LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

monika monika (self employed)     02 July 2015

What action can husband take if 498 a is quashed?

after 498 a case is quashed by high court or cupreme court...........

1)what action can husband take ?

2) can the wife ask for alimony from husband after quashing?

3)what consequences wife can face after quashing is done.

4) can the husband ask for compensation from wife, if 498 a is quashed ?

 

 



Learning

 8 Replies

saravanan s (legal advisor)     02 July 2015

he can cite the false 498a case filed by you over him to claim divorce on the grounds of cruelty

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     02 July 2015

Once quashing is done then file Wirt Petition (Mandamus) (Article 226 and Article 21, 19, 14 & 15) against the STATE only for violating the basic constitutional rights for baised investigation/no investigation by the police and charged on such IPCs based on false and concocted stories  and pray for cost for damage occurred & order / direction to register FIR against the culprits. You may get minimum 10 lakhs as cost. Please also do the same in-person.

SAINATH DEVALLA (LEGAL CONSULTANT)     03 July 2015

In addition to the above experts(I would like to know whether U R the wife or someone else prresenting the case.) This is a very sensitive and a dangerous section regarding harrasment part is concerned.Ifit works out for the wife then she is at the top of the world,if it back fires then she is haunted by the husband and his family.Hence the wife has to be very careful in filing this complaint,with valid evidences.

Can U please mention the reasons submitted by the husband for getting it quashedin HC?

Adv Shrikiran.B (Advocate)     03 July 2015

Here are the answers to your questions:

1) what action can husband take ?

Ans: The husband can immediately file a divorce petition praying for divorce.

2) can the wife ask for alimony from husband after quashing?

Ans: Yes, the wife can claim maintenance from husband by filing petition u/s 125 Cr.P.C./24 of HMA.   
  
3)what consequences wife can face after quashing is done.

Ans: It depends on the mood of the husband. 
  
4) can the husband ask for compensation from wife, if 498 a is quashed ?

Ans: No. However, the husband can file defamation suit against the wife and claim for damages for loss of reputation which might /might not work.    

monika monika (self employed)     04 July 2015

my brother n my whole family have been trapped into this case..

 

is the wife eligible to get alimony even after 498 a is quashed?

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE)     04 July 2015

you can file divoce suit against wife.

 

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE)     04 July 2015

you can file case against wife under 182 IPC 

 

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     04 July 2015

It is the wife asking what will happen.

 

Unless some body has enough time than only new cases will crop us otherwise every one will try to move on in life .


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading

Post a Suggestion for LCI Team
Post a Legal Query