• 498a, 506 3&4

Sir,
By seeing the matrimonial  advertisement (2010) of mine in newspaper my husband proposed me.we both are working in same organization and he was my neighbour.  Both the family agreed for the marriage.  However due to his responsibilities like house construction and sister's marriage they requested us to wait for 2 years. In between he has gone for his higher studies in abroad.  After two years his parents became against this  proposal.  However he didn't changed his words and we got register marriage in 2013.  However we didn't stay together.  He told once he come back after studies he will convince his parents and we will do the ceremony.  But after six months he had been to his house and after going back to abroad he started forcing me for mutual divorce.  Last jun he came back and stayed with me for 3 days.  Those days he harassed me physically also.  i informed his parents about our marriage.  After that he started staying separately.  He sent his parents to my house.  They told they will allow us to stay together only we accept their dowry demands which was beyond our control. We went to their house for a compromise talk.  However they were not ready to speak and insulted us.  They told they want mutual divorce otherwise they will kill me.
i filed FIR on 13 Oct 2014.  Investigation is going on. Meanwhile he filed divorce petition on 20 Oct 2014.  He is telling i made suicide threats and because of that only he married me.  however it is not correct.  Out of this 4 years, 3 years we were in good terms. 
Both of us are central govt. employees (Gazatted officers).
i am not ready for mutual divorce. He is offering compensation.  I
I want justice.  I don't want any compensation from him.  I want to knw wht mistake i have done.  Before living together he started asking divorce.  Recently i came to know that his parents fixed his marriage with some other girl and they want to avoid me.

If i proceed with the case how long it will take to get justice for me.  Now i am 32 years and he is 33.  He is brainwashed by his parents.  Is is possible to change him through counseling??
Asked 2 years ago in Criminal Law from Bangalore, Karnataka
It usually takes 1 year for a mutual divorce proceedings. I suggest you both visit to a marriage counsellor who would be able to guide your husband against divorce.  However if that doesn't work out, think about yourself and make a move.  You may file a case against his parents for asking dowry and harassment. These cases usually takes 2 or more years to finish. It depends actually on the judge and proceedings also.  Take your call wisely.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
Yes, it is possible, approached the court for counselling and the family court is bound to sent the matter to counselling.

There is no time limit for finalization of the cases, it may take time, it may be 1 year or may be 5 its depend on the fighting.
Nadeem Qureshi
Advocate, New Delhi
3522 Answers
129 Consultations
4.9 on 5.0
You have to contest the Divorce case if you don't want him to get divorce form you. Otherwise court may grant him divorce in you absence if you don’t appear and contest the prayer of you husband and court may pass ex parte divorce.

Instead of going there, you have option to get the case transferred to Bangalore but you have to approach the superior higher court. 

His Divorce and Investigation on criminal case shall go parallel. You cannot withdraw the FIR/Criminal complaint. If he approaches High Court for quashing of the FIR, you can give no objection or consent for quashing if there is any settlement between you. 

If you want to get him for counseling you can approach the court where he had filed Divorce case or you can file suit for Restitution of Conjugal rights or Suit for maintenance in Bangalore Family Court as you are residing in Bangalore and seek mediation. In the mediation you can decide your future course of action. 

Please understand, if he is not willing to live with you, no legal battle or court can force him to change his mind and make him to live with you. In such case it is advisable to agree for mutual consent divorce with certain monitory conditions.
Sandeep Hegde
Advocate, Bangalore
361 Answers
97 Consultations
4.8 on 5.0
1. FIR can not be withdrawn by complainant more son if charge sheet is submitted. in any case if the dispute is settled both of you can go to high court for quashing of the case.
2. 498A case and divorce suit is never merged together. Both are of different nature and are tried in different court .
3. if you do not ant settlement then why are you anxious about counselling. it is not done in 498A case but would be done divorce suit after you apper in that suit.
Devajyoti Barman
Advocate, Kolkata
5169 Answers
54 Consultations
4.9 on 5.0
You cannot withdraw the FIR  now. Once the case goes to court, it won't get merged until and unless the relief asked is same and on the basis of same facts.

However dowry case and divorce cannot be merged together on any circumstances. They may be tagged together for convenience. 

