498a
Mustafa Bhat
(Querist) 10 July 2013
This query is : Resolved
Sir,
As already submitted in earlier post i in May 2012 lodged a complaint against my husband for the cruelty which i faced due him & my inlaws in police they lodged 498A against him & my inlaws & also collected some of belongs from my in laws house,the belongs are only house hold items while as Gold they have not collected,even though i gave them the list of my belongs at my inlaws.Challan was submitted in Dec 2012 & I got just 10-15 days back.Secondly my the 498A is court & under discussion for charge,the lawyer of my husband he saying he has divorced the lady 4 months b4 FIR as per Muslim Personal law.1)Please advise even it is divorce what about the cruelty i suffered at the hands of my husband & inlaws.Is there any judgement which will favour me at this stage as the case is court under discussion whether charge is to be framed or not. 2) How can i collect my Golden ornaments,have to file a seperate suit or i have to apply to the same court to incorporate 406 in addition to 498A ,the police have not incorporated my list of belongs in the challan which was submitted to the Court,by collected some of my belongs please advise what to do.
anuz doda
(Expert) 12 July 2013
1 divorce is not a ground for discharge or acquittal in case of 498A . you need not to worry .
2 you can file a civil suit for your gold etc.. if you have not added 406 in your FIR of 498a than you can file a new FIR for 406.
Mustafa Bhat
(Querist) 12 July 2013
I wrote in application all my belongs including Gold & other household items are at my in laws house & some of it they have used in the marriage of their second son,still police didnt added 406 to it ,when enquired they said u didnt gave the vochures even though i have given them the list of belongs.which they also have not addded in Challan.
