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Santy   13 October 2015

Divorce based on false 498a as grounds

Dear Experts,

My wife has filed a TOTALLY FALSE 498a case against me and my family. I have now filed Quash petition against it. I am still waiting for the High court's order on Quash. As my in-laws got to know about the Quash, they have now come forward with a proposal of Mutual Consent if I pay "$$" amount. 

I am NOT at all ready to pay a single peny to them as I had never received a single rupee from them as dowry. So, I am thinking to refuse their proposal and go ahead with the Quash then, divorce based on the Quash order.

Yeah, I know I am speaking too early on Quash order assuming it will dispose the 498a FIR. But, I just want to check at least whether I am on right direction or not before I deny their proposal n all.



Learning

 7 Replies


(Guest)

Quashing is not a easy job, normally HC is very reluctant in quashing any FIR.

You will very lucky if it quash by HC but chances is very rare.

Normally 498a cases are lodged on false grounds, its better if can settle matter mutually

T. Kalaiselvan, Advocate (Advocate)     17 October 2015

You are right in your thinking and understanding.  But remember that the high court do not entertain quash of such issues so easily and you may not stand a chance to win.  However that should not deter you from challenging the same in the rial court. Go ahead. 

Santy   17 October 2015

Thanks for the response, Ashok/KalaiSelvan. Let's hope for the best.! Any idea, how long does it take to pass an order in High Court in such petitions? I see, it gets postponed for every one day on High Court website.

T. Kalaiselvan, Advocate (Advocate)     17 October 2015

The time taken in the high court for disposal cannot be predicted, you may be in touch with your own lawyer about it, you may also be prepared for the challenge in lower/trial court. 

Samir N (General Queries) (Business)     18 October 2015

As advised above, quashing is not easy but if you have not wronged, you will prevail in the trial court on merit. I would suggest that you be patient and wait for the trial to be over. Once you the judgment in your favor, you can use that as cruelty to you to get divorce based upon that and probably not have to pay her anything whatsoever.  I am unsure about the prevailing law on maintenance if the divorce is granted in your favor based upon cruelty to you but it appears that you may not have to pay any maintenance if you get divorce because she was cruel to you....

Conclusion: Fight it out and do not pay a penny to her if she has filed a FALSE criminal case against you!!! Any settlement now will lead to compounding of all your claims against her... and you will have many if her allegations are found to be frivolous.  Be thankful to her for filing a false criminal case... will make divorce easy and cheap for you!!! 

Santy   18 October 2015

Thanks a lot, Samir Sir. It is NOT only about the money but, the shameless n ruthless attitude of her n her family. Being in 2015, they brought an SI n constables to my home, took me in their personal car to their town police station for counselling followed by many other cheap tricks. I still remember my mom was crying n my other family members were afraid of me through out the day. I was lucky on that day as the matter was escalated to SP n he helped at the end. There were many such cheap tricks by them ever since I married her. Consider all these, I strongly determined.

Santy   01 November 2015

Hi Again Dear Experts, I have got order released by High court on my Quash petition saying: "Stay for A4,A5 (my sister and brother-in-law) for 5 weeks and Liberty for A1/A2/A3 (Me and my parents) to get regular bail on the same day in case of any arrest and No appearance in the court and further proceeding after that". They have also sent Show-cause notice to my wife to respond in 3 weeks. May I know the next course of action item for me here?

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