Negotiable Instruments: Exhaustive Coverage by Adv Roma Bhagat. Register Now!
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vishak (manager)     06 November 2013

Weather it would help devorce


As i earlier expalained that 498a is filed second time. Note that in the first case Clean chit is given by IO in FR which is under protest since 1.5 year.

Now again almost on similar grounds, second time 498a filed and i got AB and trial is to be started.

I am planning to file quash in HC u/s 482 in this week for  this  second case.

Suppose this is quashed then devorce would be granted based on cruelty.

What are the chances of getting the case quahed ?


please help





 4 Replies

fighting for my brother (HR)     06 November 2013

chances rare in quashing as i heard,,. but you can try for that..

I am not lawyer..

Laxmi Kant Joshi (Advocate )     06 November 2013

As you stated that in first time fir the io had given you clean chit and submitted the fr in favour of you , again with same charges a fresh second fir registered against you and you had got ab against these charges , go to hc for quashing The fir , keep all the relevant proof with you of your innoence and fight to quash the fir , you will get success in it . 2 . yes you can file divorce case on the ground of cruelty and mental harssment . 3. You can also file defamation case against her , as she had defamed you in between relatives ,friends and society on putting false cases against you in the fir and you had to face police investigation and court proceedings .

T. Kalaiselvan, Advocate (Advocate)     06 November 2013

If you were acquitted in the first 498a case and your spouse aggrieved over it has come out with another false case against you, you may approach the high court to quash the present FIR on the basis of the disposal of the previous similar case filed by the same person on the same cause of action.  You will certainly get relief.  Further, this will be a solid ground to prove her cruelties before the court on a divorce petition on the grounds of cruelty. 

vishak (manager)     07 November 2013



in the first FIR of 498a i am not acquitted by court, but FR (cleanchit) given by police. This  FR is still  under protest  since last  1.5 year.


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