Divorce before 498a judgement

Thanks for the detailed instructions Joseph,

the arrest warrants have been already been issued and my parents, sister, brother-in-law, an uncle and a cousin (who have not even met her for more than 2 times in his entire life) have been arrested, but they got bail. My in-laws tried their best to keep them in the jail, but we had to pull some strings and got the bail on same day.

However, because i am not in the country, she have pronounced me an absconder and now they are not filing the charge sheet.

I have prima facie evidence in form of a video/audio, where she and her family came to discuss the issues like 10 days before the FIR registration. In the video she has confessed to everyt hing she did, the video also clearly indicates that there was never an issue of dowry, as a matter of fact i or my family memebers did not take a single penny from them, and there have been many instances where she has harassed me than the vice versa.

so should i just wait till the court asks me for the evidence and go through the trial wasting time and money?

our family has already been disgraced, now only way to earn a little respect is to not give in to the in-laws demands, but the only worry is will i have to definitely go back to India, and surrender and only then the case proceeds?

Unfortunately in our country the misuse of the provisions of law is more than its proper use and so large number of population nowadays suffer as they are being forced to face trial on false criminal charges under section 406,498A IPC.

I do not blame innocent public of India for this as it is our fraternity of lawyers practising in the country not only misguiding innocent people for filling such false criminal complaints but even draft in details such complaint so that even the Police official as high as DCP/ACP level get impressed to register the criminal complaint as FIR and proceed with the prosecution of accused named in the complaint. I can openly say this as I meet wives as well husband and most of these wives are seeking guidance for filling Police complaint which I refuse and suggest them amicable settlement of the matrimonial dispute through Family Court in a civil suit which is the best option for both parties.

In so many words the Supreme Court of India had said in Preeti Gupta Vs State of Jharkhand case:-

"The learned members of the Bar have enormous social

responsibility and obligation to ensure that the social fibre of

family life is not ruined or demolished. They must ensure that

exaggerated versions of small incidents should not be reflected

in the criminal complaints. Majority of the complaints are

filed either on their advice or with their concurrence. The

learned members of the Bar who belong to a noble profession

must maintain its noble traditions and should treat every

complaint under section 498-A as a basic human problem and

must make serious endeavour to help the parties in arriving at

an amicable resolution of that human problem. They must

discharge their duties to the best of their abilities to ensure

that social fibre, peace and tranquillity of the society remains

intact. The members of the Bar should also ensure that one

complaint should not lead to multiple cases."

The Constitutional validity of these provisions has been challenged previously too but these were held as valid provision under the provisions of the Constitution of India.

The Husband and the parents have to face the trail if the High Court fails to quash the FIR of the wife and the chance of ultimately free is very bright as hardly any such complaints succeed. The best mantra to succeed the criminal trial under section 406/498A IPC is to return all the properties of the wife at the initial stage namely as soon the husband side get notice from the Police to appear for sorting out the matter, there should be proper documentation of all the properties, list so prepared be presented in the Police station along with all her properties lying at the husband’s place including her ornaments cash etc. The acknowledgement of the wife be taken for receipt of her entire property on the list itself in presence of IO and this be mentioned in the Police Report that is presented to the Magistrate in charge in the matter. Most of the husband side do this and get half the battle won in the investigation stage itself and rest is won in the court at the time of trial where there is hardly any independent witness to act of cruelty or any medical record to show and prove injuries inflicted on the wife, the witness of the wife, her parents etc., are not taken so seriously by the trial court as these are interested people who are stating in her favour only even if they are well aware the authenticity of such criminal complaint made by their daughter against their son in law.

The best is that you surrender in the court and face the trail and get free from all this once for ever.

