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(Guest)

Marriage by cheating & 498a case, habitual offender

9 I have married a woman in Nov,2015. We are both divorcees. My first marriage was a mutual divorce. After 1 year + 2 months, my wife filed a 498 A case against me and my mother.in Jan'17 she delivered a girl in Jan 2017. After coming out on bail, I found that it is a 3rd marriage for her with me( she told 2nd). in A) in 1st marriage she took 15 tulas of gold and 4 lacs cash, gave mutual consent divorce. B) In 2nd marriage, she filed 498A case against entire family and got settlement of 9 lacs which was mentioned in divorce decree.Divorce happened in 2014. c) in Oct'2015 she filed s*xual harassment, cheating case against a boy who is of her age, mentioning that she went to lodges, enjoyed s*x as both are decided to get married. She clearly mentioned she is known him from 3-4 years as on 2015( 2nd husband divorce happned in 2014)& enjoyed s*x.
1. In June 2017, I filed a divorce case, all the notices came back , with party not available.
2. In my 498A case, still charge sheet is not filed.
3. I FILED A CHEATING CASE UNDER 420 IPC, SHOWING ALL THE EVIDENSE WHICH SUGGESTED SHE IS MARRYING PEOPLE, FILING FALSE CASES, EXTRACTING MONEY UNDER SETTLEMENTS. HER ELDER SISTER ALSO FILED 498A CASE GOT SETTLEMENT MONEY
SHE WAS ARRESTED, SENT TO REMAND, ALL THE NEWS CAME IN LEADING NEWS PAPERS LIKE TIMES OF INDIA, DECCAN CHRONICLE, , IN TV NEWS ETC. SHE IS OUT ON BAIL.
Kindly tell me
1. What should I have to do to get rid of 498A case, get divorce( My lawyer is not guiding properly). Inspite of all these my wife and her family not ready to leave without money(compromise)


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 2 Replies

Vijay Raj Mahajan (Advocate)     02 October 2017

Fight both divorce as well 498a IPC criminal complaint and rest asure you will win both cases. Her previous marriage histories will go against her in both cases. Courts now take false criminal cases filled by such ladies seriously and not mind punishing them for perjury and extortion. The husband suffering such false criminal charged get divorce on the basis of mental cruelty.

Siddharth Srivastava (Advocate)     02 October 2017

You are required to emphasise on your divorce case and if summons are received back then file application for alternate services like affixation, publication in news paper and if even then she does not appear then court shall proceed exparte and shall allow petition granting divorce. Simultaneously you shall be required to counter case u/s. 498 A IPC case. You can approach Hugh court for quashing of FIR and can also challenge framing of issue by way of revision. But since charge sheet has not been filed so wait till filing of charge sheet and thereafter only move further. Consult a lawyer with details. Siddharth 9811776422

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