498a with dp 3&4
VIJAY
(Querist) 16 August 2018
This query is : Resolved
Hello Experts.
I'm going for a divorce at the Wife's place for a one time settlement but she has filed 498a case at our place (Interstate). She has refused to come to our home city for reasons best known to her.
Once I have the divorce decree in another state. Can I use that to get the 498a at my place removed since she'll not be my wife anymore.
The 498a is stuck in HC as one of our relative has prayed for quashing. If the HC summons her to come and give her statement and if she doesn't come then what happens. How should we get ourselves freed. If the HC refuses to quash the 498a, should I approach the Hon'ble SC.
P. Venu
(Expert) 17 August 2018
Getting a divorce decree as stated, would not lead to the closure of the criminal proceedings under 498A. The High Court, while exercising powers u/S 482 CrPC, is not a trial court. It only examines whether the allegations in the charge-sheet taken in their face-value and accepted in its entirety constitute the offence, as alleged against the petitioner. It could be that even if your relative is successful at the High Court, he alone may be discharged and trial may continue against the other accused.
VIJAY
(Querist) 17 August 2018
Venu Sir,
Thanks for your reply. If the trail goes on. will the trial court summon her or only we have to suffer? Every legal harassment is on us and every expense is on us. They only have to flash the "I am woman card" and need a cry a little bit when needed.
This is gross systemic injustice. Only woman can file cases on anyone and anywhere and get money and get relieved of everything and carry on with their lives but men and their family have to suffer even after the divorce.
Sudhir Kumar, Advocate
(Expert) 17 August 2018
Mr Venu has advised crux of the matter as to how law proceeds.
Divorce (civil process) does not at all close 498a (criminal process)
If your relative succeeds in High Court then he alone will be discharged.
Transfer of case from one state to another is prerogative of Supreme Court. Give facts do not prima-facie suggest any material for attempting so.
