help on 498/divorce

@Author

1) Can I get the 498 case quashed from high court?

A1) Yes. However, you have to show clear abuse/misuse of provision of law or you'll have to show that even if the statements are accepted true then also no case is made out. Only a good dedicated lawyer could serve the purpose.

2) Can she file any other case on me?

A2) God knows. She can make imaginary story that you met her on the street and threatened her to kill her and this would attract S.506(II)IPC. There is no end to the agony of innocent accused. But you don't worry about dramatic situations but concentrate on existing issues.

3) Doesn't filing 498 amount to cruelty from her?

A3) Good point. Yes, filing a false and frivulous case only with the intention of harming your reputation and mentally torturing you amounts to cruelity and makes a ground for divorce. Also if a divorce is granted in this condition, she would not be entitled for any maintenance.

4) she filed 498 after a year of separation, doesnt that weaken her case?

A4) No. If the allegations are true then they would stand as firm as they were earlier/fresh. But without giving any reasonable excuse as why she delayed so much she cannot do away with that.

5) Do lower courts convict males, simply because females accuse them of physical torture?

A5) Sometimes yes. so be cautious and plead only before neutral judges. If the judge is a feminist, try to take dates and postpone the case so that you get a neutral who understands the provisions of law and apply them neutrally.

//peace

/Saurabh..V

is it true that lower courts can  convict males, simply because females accuse them of physical torture?

Back all the replies by  Saurabh..

What is the procedure to get a 498a complaint quashed? Can the complaint be quashed before police files a chargesheet? How does the court decide if a given compliant should be quashed or not?