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bharat   28 May 2016

Victim of 498a

Dear All, Even I am victim of 498a, 406. Police has given the charge sheet after investigation .My ex wife filed these allegations now , she was not staying with me since 2 yr , but was leading a independent life , as I didn't pay any single compensation as demanded by her parent so they filed all these charges . Now my question is 1)Currently 498a and 406 chargesheet is filed  2)In the meanwhile I filed divorce and got exparte decree order , as she didnt attend or acknowledged the court notice 3)I got court notice from family court recently ,  found even she had also filed divorce prior to me. Now as the divorce is granted by family court to me , and again she had also filed divorce prior to me , so how its going to help me in 498a and 406 . If she gets exparte decree , will these 498a and 406 still be applicable ? Please advise ... regards  



Learning

 12 Replies

saravanan s (legal advisor)     28 May 2016

She can file a set aside petition against the exparte divorce granted to you by the family court.498a is a separate case which can be filed over the husband even after the wife had got divorced.so you need to fight the case on merits and the divorce decree you got has nothing to do with 498a filed over you

bharat   29 May 2016

Thanks Sir, well as she has also filed divorce petition(As mentioned in my note), which I got to know later , so what is the significance or justification she is going to provide to court on filing set aside on my exparte decree. 

secondly if she does 2nd marriage/ have living relation   will 498a still applicable ?

 

regards 

 


(Guest)
498a/406 proceedings are independent of any divorce proceedings - no relation between the two. Consult a senior lawyer and study the chargesheet. If grounds are made out for quashing go for that. Else prepare a defense. If allegations are false the case will definitely go in your favor if you focus on defense. Don't bother about divorce etc. it is irrelevant to current case.

SAINATH DEVALLA (LEGAL CONSULTANT)     29 May 2016

I sail with the replies of the above.

bharat   29 May 2016

Thanks everyone. @autohide147- well these allegations are just to extract money. Secondly these allegations she had after 3 yr staying apart from me suddenly.since more than 1.5 yr no trail had happened nor any summon has been issued to me.... if she marries someone will these allegation still be effctive...

bharat   29 May 2016

Thanks everyone. @autohide147- well these allegations are just to extract money. Secondly these allegations she had after 3 yr staying apart from me suddenly.since more than 1.5 yr no trail had happened nor any summon has been issued to me.... if she marries someone will these allegation still be effctive...

(Guest)

Doesn't matter why she is putting allegations. Many women want money, other want to harass for no reason, many are caught in web of corrupt lawyers who instigate to start new cases. If allegations are false they will not effective and will boomerang back on her with, remarriage has no connection. 

A walk alone (-)     29 May 2016

If she remarry and not coming court then might be your 498 a have chance of quash in HC because she is now settled in her own life. Consult along with of her remarry evidence to experience lawyer. But if only divorce not remarry then your 498a case will run as usual

Pawan S (06292021602) (Advocate)     01 June 2016

Asking for divorce at this point keeping all other cases pending was a defective thought. Which means the wife is free now and she can enjoy her spirit in her own style. But you got stuck with the cases. It will not bring you any respite, even if she remarries.

 

 

 

In some cases, 498A complaint is withdrawn by the wife as a condition to go for MCD by the husband. It has been agreed by wife to withdraw the 498A complaint as part of the consented settlement. So, If the wife refuses to withdraw the 498A case later on, the husband can file a petition before the High Court to quash the said 498A case based on the conditions mentioned in the MCD.

 

 

 

Like a shot at this stage, you don’t have any option other than to oppose against the cases , which will take time. So, go to the High Court and file Speedy Trial U/S 483 CrPC read with Article 227 of the Indian Constitution by praying that to direct the Learned JM to dispose of the 498A case within 6 months from the communication of the order. 

1 Like

SAINATH DEVALLA (LEGAL CONSULTANT)     01 June 2016

 

apt conclusion by Ektaji.

bharat   01 June 2016

Thanks a ton Ekta Ji . Just to be on same page .

1) "High Court to quash, the said 498A case based on the conditions mentioned in the MCD" -  To my understanding does this MCD refers to the divorce petition filed by wife in family .If yes this petition can be refernced to quash 498A?

2) "Go to the High Court and file Speedy Trial U/S 483 CrPC read with Article 227 of the Indian Constitution by praying that to direct the Learned JM to dispose of the 498A case within 6 months from the communication of the order."   -   Ekta ji  here which order your refering to ? As 498a case is pending in police court and I didnt receive any summon till now .

 

 

 

 

Pawan S (06292021602) (Advocate)     01 June 2016

1. Section 13B of the HMA Act 1955 provides for divorce by mutual consent (MCD - Mutual Consent Divorce) 

2. Here, Order refers to the order of speedy trial.

 

Regards,

Ekta


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