498a rules

You cannot stop someone from filing a false case,  however, you can defend it properly. You have grounds for divorce then, you can file for the same. There is no point in imagining things about whether a 498A case will be filed or not. It will be however, better if you file your divorce case first.

Ok. You are correct. I can't imagine things right now when no actions are taken from my end. However I need to know whether talking to commissioner in advance and lodge a complaint or get a anticipatory bail for my parents would help. 498a is a national law or does it have any variations based on each state? I'm from TN.

My opinion is at first you file a Divorce case against your wife on desertion ground.  As revenge if your wife filed any case to cause any harm to you then you can get a legal chance to rebut the allegation claiming it as after thought.  Secondly , you need a protection against cognizance of sec.498A IPC by creating avoidance of the rigor of law.

Although our case  is settled at 17 lacs in Feb2014, initially we filed the case and  changed the lawyer. Our lawyer Prachi Mishra  told us we should  have filed NCR  in police stating that she left the house  with all movable istridhan and then file the case.

May be you can take precautions which we could not take.

 

Thanks

Kanchan Madan

Hello If I file only on dissertation grounds initially, Will I be be able to add all other true causes later in the petition? Also, I want their family to give a polygraph test. They are made of lies. If they demand one, my family is ready to go for it. So the truth will come out. Is there any provision in the law to demand a polygraph tests in India? I want to legally find out where she is hiding and what she is doing. Do you think there's a way in our judiciary system to do it from within India? Thanks

Mr. Sairamkumar,

As properly opined and advised by many learned advocates above, it is better first you file a divorce case against her on the grounds of desertion, infidelity and adultery.  Do not worry about her whereabouts, send the summons to her last known address, in case the summons are returned continuously for three times, with the permission of  court arrange for substituted service of summons, after which also if she is not appearing before court, you will get an exparte decree of divorce against her through court.  This is one aspect.  Suppose she turns out to the court and is ready to challenge the case, then you may conduct and prosecute the case based on the facts that you wanted to say before the the court, but make sure that the facts have been averred in the original petition.  Polygraph test or narcotics test will not be allowed for matrimonial disputes.  You can prove your case with the help of the evidences in your possession.  About 498a and anticipatory bail, it will be too early for a precaution that way. Let she lodge a complaint, based on the complaint police will summon you for enquiry, if it is found that you have already filed a divorce case and she as a retaliatory action has lodged this complaint, the police will not give much importance to her complaint, you will be having breathing time to go for AB at that time too.

Thank you much for your advise and opinions. This is giving me some level of peace of mind and courage to start my process. Appreciate your help so far.