Help for divorced please help

 

@sujay

I have same question for you 

Are you sure that once divorce petition filed, 498A cannot be filed by Wife??  

All Experts Please suggest on @ Sujay Comment

 

Vivek

@ author, my case is same as yours, i filed divorce now, my reg mrg done in july 10, later arranged mrg in may 11, file case dnt fear, meet DCP of her local police file a written complain, say there to come, let she forbid to join, be alert and go once in her mind and try to make understand.

Originally posted by : Nandha
	@sujay   Are you sure that once divorce petition filed, 498A cannot be filed??   nothing can prevent wife from filing 498A. This is what i have read in this forum and heard from victims and experienced lawyers.

 

Yes, am pretty sure about it.  Gone are the times when the police used to register a case under 498a seeing a few red coloured bills.

Now they enquire, look into the matter and then register the complaint.

Once you have the MC petition number with you, along with certified copies of the petition etc of the family court, you can produce the same at the police      station, when you are called stating that your wife has filed a dowry case  against you.

They ie the police simply cannot register a case against you or any of your family members when the matter is already in the court of law.

Even I followed the same thing, or else would have been in worse situations than what I am today.  My wife tried the same thing, tried to lodge dowry case against me and my parents in the womens police station, but as the matter was in the court, the sub inspecter there, showed my wife and her group of goons the door.

Originally posted by : Vivek
	@sujay I have same question for you  Are you sure that once divorce petition filed, 498A cannot be filed by Wife??   All Experts Please suggest on @ Sujay Comment   Vivek

Dear Vivek, As I have stated in my reply above.  Wife cannot file a 498a when the matter [divorce] is already pending before the famliy court.  Even if due to some bribe accepting law enforcement authorities do register a complaint, the complaint wont stand for long, but one would not have to undergo all that humiliation if a actual 498a case is filedl before one's husband files a divorce petition.  Mean to say, trauma will be far more less if one files a divorce petition before she files a dowry case.

It is wrong to mention that 498a cannot be filed post divorce pettion in court. What actaully happens there is a good chance that 498a getting quashed post filing divorce pettition. However 498a can be technically filed anytime  within 7 years of actual marriage or anytime as long as the marriage is not dissolved.  However agreed with above posts that police will wash their hands once the matter is taken into court unless there is clear proof of from wife for harassment.

 

Thanks for valuable suggestion

 

can we file divorce in Nagpur Court because register marrige was done in nagpur and my friends is from Nagpur, but his wife is Living in another city (Chandrapur), Can wife will ask for trasnfer peititon to chandrapur, We dont want to go there because we will fill unsecured there also Now We all Understand what's going on in her mind she wants to hurt him, now she is saying I want to come with you because she know he is going to court, but he dont want to bring her at any cost, we tried to convey her also her Family, they are not agree that girl is too aggresive if he bring her I am sure he and his family will be in big trouble time to time.

 

Vivek