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Bhushan Sharma (Supervisor)     04 September 2012

Gravity of 498a case after 7 yrs of marriage

I would like to know regarding the gravity of False 498A case,

I my wife files 498A, case after 7yrs of marriage, then what can be the consequenses against me. 

My wife & her family has a habbit of always blaming me and my family with all the dirty and filthy charges but they never filed any FIR against us because they never had proofs & evidenses.

Now she is at her parents home from more than last one year they are not even coming forward to talk.

Now they have blamed us that we have kidnapped my wife's younger sister, they never filed FIR against us, we & our family knew it that her sister has ran away with her boyfriend who was working with her in call-centre. Her family knew it she ran away herself & has come back with 3-4 days, they never filed case against us.....they are just spoiling our family's name.

7 years of my marriage is completing in march 2012. I would like to know, if I file Divorce case after completing 7yrs of marriage, & then if she files counter case od 498A, DV, against me then what can be the consequenses & what can be the gravity of false cases against me??



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 4 Replies

Sanjeev (Lawyer)     04 September 2012

498A is the same whether filed any time after marriage the accused have to get bailed out and then after chargesheet the case begins. Its all a long process time of filing doesnt matter.

rajiv_lodha (zz)     04 September 2012

7 year rule does not apply as u think. 498a can be filed till wife dies actually, u may say!

U wrote that 7 years are going to fininsh in March2012.............which is already gone, what u r waiting 4 even if u take care of 7 year rule?

498a complaint + case wil be fought on merits only. Time factor can not help u out. Rest depends upon the draft of her complaint.

Bhushan Sharma (Supervisor)     14 September 2012

Sorry for the wrong dates...My 7 years of marriage is completing in March 2013.

Now I am separated for around 1 years, my lawyer is insisting on filing Child Custody case first (child is male & 5yrs above)

and then my lawyer has planned to send Divorce notice, so that to find out my wife's & in laws intentions.

Is it a wise idea to send Child custody case first before Divorce preceedings??


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