Sanjeev Kumar (Engineer) 15 March 2011

What does the girl side lose in filing chargesheet in 498a?

My 498a/406 case in CAW cell since 1.5 yrs.Both me and wife are doctors. I am working in dubai.she is going to finish her MD in India in may 2011. all of our family members have anticipatory bail. There is no chargesheet till now. Now i have heard that my wife has done engagement with some NRI in USA. Both of us want divorce but she is demanding huge extortion money which i will never pay .They are in hurry of divorce but refuse to talk with our side .

(1)Is this possible that the police presents chargesheet and my wife enjoys life in USA with me and my family running around courts?

(2)What is harm to her in chargesheeting? Police is totally favoring her even when they know it is a fake case .

(3) Is it that after chargesheet the girl enjoys life and boy's side keps on fighting against state?

(4)She has filed for contested divorce (cruelty basis) in the family court in her city . Should i give divorce before 498a is withdrawn by them ? Or should i prolong / contest it till 498a is withdrawn .?

Please advice .Thanks !

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(Guest)

in the family court the court little bid favours the girl side. for you help your wife is in hurry to marry with the NRI and you wait she will give her consent without any interference. wait for some time. you remain on the stand that the consent for divorce will be given only after the with drawl of the case.

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Sanjeev Kumar (Engineer) 15 March 2011

Thanks bishnoi sir , What is your advice -

(1). i should contest the divorce case in family court and refuse to give divorce until 498a is withdrawn without the extortion money .

Am i correct ?

prashant pundhir (Criminal Lawyer) 16 March 2011

Ya , rite you are , before giviving your consent or filing w.s. in favour of her divorce petition , say her to give her statement with affidavid so that you and your family members get discharge from the case .