Mr.QUERRIST , THANKS FOR YOUR UNDERSTANDING OF THE REALITY OF THE SITUATION . NOW THAT 5 PERSONS EXCLUDING YOURSELF HAD BEEN ARRESTED AND YOU HAVE BEEN PROCLAIMED AS AN ABSCONDER IN THIS CASE . THEY VERY WELL KNOW THAT YOU ARE NOT IN INDIA . I HOPE YOU WOULD NOT HAVE APPLIED FOR LEAVE OR ARRANGED FOR ANY FLIGHT TICKET FOR YOUR JOURNEY TO INDIA. BECAUSE THERE SHOULD NOT BE ANY PROOF THAT YOU ARE AWARE OF THE CASE AND THE ARREST WARRENT ON YOU AND STILL YOU ARE SITTING THERE . IN SUCH A SITUATION THE COURT CANNOT PROCLAIM YOU AS AN ABSCONDER IN A FAMILY CASE .IN BIG CREMINAL CASES AND THAT TOO AFTER ISSUING FIRST A BAILABLE WARRENT AND THEN AFTER SOME ADJOURNMENTS ISSUING A NON BAILABLE WARRENT AND AFTER ONE OR TWO ADJOURNAMENTS THE COURT CAN PROCLAIM YOU AS AN ABSCONDER .YOUR LAWYER CAN VERY WELL FILE A PETITION IN THE COURT THAT YOU ARE NOT IN THE COUNTRY AND REQUEST THE COURT TO WITHDRAW THE ORDER PROCLAIMING YOU AS AN ABSCONDER AND GIVING AN UNDERTAKING THAT YOU WILL BE SURRENDERING IN THE COURT ONCE YOU ARE GRANTED  LEAVE BY YOUR EMPLOYER . THE COURT MAY ASK YOUR LAWYER TO SPECIFY A PERIOD AND YOUR LAWYER MAY ASK FOR 60 DAYS AND IF THE COURT DOES NOT AGREE THEN 45 DAYS LIKE THAT . THE COURT WILL ASK YOUR LAWYER TO MAKE AN ENDORSEMENT IN THE PETITION TO THAT EFFECT AND THEN PASS AN ORDER FOR WITHDRAWAL OF THE ORDER PASSED AGAINST YOU . YOUR LAWYER SHOULD APPLY FOR A COPY OF THAT ORDER WITH AN URGENT PETITION SO THAT YOU WILL GET THAT ORDER WITHIN A WEEK . YOUR LAWYER SHOULD SPEND XXXX TO GET THAT ORDER AND IN SUCH A CASE YOU WILL GET IT WITHIN A DAY ALSO. THIS IS VERY IMPORTANT .

          AFTER GETTING THE ORDER COPY , NOBODY SHOULD KNOW WHEN YOU ARE RETURNING BACK , AND YOUR HOME JOURNEY SHOULD BE THROUGH SOME OTHER ROUTE WHICH NOBODY CAN THINK OF THAT ROUTE .BEFORE RETURNING YOU MUST ARRANGE A GOOD CONSTITUTION EXPERT IN THE HIGH COURT AND PREPARE THE PETITION INVOKING THE FUNDANENTAL RIGHT WHICH INCLUDES THE REPUTATION OF A PERSON .IN YOUR CASE THE REPUTATION OF 6 PERSONS ARE INVOLVED AND FIVE ARE ON BAIL . EVEN YOUR CONSTITUTION EXPERT SHOULD NOT KNOW WHEN YOU ARE RETURNING .ALL THE5 PERSONS SHOULD HAVE SIGNED THE PETITION BEFORE YOU ARRIVE .YOU MUST ARRIVE WELL BEFORE THE DATE GIVEN BY THE LOWER COURT BUT WITHOUT ANYBODY'S KNOWLEDGE .YOU MUST KEEP ALL YOUR EVIDENCE READY WHEN YOU ARRIVE .YOUR CONSTITUTION EXPERT CAN FILE THE PETITION WITHOUT YOUR SIGNATURE UNDER SR.NUMBER AND IT WILL BE RETURNED BACK WITHIN A DAY OR TWO TO COMPLY WHAT ARE ALL THE HIGH COURT NUMBERING SECTION HAD STATED .BUT YOUR SR.NUMBER WILL REMAIN THE SAME .

