498a???? 2nd time & divocre
Bruce Shiv
(Querist) 15 February 2011
This query is : Resolved
I am a foreigner, married an Indian lady who is infertile which she lied about, her temperament is very aggressive & unstable. She over 2 years demanded & received 10 lacs. She regularly threatened me with divorce but never took action. So I filed for divorce to which she lodged a false 498a 4 weeks later. Which she is now claiming to be withdrawing as she has changed her mind? Can she file again in the future? If so is it weaker? What is the best thing to do to be safe? How can I divorce her & stay safe? She has also had my passport seized through the courts.
adv. rajeev ( rajoo )
(Expert) 15 February 2011
let her statement of apology be recorded in the court order sheet.
Bruce Shiv
(Querist) 15 February 2011
Hmm OK but if she wont apologize in court? Then.......
N.K.Assumi
(Expert) 15 February 2011
No one should take the Court for a ride by blowing hot and old.
N.K.Assumi
(Expert) 15 February 2011
No one should take the Court for a ride by blowing hot and cold.
N.K.Assumi
(Expert) 15 February 2011
No one should take the Court for a ride by blowing hot and cold.
indrajit mukhopadhyay
(Expert) 15 February 2011
get her statement recorded in judicial record of the court at first instances then continue your divorce case.If she files any other case subsequently,hopefully there will be no result.
Bruce Shiv
(Querist) 16 February 2011
I am an Australian citizen with a PIO because of my Indian wife. Which I made a huge mistake marrying 2 years ago with the hope of living happily together & raising a family here in India. But sadly she had deceived me & my family about her fertility, her willingness to live with me, along with many, many other lies. She turned out to be very seriously emotionally unstable & extremely abusive verbally. She had demanded over this 2 year period some 10lacs from me which I had paid to her. I also arranged for her Australian citizenship which she had also demanded. Now I came to know she ONLY married me to extort money from me & to gain Australian citizenship. As I was not happy with the way the relationship was going I eventually filed a divorce petition. To which 4 weeks later she responded by filing a false 498A FIR (dowry & assault charge) against me driven purely by malice & revenge. I had committed no crime, never harmed her in any way, demanded no dowry/money from her, yet with this law a woman in India can do enormous unjust harm which is what she is trying to do to me. The stress overload, on my well being has been overwhelming. I had to take Anticipatory Bail to prevent my arrest. She also repeatedly calling my place of employment, to my CEO & Vice President threatening them to dragging the Companies good name through the media till they finally succumbed to her baseless accusations & harassment against me & they consequently terminated my employment. Plus my passport is gone. How is the safest & fastest way out of the clutches of this monster, get divorce & regain my life back to normal? What would happen if she refiled a fresh 498?
abhishek
(Expert) 16 February 2011
Dear,
You have to confront the case and have to prove what you stating against your wife. If there is any chance for a compromise, then try to execute it before court and asked the court for compounding of offence under section 498A and go for mutual divorce.
The Supreme Court is clear on this point that in complaint under section 498A, however not compoundable, but between husband and wife if any compromise get executed for settlement, then the trial court can also compound the offence.
B.S. Joshi v. State of Haryana, 2003 (51) All LR 222 : (AIR 2003 SC 1386 : 2003 Cri LJ 2028)
Bruce Shiv
(Querist) 16 February 2011
Hi Abhishek, thank You for Your reply. I am not sure of your meaning behind: "The Supreme Court is clear on this point that in complaint under section 498A, however not compoundable, but between husband and wife if any compromise get executed for settlement, then the trial court can also compound the offence." Please elaborate?
