R Banerjee (Eng.) 05 January 2012

498a

Previously I have filed a judicial separation case against my wife. She appeared to the court for maintanace purpose. After 6 months she filed 498a case, and we all got bail. I got the A.B. from high court and then surrender myself to the lower court I got the bail. But on that bail it has written that I.O. can ask anytime for any enquiry but I am staying out side of my state for service. So i am not available anytime in my city. Can police harrase or he has to submit the chargesheet. Now my family are asking for a mutual divorce they(spouse family) also arrange the meeting for this. But I can not trust them and my 498a case will be on the court on 2nd april 2012. May be they want to clear that what she has taken with her and what remaining things is with me. I already told my parents that you just submit all the accessories they has given to their daughter. But somebody told that if it will be like that then till it is under court or police I have to pay the rental. Some list they had attached withe the 498a & 406. I think they can not produce all the listed materials as something is false. Mutual divorce can take place as we had separated last april month. I think after granting and taking all the materials and extra money they want with all the materials, they can do anything or I have to wait...
Please give me some advice as my father is a cancer patient and twice surgery has done. So I dont want to loose my father as I already taken their peaceful life. Please suggest me.

Reply Follow

6 Replies

MADURAI LAWYER (LEGAL CONSULTANT) 05 January 2012

Dear Sir,

I am very sad about your unhappy married life.Kindly feel free to discuss the matter with me over phone to get proper and detailed legal advice.

S.JEEVAGAN, M.A.,LL.M.,

Advocate & Legal Consultant.

https://www.jeevaganadvocate.com/contact.php

A. A. JOSE (LAWYER; LEGAL ADVISER/CONSULTANT& TRAINER) 05 January 2012

Under the facts and circumstances stated by you, it is better that you take initiative to complete the proceedings for mutual divorce without unnecessarily worrying about what would be the intention of your wife. Of course, it is advisable that you should take guidance from a local lawyer to finalise the divorce early.

Ratnesh kumar (Advocate) 05 January 2012

well for the first thing which you have asked that police can u call anytime , in that u donthave any proble whenever the police will ask u to come before them for enquiry they will give adequate time for coming, next is that the best thing out of this is that if u get a mutual divoerce and that will not effect anything in your 498 case rather it will help u to get out of that , and untiill that dont give a single acessories to her because it had no benefit and if she wants it back tell then to recive onpaper

R Banerjee (Eng.) 06 January 2012

But we had separated from last april, now it is possible for mutual divorce. minimum 1yr separation is required or not. and police did not call me at all. For mutual divorce if both the parties are ready then they can file and they has to take back the 498a case or not. And it is required to write in the petition that they took all the accessories and they dont have any more demand. In future may she can file that she require more money for her maintanace. IPlease advice what should I do.

Dr J C Vashista (Advocate) 06 January 2012

Mr. Banerjee,

Correctly advised by experts, you have to have faith in the system, althought it is unfortunate happening in your married life.

Police will not ask you straight away on any fine day, inform them that you are posted at such and such place and available on 3,4, 5, 10 or 15 days notice.

Besides this, best option is mutual divorce under proper legal advise by engaging local lawyer to take care of your case,