                       ON THE DATE YOU ARRIVE , YOU SHOULD NOT GO TO YOUR HOUSE BUT STAY SOMEWHERE [ I AM UNABLE TO PUT EVERYTHING IN THIS FORUM AS EVERYBODY CAN READ IT AND SOME OTHER SITES ALSO PUBLISH THESE MATTERS - ASK.COM ] AND MEET YOUR EXPERT AND SIGN THE PETITION AND COMPLY ALL THAT IS NEEDED FOR NUMBERING THE PETITION AND  YOUR EXPERT SHOULD FILE THE PETITION IMMEDIATELY AND NUMBER IT .NORMALLY CONSTITUTION BENCHES OF THE HIGH COURT WILL NOT HEAR PETITIONS DAILY . THERE MAY BE HEARING OF CONSTITUTION MATTERS ONCE IN A WEEK .TILL THE PETITION COMES TO THE HIGH COURT FOR HEARING NOBODY IN YOUR FAMILY SHOULD KNOW THAT YOU HAVE ARRIVED IN INDIA .THE HIGH COURT WILL ADMIT YOUR PETITION AN ORDER YOU TO SURRENDER IN THE LOWER COURT . THEN YOU CAN SURRENDER IN THE LOWER COURT EVEN PRIOR TO THE DATE FIXED BY THE LOWER COURT AND YOUR ADVOCATE HAD TO PRESENT A PETITION THAT YOUR HIGH PETITION HAD BEEN ADMITTED AND ALSO PRESENT ANOTHER PETITION FOR YOUR BAIL .YOU WILL BE GRANTED BAIL AND YOU COMPLETE THE FORMALITIES IN THE LOWER COURT AND COME OUT ON BAIL .YOUR HIGH COURT PETITION SHOULD ALSO CONTAIN A PETITION FOR STAY OF THE LOWER COURT PROCEEDINGS .AFTER GETTING BAIL YOU PROCEED WITH YOUR HIGH COURT PETITION FOR STAY . IF THE COURT ASKS FOR UNDERTAKING THAT YOU WILL COOPERATE WITH THE INVESTIGATION YOU CAN GIVE IT . ANYWAY THE COURT WILL STAY THE LOWER COURT PROCEEDINGS BECAUSE YOU HAVE CHALLENGED IT UNDER THE CONSTITUTION AND THAT TOO UNDER THE FUNDAMENTAL RIGHT WHICH INCLUDES THE REPUTATION OF A PERSON .THIS IS MORE IMPORTANT THAN THE LOWER COURT PROCEEDINGS . SO NO INVESTIGATION WILL BE CONDUCTED TILL YOUR HIGH COURT CASE IS OVER .MY OPINION IS THAT INSTEAD OF GIVING THEM MONEY IN LACS YOU MAKE THEM TO SPEND MONEY TO EXTRICATE THEMSELVES FROM ALL THESE CASES . SPENDING MONEY FOR CONSTITUTION CASE IS VERY DIFFICULT FOR THEM . THEY AND THE POLICE SHOULD CONTEST THE CASE AND WIN IT . THE POLICE DEPARTMENT WILL NOT SPEND THAT MUCH MONEY FOR FOR A CONSTITUTION CASE AND THAT TOO FOR A FAMILY MATTER .I CANNOT EXPRESS MORE THAN THIS .IF THE FORUM PERMITS YOU , YOU CONTACT ME TO MY MAIL I .D.--- josephwilfred1a0b7c9d0e0f2gags@gmail.com -- JOSEPH WILFRED - 07/02/2013 AT 11.05 HRS.    

My humble thanks to Vijay sir,echoing the same, because lawyers tend to misguide , many married life has gone to halt, the worst sufferer is women.

First she looses her married life, then tag of 498a, then parents will start curse them, finally some miscreant in society will misuse them.

Dear Mr. Vijay Raj Mahajan

                                                  I AM REALLY VERY HAPPY TO NOTE THAT THE REAL COMMENTS HAD COME FROM NO OTHER PERSON THAN A SENIOR LAWYER BELONGING TO THE BAR . DEFINITELY MANY MEMBERS OF THE BAR WILL OPPOSE YOU FOR GIVING THE CORRECT OPINION OF THE BAR MEMBERS .YOU HAVE REVEALED THE TRUTH THAT INSTEAD OF SOLVING THE MATTER THEY THEMSELVES CREATE A REFINED ONE TO SUIT THE NEEDS OF THE WIFE AND HER PARENTS AND EARN THEIR  GOODWILL AND THEREBY EARN XXXX. I AM OF THE STRONG OPINION THAT IF THE BAR MEMBERS THINK AND ACT LIKE YOU THEN SUCH CASES WILL BE REDUCED TO THE MINIMUM . THE BAR MEMBERS NOT ONLY INVOLVE IN THESE MATTERS BUT THEY ALSO INVOLVE THEMSELVES IN N.I.ACT 138 MATTERS . BUT WE CANNOT FIND FAULT WITH THE BAR MEMBERS ALONE . THE LEARNED JUDGES MUST TAKE TIME IN READING THE PETITION AND THE EVIDENCE PRODUCED BY THE COMPLAINANT .BY READING NOT ONLY SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT , BUT THE SUB CLAUSES (a) ,(b), AND (c) AND UPTO SECTION 144 OF THE SAME ACT .YOU WILL GET LOT OF POINTS FOR DEFENCE IN OTHER SECTIONS .IF THE JUDGES READ THAT ALSO THEN THEY CAN VERY WELL DISMISS THE COMPLAINTS AT THE ADMISSION STAGE ITSELF . HOW THE HONORABLE JUDGES OF THE HIGH COURTS AND SUPREME COURTS QUASH SUCH PETITIONS ?

