.

After that I filed an anticipatory bail application in Rajasthan High Court. 


High Court send us in mediation center. She demand that if I have take custody of my child and don't claim to any bank account of her in future then She is ready to give me divorced.  

I was ready to accept these conditions. 

After submitted the mediation center report, High Court of Jaipur give me the Anticipatory Bail and session court give bail to all other family members in December 2012.

I received my one year daughter in court. 

In January 2013 We filed mutual divorce in family court in Jaipur and got final degree in July 2013.  

But Police filed charge sheet under section 498A, 406 against me and my father. 

Trail was started in session court. In August 2013 after talking the divorced. Magistrate agree for this charges.  

She did not attend the court because she was working some another city. In January 2014 Session Judge issue a notice to her for presenting in court. In February 2014 She came in court and tell that 

We have a conceptual disput (vaicharik matbhed) in our life. So I filed this case and now I don't want to any proceeding in this case.”  
 After that Session court gave relief me and my father from this case. After one week I got the detailed Judgment. 
 

My Question is that can I file a litigation case against my ex wife.  

Because she filed a case only for conceptual disput (vaicharik matbhed). 

The statement of her mention in my detailed judgment.  

Or can I file a PIL for this. 

Anyone help me out for this fight against misuse of dowry act. 

Thanks 

 



Learning

 2 Replies

Sudhir Kumar, Advocate (Advocate)     15 May 2015

Forget about PIL in personal grievance.

Posibility of case against wife can be commented on perusal of all papers.

nikhil singh (Advocate)     15 May 2015

In your case, i would suggest that peace is the ultimate thing. Living in peace is everything and litigation does not bring peace in anybodys life. But still i am advising PIL is not maintainable. I dont know for what reasons you were waiting for so long. At the time of compramise only you should go to High Court and file a 482 petition for quashing the porceddings. Now all what you can file aganist your wife is the case of malicious procecution case. 

For further assistance fell free to contact on
Nikhil Singh
Advocate, Law Consults
'LawCon House', D-61, East of Kailash
New Delhi - 110065
https://www.law-consults.com
https://www.lawinc.in
+917838078186, +919352444446

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register