Pawan (Others) 20 June 2012

Will i lose my job if wife files 498\dv cases against me

Hi,

I am married for 4 years now ( in love for 5 years before the marriage with this girl) and we have no kids. My wife has not been with me. She stayed with her parents and I stayed with my parents as we married secretly in a temple and never lived in a same house. We work in the same organization so we meet up daily in the office. We go out on weekends and vacations as well. We had physical relationship all these years ( it was mostly like a live in relationship of a married couple). Now she wants to get divorced and she is not even telling me the reason why. Her father who came to know abt the marriage has asked me for divorce as ours is a inter caste marriage. I said no and he filed few cases against me and forced me to sing on the mutual divorce papers saying they would withdraw the cases once I sign on the papers. I did sign on the papers and even they compromised the cases charged against me in Lok Adalat. I do not want to let her go like this. I want to now why she is doing this to me. Now over second motion is due in sep 2012 and I want to know

I have a few straight questions

1. Can she file for 498a\DV cases against me if I deny her divorce in sep ( as we were never in a same house)

2. If she files it and if I am arrested how early can I get a bail.

3. I work in a Private organization ( Software company MNC), will I lose my job if she files a criminal case against me( Until the charges are actually proved in court )

4.What steps do I take to prevent my parents to get arrested as they are old and I do not want them to face issues for no reason of theirs.

5. I seriously love my wife very much and want to take her back. Want to know why she did this if its just due to parents emotional drama and stuff i will take her back but if she is dumping me for better oppurtunity then I am adamant to deny her divorce and teach her a lesson. let her go for a contested divorce.

6. If I do not attend the court in Sep for second motion of divorce what would happen. Will she be granted Divorce? Or will the case be pending.

7. I am planning for my MS is USA and if she files a 498a before I leave to US will that affect my chances to go abroad.

8. Even she is a software engineer who earns more than me so will she be elgible for maintenance.

9. When she is desperate for divorce and not me why should i pay maintenance if she applies for it. No fault of mine in this relationship. I am ready toa ccept her back but she isnt coming forward.

10. Do I have to attend every hearing in a 498 case or can my advocate attend on my behalf as I cant take leaves too often.

11. What is the minimum amout of time for a 498 case to be closed ( I am sure she will not be able to prove the charges as they are false even if she files a case)

12. Once she files a 498 case.. if I get an oppurtunity to go abroad onsite from company or maybe for higher studies ... can I go ? Or do I have to be in India until the case is closed.

13. If she files cases and fails to prove her charges what cases can I book on her and her parents to teach them a lesson as I know dealing with 498 is mental trauma.

14. Finally .. what do you ppl suggest looking at my case

a. Deny divorce and fight false 498 if she files

b. Leave her in sep and start a new life.

15. Personally I am feeling very bad for whats going on in my life and want to teach such cheap ppl a lesson.

She was with me for all these years enjoyed me and my money and now when she is getting better oppurtunities she wants to shun me away by using few women oriented law in our country.

Kindly reply.

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3 Replies

Guest (Guest) 20 June 2012

Dear Querist,

On the basis of your statement of facts, I tender the following reply to your questions.

1. She can file 498A/DV against you at anytime irrespective of your willingness to divorce her or not.

2. Consequent upon your arrest you shall have to apply for regular bail.

3. Mere registration of the FIR would not result in loss of job. You are innocent unless proven guilty. That being said, a lot of problems could creep in your job if your employer comes to know about the pendency of the trial against you.

4. Apply for AB for yourself and your parents

6. The matter would be postponed to a further date. If you unilaterally withdraw your consent to mutual divorce at the second motion, the court cannot dissolve the marriage by mutual consent.

7. You might have to surrender your passport as a condition precedent to be released on bail.

8. Prima facie, NO

10. You don't have to attend every hearing. Your lawyer can represent you.

11. It could take some years before the verdict comes.

12. Answered at 7.

13. Defamation,False evidence

14. Suggestion: Guard yourself against the false cases that could be registered by her. The road to disprove the allegations of 498A is never smooth. Think what you are getting out of the marriage, and make a conscious decision.

Regards,

Ashish Davessar

Advocate

Pawan (Others) 20 June 2012

Hi Ashish, Sir thank you for your valuable feedback. I also want to know few things

1. Can she go abraod once she files the case here or even she should be here while the case is in progress.

2. I have put aside 50K. Will that be enough to get AB for my parents and myself.

I am from Andhra pradesh, hyderabad.. any pointers to a good lawyer that you know off

Thanks Again

Guest (Guest) 20 June 2012

She can go abroad even after filing a criminal case against you. It is you who will be the accused, whereas she would be a mere witness. If she doesn't testify in the court, her case would fall.

As for the amount, the same depends upon the standing of your lawyer at bar. I regret my inability to recommend a lawyer in AP. You can search here on LCI.