             THE NEXT MATTER YOU HAVE REFERRED IS THAT THE DCP AND ACP LEVEL OFFICERS GET IMPRESSED BY THE PETITIONS AND FILE THE CASES ON THE HUSBANDS .NOTHING CAN IMPRESS THE INVESTIGATING OFFICER / THE DCP / ACP BUT ONLY XXXXX IS THE NECESSITY FOR ALL THESE . OR INFLUENCE FROM VERY HIGH LEVEL OFFICERS WHO ARE RELATED TO THE WIFES . IN SUCH MATTERS ALSO LITTLE XXX IS NECESSARY .

             IN THE MORNING I HAVE GIVEN A VERY DETAILED EXPLANATION TO THE QUERRIST ABOUT HOW HE CAN PROCEED IN THAT MATTER . I HAD NO OTHER GO BUT TO PUT EVERYTHING IN THIS FORUM SINCE THE FAMILY OF 6 MEMBERS WERE INVOLVED IN THOSE CASES AND HE MUST BE MUCH WORRIED ABOUT THOSE ON WHOM CASES HAD BEEN FOISTED . I REQUEST THE QUERRIST NOT TO REVEAL EVEN TO MYSELF WHEN HE IS COMING TO INDIA AND WHAT ROUTE HE IS CHOOSING .BUT MY EMAIL I.Ds ARE PUT UNDER 2 STEP VERIFICATION . BECAUSE ONCE 2 MAIL I.Ds WERE HACKED AND I GOT THE MESSAGE THAT THEY WERE HACKED FROM ASIA / KOLKATA AND THOSE I.P. ADDRESS WERE ALSO GIVEN IN THAT . THOSE I.P. ADDRESSES BELONG TO BROWSING CENTERS AND I DID NOT CHECK WHETHER THEY ARE REALLY BROSING CENTERS . NOW THAT MY 3 MAIL I .Ds ARE IN 2 STEP VERIFICATION . EVEN IF I PUT THE PASSWORD I WILL GET A CODE TO MY MOBILE NUMBER AND AFTER PUTTING THAT CODE ONLY THAT MAIL WILL OPEN .-JOSEPH WILFRED - 07/02/2013 AT 20.04 HRS 

and what about the scores of cases where the ladies torture their husbands day in & day out by emotional hurt?

and what about the ladies who bring disrespect, disrepute to their in laws families?

Please note down SC observation that 498 a is one of the most abused section in IPC.

In liberated society the ladies are fully competent to hurt men physically, mnetally & emotionally.

regards,

Dear Mr. Querrist 

                               I HAVE ADVISED YOU IN THIS MATTER ALREADY TO INVOKE THE FUNDAMENTAL RIGHT GUARANTEED IN THE CONSTITUTION  TO QUASH YOUR 498A CASE . I HOPE NOW THIS MAY NOT BE NECESSARY . RECENTLY THE HONORABLE SUPREME COURT OF INDIA HAD DELIVERED A JUDGEMENT IN A 498A CASE IN FAVOUR OF THE HUSBAND AND MOTHER IN LAW AND OTHERS . IN THAT EVEN THE MOTHER IN LAW KICKING THE DAUGHTER IN LAW AND THREATENING THE DAUGHTER IN LAW THAT HER SON WOULD DIVORCE HER IF SHE DID NOT BEHAVE PROPERLY WILL NOT AMOUNT TO CRUELTY SINCE THE DAUGHTER IN LAW SHOULD BEHAVE IN A PROPER MANNER . I DON'T WANT TO DETAIL THE WORDINGS IN THE JUDGEMENT . DAUGHTER IN LAW IS PORTRAYED AS A ASSASIN IN THAT JUDGEMENT . THE NATIONAL COMMISSION FOR WOMEN HAD OBJECTED TO THIS AND HAD IMPLEADED THEMSELVES AS A PARTY IN THAT CASE . ALTHOUGH THEY HAVE BEEN IMPLEADED, THEIR OBJECTION WAS NOT TAKEN INTO ACCOUNT SINCE MANY ARE USING THIS SECTION AS A WEAPON IN THE HAND OF THE ASSASIN .YOU READ THE FULL JUDGEMENT .- JOSEPH WILFRED - 27/03/2013 AT 20.43 HRS.

