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Ajay (Software Professional)     25 May 2011

can police force withdrwal of divorce with pending 498a

My wife gave a false 498a case 6 months back got CSR copy and police gave several rounds of counselling without FIR but no amicable settlement arrived. She also took all her shreedhan items. A couple of weeks back I had sent a divorce to her on 13 a cruelty grounds. My whole family is fedup with the ruthless behaviour of the girl and i feel the marriage is cannot be worked out. The girl is now threatening our family. Recently I  the girls family has requested the police for further action and to file FIR and got info that police will be filing FIR by this week. We got AB 6 months back. My question is:

1. Is our Anticipatory bail still valid after 6 months?
2. Can police corner me again after filing FIR and force me to tak the girl back
The girl side now twisting the story that I threatened of divorce to get more money and since she went to police I had sent divorce as retaliation
If the girl's side strenghten the 498a case pls let me know how will it affect my divorce case.

3. Also how will the divorce notice sent by me will affect my stand in 498a case if police corner me
3. Can I still keep my stand that I dont want to take such a ruthless girl back even if police compels. Does this impact me or else how can I safely state I dont want this girl back

I am really confused how to handle this situation. Pls advice.



Learning

 4 Replies

Tajobsindia (Senior Partner )     25 May 2011

@ Author

1.
Is our Anticipatory bail still valid after 6 months?
Take: You have to self read the full AB Order to know its validity.


2. Can police corner me again after filing FIR and force me to tak the girl back. The girl side now twisting the story that I threatened of divorce to get more money and since she went to police I had sent divorce as retaliation. If the girl's side strenghten the 498a case pls let me know how will it affect my divorce case.
Take: After FIR police roll is over. Both sides thinks the same way and you are not alone in such thinking. Both cases works on different parameters and are not linked together other than giving reference of other case in vice versa proceding(s).


3.
 Also how will the divorce notice sent by me will affect my stand in 498a case if police corner me
Take: What is your stand in 498a first of all? If you donot want to take her back then it is understandable, stick to it. If you want to take her back then stop the drama of filign divorce suit. Notice is a notice in a divorce case. Allegations of cruelty you need to prove and when a husband files for diovrce forget getting the decree for years and when awife files for divorce see how wuickly your fortune descends and there posps a decree in divorce proceeding in favor of girl by compromise / reconcilation / agreement proceedings. 


4. Can I still keep my stand that I dont want to take such a ruthless girl back even if police compels. Does this impact me or else how can I safely state I dont want this girl back
Take: It is your choice how you want to see your life with hr for years to come. How do you expect a third party to tell you to kiss her or not now ! However whatever stand you take come what may stick to it othrewise you are in for a long innings completing marathon in various courts. For clarity of effects of 498a on India husbands read my several posts here.


BTW hire a criminal ld. Advocate who understands mens rights and is wiling to fight for a cuse and do not do it yourself.

Nadeem khan (asso. software engineer)     07 June 2011

Stick wid your words nothing will happen buddy.. and dont go for AB cuz it proves court u were guilty and for that u took AB.If u have already given notice for divorce dont step back it will lose the 498 case and girl side ppl will come to you and ask comprimise than u can demand ur wishes (nor dowry) dont worry they will come in line.

Saurabh..V (Law Consultant)     07 June 2011

@Ajay

 

No one can compell you to live with anyone may that be your wife or friend or parents. You are a free citizen of a democratic free country.

 

Police cannot force you to do anything so don't fear of those buggers. They are criminals in Govt. dresses.

 

You wife filing any complaint against you after you have filed divorce petition would be regarded as after-thought provided your advocate and convince the judge regarding the same.

 

//peace

/Saurabh.V

Ajay (Software Professional)     07 June 2011

the problem is she gave complaint before I sent divorce notice... chargesheet is pending...


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