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notit4tat (SoftwareEngineer)     25 April 2013

Strongness of 498a

Dear Experts,

My wife has filed 498A & DV3&4 after 1 year 9 months of separation. How come Police files like this?

We have married 4 years back, since she went to delivery 2 years back she has not come back. I have conducted lots of concellings at various levels from elders to even in police station also. Police could have filed the cases during the councessling session itself right? And that too duration between the police station concelling and FIR is arround 9 months.

What kind of justice is this?

How come police files the cases even after 2 years of separation?

Do you think this duration could makes the case weak and becomes ground to quash at HC level?

 

Please clarify me



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 2 Replies

ashoksrivastava (scientist)     25 April 2013

Hi as per law 498a can be filed within 3 years of alleged cruelty. DV is not maintainable after 1 year of no cohabitation. regards ASHOK

498A_Victim (service)     25 April 2013

Hi. It will come to mediation centre & both of u will be called for. Try to convince her for mutual consent divorce & get it. Else Frankly it is waste of time & money of urs only.......

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