Do not give divorce to this woman until she withdraws her criminal charges.

www.mehnat.in

Always try to reconcile if there is a better option.If she wants to stay with you ,

As a lawyer filing RCR filing DV proving innocence,running behind courts.is better to reconcile and mend your mistakes .

Give a second chance to marriage and try .

Hello Sir,

These  two Cases has Different angles and they are interconnected, when  Criminal Case is  running  between parties and if she files for divorce  case  i.e. Civil  She Cannot get rid off  2nd one, In case if Judge or her  lawyer is very active on  divorce case, you can buy  time on referring matter to  Mediation center it will drag for three months. And remember  Criminal Case she has to prove all the alligation with proper evidence in the  court of law. which she has  mentioned in FIR. My  Advice is consult with your  lawyer and make your  Evidence and Witness strong based on the points mentioned in FIR.  Which can show the case is a false case. By this Judge  can even drop the case and dismiss it at intial stage itself.

Best of Luck.

@Ashwin Kumar Ballari

Good solution byAshwin Kumar Ballari

but it is very sincere advice to all the victim as far as 498A or any criminal case is running dont give divorce by any menas let her beg for divorce in fornt of you , she might be in hurry to marry her lover or to settled  with antoher man if you give her divorce then her strength will get double and she fight with the help of new husband or take many type of help from him also her socila status become some what good by marrying another man let her pass the time till she get old her hair become gray white and skin charm get dull then you can.... talk for divorce , otherwise she will become keep of other man, remember it is tendency of man they become bore by such type of ladies once her charm is finished 

so unless and untill 498 A get finished dont allow her to get divorce or free her............... she is begging for divorcess means you won the battle of false cases.

I think the thread is too old to be resurrected.

Regards,

Hi,
here is easy way to get divorce while 498a is pending (NBW is Pending on husband).
my friends wife filed
1) 498a first husband is living in USA (NBW is pending)
2) divorce was filed in another city. (Now she got remarried, 2 kids from 2nd marriage... 498a still pending on husband and his relatives. husband is a coward not comming from USA.)

Here, The Intresting thing is judge granted divorce easily with in 6 months from the date they applied for divorce.

The following things need to include in the Divorce Petition to get easy divorce by CRUELTY grounds:- 
1) there is a 498a case pending in another City Court (don't attached any fir/chargesheet)
2) mention husband is a sadist/drinker & abused/affairs with another girl/etc... (husband never attend/contest the case. because NBW will be Pending...)
3) don't give husband's working details / Address ( don't give USA Address... ). give colouring like the judge/anyone should assume that husband living in indian resident/working in india itself never mention about abroad things.
4) give address of Husband's Parents indian Address (3rd party shouldn't attend in the divorce case... so, parents can't come to court...)... in her case they are uneducated parents...so, they didn't turn up in the court... blindly signed received the summons by father... kept a side.
5) ask your lawyer argue that husband is not attending because... he already know about the divorce case... "he is not intrested with this ... grant divorce..." ... 
6)  argue like .... Parents defenetly know where is his son... So, Parents will inform to him... He is not attending... that's it... never mention about NBW is pending or not.
7) divorce granted due to family disputes ... that's it -----> go for  re-marriage
8) get 2 kids
9) 498a pending... husband's parents will go around the court for years...
10) can demand more money for settlement.
11) husband still living in USA and working there... haven't come to india... NBW is still pending
Easy Divorce!
Really, It happend in Narasaraopet, Guntur-district, Andhra Pradesh
i can share case details if you want...