Divorce Petetion,Interim Maintenance and 498a

Devang (Querist) 01 October 2017 This query is : Resolved
I am an employee of a private company from ahmedabad . We have got married 6 years ago as per Hindu Rituals n having a 5 years old child. I have filed divorce Petetion against her on the ground of mental and physical cruelty 8 months ago. We wer staying in Kutch district after marriage due to my job there and now we have shifted to Ahmedabad since last 3 years and wer staying with my parents. Now my wife use to quarel with me and my parents for the matters such as she was demanding certain amount for her personal expenses from me, she was behaving so rudely with me and my parents n use to abused them often and not allowing my son to go to my parents etc. It was become her routine infact. I have asked her that let's go saperate on rental home but she denied Than we have finally decided to file suit against her but even after filing Petetion against her she continued with her misbehavior and harassment. After that I have taken home on rental basis and went separate there hoping that she'd improve her behaviour but she was become more arrogant and also violent to me day by day. Once she beaten me and i had given application to the local police station regarding the same.
Now a month ago suddenly she went away to her parent's home in Jamnagar and given application for 498a against me and my old age parents and Police has filed fir against us.
Please guide me what to do next in this case and can police proceed further for 498a eventhough our case is already going on here in Ahmedabad family court? Please advise.

Follow Query

Report Abuse

Devang (Querist) 01 October 2017
Please guide me

Guest (Expert) 01 October 2017
First you only had filed the Divorce Petition and started the Legal Dispute.

Guest (Expert) 01 October 2017
The life of innocent children whose Parents are not together would be horrible.

Guest (Expert) 01 October 2017
Better go for a compromise with the help of elders respected by both the families and get united peacefully and pleasantly atleast for the sake of your child.

Vijay Raj Mahajan (Expert) 01 October 2017
When the divorce case going on in the Family Court, why did you continue living with her? This itself show that the divorce case filled by you were on the non-existing grounds. A person not having good marital relationship with the spouse and complains of the mental cruelty will not continue living with the life partner just for the sake of saving the marriage by making the spouse change his/her attitude, this is the presumption the court takes while deciding the divorce case on the ground of cruelty and dismissing it.
The Police registered FIR against you and your parents under 498A IPC for cruelty also keeping in mind that your divorce case against her on the ground of cruelty seems fake in nature as you both continued living together even after your filling the divorce case and in order to make her agree for divorce you must have pressurised her thus committed mental cruelty on her.
The real fault lies with your lawyers and legal advisors that has brought all this trouble for you at this stage.

Advocate M.Bhadra (Expert) 01 October 2017
You should first file an anticipatory bail application and after getting bail defend the case u/sec.498 a IPC.
You should also continue the divorce suit if it is pending for disposal.

Guest (Expert) 01 October 2017
In 498 A cases presently the Police can not take action directly Just because they had filed an FIR.They have to justify the complaint received in the Court and seek the Court's consent/permission before proceeding with any action.Because of this many number of 498 A cases filed with Police have not proceeded further lacking genuineness. Discuss and appoint a Local Good Senior Advocate.

P. Venu (Expert) 01 October 2017
You may pursue divorce proceedings if you have the case of marital cruelty on the part of your wife. As regards to the 498A case, there need not be much concern if you are really innocent.

Rajendra K Goyal (Expert) 01 October 2017
As FIR has been registered against you, obtain services of some senior experienced lawyer expert in criminal and family matters and defend the case against you.

Proceed to get anticipatory bail.

Kumar Doab (Expert) 01 October 2017
Subsequent to posts of Mr. Vijay Raj Mahajan, Mr. P. Venu, Mr. Rajendra K Goyal..............you may certainly approach a very able senior LOCAL counsel of unshakable repute wand integrity specializing in Family matters having successful track record..........and proceed further under experts guidance of your counsel.....

Divorce Petetion,Interim Maintenance and 498a

Similar Resolved Queries :