498a case pending
Sur
(Querist) 18 January 2013
This query is : Resolved
Hi Sir,
I am one of the victims of this false case and have been suffering since 2008. I got into a agreement around 2009 saying I would pay 5 Lakhs to party with some riders after which the divorce was granted.The compromise deed made in 2009 said I would be paying 2.5 Lakhs initially and the bride would have to withdraw the 498A case after which I would be paying her the rest of the amount. I paid the first installment of 2.5 Lakhs immediately after the agreement and have been still waiting for the bride to withdraw the case. I even filed a case high court to quash the case but has been still pending since then.Its been nearly 3 years that the case has been going on and I do not understand what to do. My lawyer says the bride or her father has to appear and take the remaining amount or else the case wont be closed. I am ready to pay but want to know my options. Will this go forever if she or her father dont turn up in high court ?
Raj Kumar Makkad
(Expert) 18 January 2013
High Court is supreme power to deal with cases in your State so better to wait for the outcome of that case and till then to maintain mental peace.
Sur
(Querist) 19 January 2013
is this the only option ? So I have to suffer until then is it ?
Guest
(Expert) 19 January 2013
If you are willing to pay the second installment then your lawyer should bring this fact to the notice of the HC. The trend among the HC's now is to initiate contempt proceedings against wives and grant the relief to the husband where the wife deviates from the agreement to prolong the harassment to the petitioner.
Ashish Davessar
Advocate
Supreme Court of India
Punjab and Haryana High Court
District Courts, Amritsar & Chandigarh
Raj Kumar Makkad
(Expert) 19 January 2013
In the given facts, you have no other option but to wait for the outcome of the case, however, your lawyer should plead for timely decision of your case.
Sur
(Querist) 24 January 2013
My High Court lawyer asks me to just wait and doesnt want to push the case. He says if we do so, the judge might quash a few names and dismiss the case( 9 people listed in the case). As I am number 1 on the list, I will have to then keep travelling to the place where the case was actually filed for further hearings. Is the law so biased against men ? I cant just believe myself. I have paid too much to the lawyer and cant afford to hire another to start things again.
Guest
(Expert) 27 January 2013
Prefer quashing proceedings u/s 482 of Code of Criminal Procedure for quashing 498-A before High Court. Ask your Lawyer to get the matter on board and seek stay of the proceedings before Trial Court unless the Quashing proceedings r finally disposed off. If the opposite party does not appear before High Court, the same being condition precedent that you shall pay an amount of Rs. 2.5 Lacs and then the 4098-A case shall be withdrawn can be taken care and looked into by High Court and the proceedings shall stand quashed. Seek permission from High Court to deposit the remaining balance of the amount so your petition gets disposed off as thats the main condition.
Raj Kumar Makkad
(Expert) 27 January 2013
Nayyar has opined on some more aspects than already discussed.
V R SHROFF
(Expert) 27 January 2013
r u divorced??
y bother abt 498??
If she fails to prove, matter over!
Otherwise also 498 are 99% aquittal.
majority cases are false.
She is suffering, and u r enjoying at least 2k int p.m. + 2.5L with u.
Keep it with you & relax...
any comment?? she cannot withdraw 498 by her own .. need negative evidence, and +ve, she cannot produce.
Tell me what is ur suffering except to appear before court 5 times a year ??? or any more??
Sur
(Querist) 05 February 2013
Yes am divorced and am happily married now. As suggested by Mr Nayyar, I already have filed a case for quashing in high court, the same gets adjourned over and over again since my ex wife is not attending. I am ready to pay the remaining amount but if she doesnt appear how am I supposed to pay. I keep going to the hearing only to get a next date. Just waste of time and money. I think I will loose more money travelling and paying the advocate than the amount that I have to pay her.
