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CommonMann (Software Professional)     01 November 2010

Need Suggestion regarding 498A, Divorce cases

I know 498a is criminal offence. Any Indian wife  can file this case against her husband with no proofs. Just want to know, since husband planning to change the job. Now in job change husband have to fill forms for Background verification. In that there is a question like "Have you ever convicted or arrested in any criminal act in Indian court of law". So what should be husband's approach to this in the given scenario. Since all the allegations against husband are false and now settled and closed. Husband and wife already came to an settlement. Husband has all the certified copies for disposed off cases. I heard from someone that this criminal case is not type of category like forgery, murder, terrorists activites etc etc. This is a sort of family dispute. So husband should answer the above question as NO. Lawyersclub members please advise.



 5 Replies

CommonMann (Software Professional)     01 November 2010

Any suggestions pleaseeee?????????

Democratic Indian (n/a)     01 November 2010

Yours is probably just a declaration with some private company for job. Do a cost benefit analysis and find out which loss is bigger. What do you stand to loose, if you mention the details as asked OR what do you stand to loose, if you do not mention the details as asked?


Probably MPs & MLAs know answer to this much better, even when they have to submit legal affidavits and contest elections to represent people of this country in parliament and legislative assemblies.


Above is not a "legal" advice, just a personal opinion.

CommonMann (Software Professional)     02 November 2010

Thanks. Looking for few more suggestions!!!

RAJASEKHAR.TULASI (advocate)     21 November 2010

basically sec 498a or any other section charge is different from conviction. so blame job form maker first.Because u can be arrest even for traffic violation.so arrest is different then conviction which is after trail. matters can be compound or release on fine or dismissed in default,so all these does not come under conviction.so ask to separate. 

1 Like

CommonMann (Software Professional)     22 November 2010

Thanks Rajasekhar JI for your valuable comments.

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