Sanjay Samuel Krishnan (IT) 18 January 2014

Please advise on 498

Hello Sir,
My Marriage was performed on 1 Nov 2011 (christian marriage).I applied for divorce on grounds of cruelty on 12 Sep 2012.My wife applied for DV and Maintenance on 17 Jan 2013.DV was later struck off.Yesterday my brother recieved a call from the Vizag SI that my wife wanted to apply false 498a after 1.5 yrs. They did not take the case as my brother immediately directed the SI to my lawyer.
They are pressuring the SI to lodge 498.
Please can you advise how these articles can be used IPC182,IPC211,CRPC340/341, 156(3)

Thanks in advance.

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5 Replies

Sanjay Samuel Krishnan (IT) 18 January 2014

Sir, Please can you advise on my query.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 18 January 2014

Dear Sanjay

your query is not clear, what do you want to know?

Sanjay Samuel Krishnan (IT) 18 January 2014

Nadeem Sir,

Can 498a be still lodged even after 1.5 yrs of seperation (when the divorce proceedings are still on). Is it maintainable?

She has already filed for DV and maintenance case putting the most henious allegations on me ( a world record of sorts)

My question is can these articles be a counterweight for 498a [IPC182,IPC211,CRPC340/341, 156(3) ] so that proper investigation is done by police before filing of 498a.

My whole story is here -> https://www.lawyersclubindia.com/forum/Please-advise-on-divorce-and-maintenance-thanks-in-advance-95745.asp#.UtpecYWwqUk

Many thanks Sir.

Sanjay Samuel Krishnan (IT) 18 January 2014

Nadeem Sir and Shonee Sir. Please can you advise. Sincere apologises for mentioning your names seeking advise.

sandykrish (Interested in Family LAW) 18 January 2014

Yes, they can still file 498a on you and your family, divorce, DV and 498a case are separate cases and they are maintainable. Dude when they are making such level of allegations which is clear that they are ready for settlement spree sit together and speak to your wifes family and put forth the MCD option once for all pay and clear of the headache or the option is left to you is to fight all the cases based on merit and let the time decide and I am sure if you're strong enough thrn they will come down to settlement and take decisions appropriately. Keep one thing in mind that in marital discord 80% of the cases are won when you are emotionally strong and 20% of the cases are won through legal battle. Now acc to stats 96% of cases will be settled out of court via MCD. To get a good level of legal awareness please join SIF. If you are based out of bangalore ping me your number via PM. Keep faith and be strong dooms day will finally arrive for you.