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Sarath (Business)     14 March 2014

Need help on false 498a

My wife had register a complaint at women police station for 498a and i went for the enquiry and returned all the properties (without any due) to her via an agreement signed by me and her. After receiving the jewels and her properties she went to High court and filed a criminal op petition under crpc 482 and she said in the petition that she wants to register a case against me and my parents. 


She went to High court since police objected to file an FIR. In the High court they called the said inspector of police for enquiry. After the process, the judge disposed the criminal original petition filed by wife and court referred for mediation. On the same day, police people closed the petition at their station saying that wife is not interested for reunion. I have got the report through RTI. 

I attend the mediation process after that, and the mediation got failed as i said that i am not interested for reunion as she has tortured me with false allegations. But my wife said she wants to reunion. Mediator referred to High court saying that "I am not interested to reunion and she is interested for reunion hence mediation is not settled."

I have already filed a petition for divorce on mental cruelty and desertion and the hearing is on coming week. 

Now I have few doubts sir; 

1. Will High court give a order for arresting me to the concerned police station since the mediation is failed? 

2. Whether she will again open the petition since already is disposed or she will open a different petition for the same criminal op? 

3. Whether she will fill any other case after this. like maintenance,dv etc..? 

Please.advise me what to do in this situation



Learning

 2 Replies

adv. rajeev ( rajoo ) (practicing advocate)     14 March 2014

High court cannot order for arresting you, it can order to register the case. Your wife may file cases against you.

If cases are filed against you, you have to defend those cases

Sarath (Business)     17 March 2014

Hi sir,

Thanks for the information. I am from Kerala and she is from Tamil Nadu. Already I have filed the divorce case in my place. The date of hearing is in few days of time. Is it possible for her to transfer the case to the other state. If so how can I defend it. 


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