Urgent Advice

fIRST SHE HAS FILED 498a and then application for divorce on  the goround of cruelty and harassment--RIGHT?

If wife has filed the petition for divoce husband has to file the reply and the court will decide on the basis of the arguments whether the divoce will be granyed or not on the basis of evidence come on record-Right?

tHE COURTHAS NOTHING TO DO WITH THE OUT OF SETTLEMNT

If both parties agreed for divoce by mutual consent, the wife has to withdraw the application from the court and both parties file the petition for divorce by mutual consent. The first motion will be passed (in which the wife says that she agreed to withdraw the 498A and its the choice of the parties how much or whe she is willing to leave the alimony or not)

The coourt will finally stamp on the decree that there is no liability on eitherside All things alimonyor not have to be done outside otherwise mutual consent purpose will not be solved

Dear Sir,

Case details,

my grand father has two wife. when first wife was alive they had earned all the property,

& my grandmother passed away he married 2nd wife.

for 1st wife there are 2 children 1st lady & 2nd boy.

for 2nd wife there are 3 children 1 lady & 2 boy.

so we had sold 3 acre of land & made marrage to 2nd wifes daughter & gave some amt to the 1st wifes daughter.

after my grand father passed away the male children's divided as on the wifes.

Now the 1st wifes daughter has filed a case as it was earned when her mother was alive she should get half a part in the property.

how can we prevent her.  Plesase advice me sir. 

As per hindu sccuceesion act now oman too can demand share in the prperty,. But whether it applied to the retrospective cases Please check when it is divided?

Please also check whether there is any will for which whether your mother has given any NOC? OR They have taken any probate in this regard

Ms liberal Thanx!

Please guide me the way forward on 498a against the family(currently criminal proceedings are put on stay by high court)

What next? Mediation failed as other party did not turn up.

Is jail inevitable in 498a....how to prevent this humiliation??

If they filed the 498 A case and is registerd in P.S . Whether you have the FIR Copy with you? How many members have been named under 498A? Whether has ever come to your house for investigation?

Or the amtter is with CAW?

Starting from the begining. if woman or her parents/relative files the FIR say in Delhi district(where the matri hom,e is located), it noramlly refersto the CAW and on the basis of the merits the case is registered in the nearest P.S and the policee starts the investigation and arrest the person on the evidences come on records after the approval of ACP/DCP of the District Area

Now you should be be vigil as soon as the FIR registerd in your name. File the Anticipatory bail application u/s 438 OF Crpc in the court of Additional session Judge who on the basis of the merits of the case may geants you the bail with conditions you have to fullfill. In case if police wants to arest the husband he may get the relief initially

If P.S arrestss the person, then with my sympathy he should file the regular bail

tHIS DEFIANTELY CAUSES THE STIGMA ON THE PERSON WHO INNOCENTLY GET JAILED, Later on after the acquitting the cahrges he may file the Divorce application under the gtrounds of cruety

IF THE WOMAN IS IMPLICATING THE INNOCENT MAN THEN SURELY SHE IS SPOILING HER HOME AND SHE TOO HAS THE NO RIGHT TO CONTINUE

Ms Liberal,

Thanks for the prompt response.

The subjects wife lodged a false complaint in UP (her place of residing)  498a 504 506 etc & summons got issues to the subject. The summons were never served, as a result NBWs were issues. Subjects goes to High court  , gets the matter referred to mediation and so interim relief( stay) granted.

Believe it or not but till date no investigation/FIR/chargesheet etc has been filed.  On the top of it there is no provision of AB (Anticipatory bail in UP), meaning that irrespective of the merit of the case, arrest/surrender is inevitable.

Once mediation fails in High court , they may refer the case back to local court with directives of BAIL ON SAME DAY(Twist- he writes, preferably on same day, or expeditiously on same day...allowing some lacunae so that the accused is again humiliated at local court).Moreover for BOSD you need to arrange two guarantors who should have valid ID proofs , living within the local jurisdiction.If you fail to arrange...therez no bail.

Can anyone out in the forum, suggest ways, laws where subject can get some relief on his arrest? 

What action can one take so that the matter is heard at High court ( Reason- Subject has been threatened with dire consequences if he dares to visit the wife's city, also subject does not know anyone in the city)