NM (j) 04 September 2015

What after false 498a

My wife filed a FIR U/s 498a and 406 of IPC against me and my brother. All allegations were dropped as per the closure report submitted by the police in court. What should I do now? Now she has filed a Divorce with same allegations which were in 498a in a Family court. As we both live in different city. Can the case be transferred to my place of residence on account of cruelty done by her?

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6 Replies

saravanan s (legal advisor) 04 September 2015

apply for quashing in the high court

NM (j) 14 September 2015

1. Quashing of Divorce Case is what you mean?

2. We both live in different state. Can I transfer the Divorce case to my native place o/a of Cruelty done by her?

2. what are the options i have after her false 498a case?

Kindly suggests.......

prabhakar advocate (advocate) 14 September 2015

It is difficult for husband to get the divorce case transferred to his place of working. So, forget that and save money on that account of filing transfer petition in Supreme court. Next, if you also want divorce, then file reply denying her allegations but also seeking divorce on your own grounds. If you do not want divorce, then appear in that divorce case for two to three dates in mediation and later on leave that case in the hands of an advocate on whom you totally rely. After mediation, in divorce case your presence is required for one or two dates at the time of your evidence.

vijay (M) 17 September 2015

my question to experts .. why not just leave the divorce case ... just don't appear, you save the money and botheration. the other party will spend money on gettting it ex-parte