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Krishna Kumar (Manager)     19 August 2012

498a possible?

Both of us are in Bangalore. My wife is a nut case and she doesnt think even once before acting on anything. We are living separately since about 1.5 years. Just before separation she asked for all her jewels to be returned to her and I visited her mother's residence where she was living and gave her all the jewels and knowing her fully well, took a fully hand written statement and signed by her stating that all her jewels and valuables are in her possession and no dowry was demanded by me and my family and no dowry was given by her or her family.

Last month, my parents in Chennai received a copy of divorce petition filed by her. Some of you may recall from my previous post that I have not availed the services of a lawyer. I have been to the family court in Bangalore twice so far, once on July 20th where I objected to the allegations and again on Aug 3rd when I told the judge that I want to file my rebuttal statements, but the judge told me that it should be in green sheet and he told me to get it in green sheet the next time I come and referred the case for mediation. I insisted and requested him to accept my written statement but he said mediation has to be exhausted anyway, so he asked me to file it next time.


Now my question is, is there a possibility of her filing 498A while the divorce petition filed by her is sub judice. There is not even mention of the word "dowry" in her petition. If she does file 498A, will it hold ground?



 5 Replies

Guest (Guest)     19 August 2012

A divorce petition and 498A are substantive proceedings, therefore, both will operate in their respective fields without influencing one another. Consequent to a case being registered u/s 498A, trial has to be faced irrespective of the pendency of a divorce petition filed by either spouse, unless the husband is discharged or the case is quashed. To protect yourself against a false case you should inform the police authrorities in your city regarding your wife's intention to slap a false criminal case against you.

 

Regards,

Ashish Davessar

Advocate

3 Like

Krishna Kumar (Manager)     19 August 2012

Thank you sir.

Sanjeev (Lawyer)     19 August 2012

498A does not mean Dowry it means mental cruelty done to the women. So even if you have written statement that no dowry was demanded that do not prevent her from filing.

if she has filed already for divorce during mediation proceedings get it converted into mutual divorce and finish of.

2 Like

Krishna Kumar (Manager)     19 August 2012

Thank you Sanjeev sir and Ashish sir. The allegations in my wife's divorce petition are false.  I dont mind spending time and energy.  I wish to fight tooth and nail for justice. I will accept it as my destiny. Perhaps my case will set an example for many other husbands? I wish to prove in the court of law that the allegations are wrong.   I have sufficient evidence. What provisions of law can I avail to make her and her family repent for making those wrong allegations under oath. Is it not contempt of court and perjury?

1 Like

(Guest)

Dear Friend

If she has filed Divorce petition in court than talk to her and try to MCD.


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