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Can a divorce case be stayed in court when a 498A is there o

My wife filed divorce case on 2009 Feb just after i left india and came to US for my job on false ground of cruelt as she never liked my parents and dnt wanted me to support my parents. I wanted to take her with me but she did not came (later on i knew later she is having another relation ) and she filed the divorce. I though may be she will understand me and will come back so just hired a lawer to keep the divorce law pending so that it does not go to ex-parte. In the full 1 yr i tried to talk with her but she did not responded. Next Jan 2010 I cam back to India to talk with her so that she can understand and come back but I was unaware that she had already filed a false 498A(after 1 yr of divorce case) against me and my parents knowing that i am coming back . She works with me in the same company and she easily knew when i am coming and also gave the police my manager name and sent a letter acknowledging that these cases are filed against me. Though i came to US after some days and am working here right now. I have filed a RCR as well as recommended by my lawer. She is trying her best to get the divorce as she wants to get married again and I an my parents are trying to delay the divorce till i come back(I have my own plans of return after finishing my work here which may take some more time). I want to fight her back and did to give her divorce on the false ground of cruelty,where the truth is she had done a inhumane cruelty and torture on me and my parents.

I want to know

1> Can legally she do anything to bring me back before my schedule time of returning and she is doing whatever possible for that

2> I am trying my best to stay the civil suit(divorce case) as the divorce and the 498A(filed 1 yr after the divorce case when i was in US) are based on the same ground of cruelty. If it is possible can anyne give me some references which I can produce to the court.

I am really in huge problem with my ailing parents against this misuse of law by my wife to fulfil her cruel intentions of extracting money from me (she has sayed that I have taken jeweleries from her in marriage . Ours was a love marriage and I never took a single penny from her and the jeweleries she had and I gave to her was with her after the marriage and I dnt know anythng on those). There are still lots of tortures/blackmails she had done to make me stop looking to my parents and to go by her way and as i did not agreed so she did this to me. Please help

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3 Replies

sumana (practice) 18 November 2010

regarding point no. 1) if there is a arrest warrent then u may be compelled toreturn to india.

Regarding poin no .2) u contact ur lawyer, he will give tu the details.

JT Rajasuriya, Chennai (Advocate 98410 53790) 18 November 2010

Mr.Chirantan,

Unfortunately there are many who suffer like you. One of our members has written a huge article on the mischievous nature of 498A. You have to undergo the legal ordeal.

Fortunately, many courts know that many 498A cases are filed for harassment.

Arrange for an effective lawyer who can provide you max. cushion.

Sathyan A.R. ( Advocate practising tax advisor) 03 December 2010

the provisons of section 498A is in favour of women. Often times it is misused by literate women. The intention of enacting the provison is to protect women from dowry, harassmsent etc which was prevalaent and even now present blatantly in many areas.

As of to day unless you hve to context the case filed against you with relavant material to prove the falsity of her claim of cruely if it is realy so. The buren is on you.

You have also not given details as to when you were married and after what period she has filed complaint u/s.498 A which are relavant factors.

Nevertheless filing a petion under section 498 A is itself not conclusive. The motivation has to be proved.

You may consult a appropriate lawyer in your area