Chirag88 17 April 2016

Wife files 498a after divorce

Dear friends and esteemed lawyers,

Need your help and advise on our current situation

My brother got married five years back. Due to quarrels his wife went back to parents place and put 498a/406 etc. two years back
Many family members were accused ( including me who lives abroad)
some got AB at lower court, but my brother, mom and me (father expired many years ago) got rejected.
Police did not even call us (we are in another state). CS not submitted

Now girl has filed for divorce on same false allegations.

We will be happy to see her go, but we have some questions..

1) if we do not contest will all charges of cruelty considered proved against my brother and he will be sent to the jail?

2) Our lawyer at girl's place said that my brother has to appear personally otherwise case will go ex-parte?
But doesn't he have the right to be represented by a lawyer ? If he goes he will be arrested.

3) If we try to transfer the case in HC (to a nearby city) or SC, will case be stayed immediately? Or do we have to wait for first hearing at HC/SC... (and divorce decided ex-parte by then)?

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6 Replies

Chirag88 17 April 2016

I am very sorry, I should have said wife files divorce after 498a

A walk alone (-) 17 April 2016

After divorce no value of 498a. But your brother should contest divorce because without contesting it may prove that all allegations are true and it might be also written on court orders. First court will severe three summons to your brother if he don't appear it may turn ex- party. He will not send to jail if in divorce case cruelty is proved.

Vijay Raj Mahajan (Advocate) 17 April 2016

Yes your brother can be represented by lawyer but in Family court the right to be represented by lawyer is reserved with the court which usually allows. The presence of your brother will be required at the mediation process and evidence stage, then he can go there. The charges of cruelty even if get proved as correct in civil divorce proceedings cannot be taken to be proved in criminal proceedings under section 498a IPC etc. The contested divorce usually get resolved in Family court through divorce by mutual consent and all charges of cruelty etc get diluted so don't worry engage good experienced divorce lawyer for the case. Your transfer petition in high court or supreme court will not succeed unless you have strong ground for the transfer that you don't have. Just avoid wasting money on that process.

ANAMIKA VICHARE (LAWYER) 18 April 2016

Ask you r brother to fle for bail in High court. And let him ttend divorcecase file his written statement enagge trustworthy lawyer, then hen neednota attend each and every date.Snhe might hv claimd permanenta limony, house etc, Ask him to settle the matter, if the matter is settled 498A acn be quashed in lieu of sttlement...

Further COmmn through facebook

Anamika Vichare

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