498 monster
Bruce Shiv
(Querist) 30 May 2011
This query is : Resolved
my estranged wife filled false 498, 323 & 507 charges against me. I tried a compromise in the family court & she then in court admitted before the Judge she lied filing false reports in anger, as a result I was acquitted. The compromise did not work as she is a nasty unbearable monster to live with so I filed for a divorce in Australia (I am an Aust. citizen) Now she wants to reverse the courts judgment by saying she lied last time in court (again). Can she have the judgement quashed & restart the 498 trail?
Raj Kumar Makkad
(Expert) 30 May 2011
Once you acquitted from the charges framed under section 498A IPC, there is no scope to re-open same chapter again on the same allegations for the same period by your wife. Judgment once pronounced cannot be reversed by same court. She may file an appeal or a civil suit getting declared such judgments as null and void being based on fraud and representation.
Bruce Shiv
(Querist) 30 May 2011
Hmmm thank You for that Raj ji, what are the chances of that? How & when can this nightmare be ended? Once I am divorced can she still harm me?
Ajay Bansal
(Expert) 30 May 2011
Agreed with aforesaid views.
Bruce Shiv
(Querist) 30 May 2011
Hmmm thank You for all Your comments.
How & when can this nightmare be ended?
Once I am divorced can she still continue to harm me?
M/s. Y-not legal services
(Expert) 30 May 2011
No mr.bruice. Still now you are very safe hands of law. Untill the appellate court set aside the judgment against your acquittal you need not to worry.
G.Sundara Rajan
(Expert) 30 May 2011
Your wife cannot reverse the judgements which have become final, as she cannot file case in same set of facts.
however nothing in law prevents her from filing a second criminal case at a different time, since the old case is not pending.
For ex: 'A' files a case against 'B' for 'D' offence said to have taken place at 'X' time and later deposes to the effect that the 'Z'case comes a cropper. 'A' can still file a case against 'B' for 'D' offence, but at a different time after the 'Z' case is finished, and initiate 'Y' case.
It is just like 'H' hitting you once somewhere in 2001 and being tried for the case. And 'H' again hits you in 2011 and you are still entitled to file a complaint that 'H' has hit you now and therefore be tried.
But then, you can use the earlier judgement and depositions of your wife where she said that she lied, and use it as a defence for the fresh case if any.
For the second part of your question, 'She cannot file any case under the aforesaid sections, once you have divorced'.
I think you want a divorce since you are calling your life a nightmare caused by your wife. File a Divorce O.P. then.
Bruce Shiv
(Querist) 30 May 2011
Thanks again for all our sound & experienced advice.
What is a Divorce O.P.?
I have filed for a 'no fault' Australian divorce being an Aust. citizen which will be through in around 6 weeks. Then I will be free to live a normal life again :)
Honestly this 498 mess should be abolished for all the misuse it is gaining popularity from wicked females hell bent on harming innocent people.
M V Gupta
(Expert) 01 June 2011
The intention of Sec. 498 A is to protect hapless wives from the cruelty meted out to them in many house holds. The mere fact that some women are misusing the provisions cannot be a ground to delete the provision. A lot of debate is taking place on the misuse of the provison and suggestion are made by experts to introduce stringent punishment for misuse of the provision and also to provide that no impromptu arrests should be effceted unless a prima facie case emerges after preliminary investigation by the police. A kitchen knife cannot be abandoned because it can hurt the user.
Guest
(Expert) 03 June 2011
Dear Bruce,
There is no remedy you have to bear the brunt until proved innocent, as no one can force a woman not to misuse the provisions of law, as the law is in their favour only. However, if provision of some stringent penalty is made for misusers of the law only then the misuse can be reduced.
But, I won't like to give you any false hope. Frankly speaking, if some one assures you to be in safe hands of law, don't think so, as until law takes its own course, it has never provided safe hands to any one. Your nightmare can end only when your wife decides not to disturb you any more. You may also have to bear with your sufferings for some more period, if she prefers to appeal against the earlier judgment.
SO, PATIENCE IS THE ONLY REMEDY TO OBSERVE FOR SOME TIME MORE.
Bruce Shiv
(Querist) 03 June 2011
Thanks for all Your feedback. Shri MV Gupta as 98-99% of 498 cases lodged are fraud then there is something very seriously wrong!!! It is far more deadly than a simple kitchen knife, it is harming Lakhs of innocent people so it does need major fixing. If a simple kitchen knife is exploding & is harming innocent people rather than doing good.....then the knife has some serious flaws that needs overhauling & redesigning.
Should I be filing charges against this women for her crimes or will this law blindly & unjustly side with her & protect her?
