Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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NM (j)     04 September 2015

What after false 498a

My wife filed a FIR U/s 498a and 406 of IPC against me and my brother. All allegations were dropped as per the closure report submitted by the police in court. What should I do now? Now she has filed a Divorce with same allegations which were in 498a in a Family court. As we both live in different city. Can the case be transferred to my place of residence on account of cruelty done by her?



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 7 Replies

saravanan s (legal advisor)     04 September 2015

apply for quashing in the high court

NM (j)     14 September 2015

1. Quashing of Divorce Case is what you mean?

2. We both live in different state. Can I transfer the Divorce case to my native place o/a of Cruelty done by her?

2. what are the options i have after her false 498a case?

Kindly suggests.......

 

prabhakar advocate (advocate)     14 September 2015

It is difficult for husband to get the divorce case transferred to his place of working. So, forget that and save money on that account of filing transfer petition in Supreme court. Next, if you also want divorce, then file reply denying her allegations but also seeking divorce on your own grounds. If you do not want divorce, then appear in that divorce case for two to three dates in mediation and later on leave that case in the hands of an advocate on whom you totally rely. After mediation, in divorce case your presence is required for one or two dates at the time of your evidence.

Joseph Miller   14 September 2015

Originally posted by : prabhakar advocate
It is difficult for husband to get the divorce case transferred to his place of working. So, forget that and save money on that account of filing transfer petition in Supreme court. Next, if you also want divorce, then file reply denying her allegations but also seeking divorce on your own grounds. If you do not want divorce, then appear in that divorce case for two to three dates in mediation and later on leave that case in the hands of an advocate on whom you totally rely. After mediation, in divorce case your presence is required for one or two dates at the time of your evidence.


I agree with him

vijay (M)     17 September 2015

my question to experts .. why not just leave the divorce case ... just don't appear, you save the money and botheration.  the other party will spend money on gettting it ex-parte

 

NM (j)     01 October 2015

But why it is difficult? U/s Section 23A HMA, i am eligible for a relief?

Sarmmarmbb (goi)     01 October 2015

vijay & NM  its safe defense to file divorce in order to further getting rid of any frivolous allegations by spouse

most important is to immediatly attach urself with a genuine and experienced lawyer u will definitely win your battle.

best of luck


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