Counselling through advocate is possible in divorce matter. It can be done through court procedure. All your lawyer to do that.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
1. If conciliation not counselling fails then divorce suit drags. Mere refusal of stay together does not entitle the other spouse to get decree of divorce.
2. Grant of divorce does not end the 498A case automatically and unless it is mutually quashed the same will proceed till final decision is passed.
Devajyoti Barman
Advocate, Kolkata
5169 Answers
54 Consultations
4.9 on 5.0
The dowry case will have no impact on the divorce case even if  you both are no more husband and wife. Because dowry demand is also by your in laws. 

If the conciliation fails then the contested divorce petition will take time to get disposed off. You will need to fight out the case in the respective courts.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
1. No one can foretell how long the court would take to decide the case as the courts in India are reeling under a huge backlog of cases. So a lot depends on factors such as efficiency of judge, pendency of cases in the court, etc.

2. It takes 6 months to finalize the mutual divorce, whereas contested divorce proceedings take longer than that.

3. If you do not wish to give divorce to your husband then you can contest the divorce proceedings filed by him. Unless and until he proves that you were at fault he will not be given divorce by the court.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
1. FIR filed by you cannot be withdrawn by you now. The FIR proceedings will culminate either in the conviction or acquittal of your husband. However, in the even that an out of court settlement is reached between you, you may move High Court for quashing of the FIR.

2. FIR and divorce case will not be merged under any circumstances as both of these are different proceedings under the different laws. Since your husband has filed divorce petition you can approach the Supreme Court to get the divorce case transferred to your city.

3. You can approach the court through an application for counselling, albeit it is the prerogative of the court to allow or disallow your request. Once the charge sheet is submitted the court will not permit counselling.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
1. If conciliation takes place on the order of the court, wherein your husband does not evince any interest in continuing the marriage, the conciliation proceedings will be futile. Thereafter the court would decide the case in accordance with the law. Divorce will be granted only in the event that your husband proves his allegations.

2. Divorce case will have no impact on FIR proceedings.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
When counselling fails & if both of you decide on divorce, you need not worry about the technicalities of settlement and procedure to get divorce. your advocate can look in to that matter. If Counselling fails and if he refuse to give compensation, then you can contest his divorce suit. Do not worry about the technicalities of settlement, your Advocate will handle it professionally.
Sandeep Hegde
Advocate, Bangalore
361 Answers
97 Consultations
4.8 on 5.0
It is suggested that solve your situation through family counsellor  mutually . if not possible then you can file dowry case .and you can pursue divoce case.taking time in any case depend upon circumstances and gravity of case.
Brijendra Kumar Vishwakarma
Advocate, Kanpur
117 Answers
0 Consultations
3.3 on 5.0
1. Your quesries are creating confusion as to what do you want now,

2. You said you want justice for the traetment done on you by your husband and his family members. Demanding dowry is a crime which has been committed on you for which you have already filed FIR which is beaing heard by the Court,

3. How come & why the question of counseling comes now? Do you think that a man of 33 Years is not aware of the fact that demanding dowry is a crime?  Your feeling that he has been brainwashed by his parents ( as if otherwise he would have acted well in your favour) is one sided thinking. He is an adult who has married you and should have delivered his matrimonial duties & responsibilities,

4. Hope you have collected evidence of their dowry demand in the form of audio/video recording. If you have not, atleast try to collect it now,

5. Pursue your 498A case and contest the divorce case fittingly,

6. If they offer any mutual consent divorce petition, then agree for it against payment of adequate compensation,

7. If the match is not compatible, get out of the hell and start your life afresh.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
1. No. 498A case and divorce case can not be merged together to be heard,

2. Both the cases will be heard seperately.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
1. If both the spouses agree before the mediator to separate then the mediator will forward his report to the court whereupon the court may suggest you to file for mutual divorce.

2. If mediation fails then the case will be remanded back to court for disposal in accordance with the law.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
1. If both of you agree to seperate then the mediator will submit his report before the Court accordingly,

2. Based on the said report, the Court will decide either to suggest filing of MCD or start hearing the case for disposal.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
1. if parties in mediation reaches to a settlement, the mediation centre records such thing and sends the matter back to court to do rest of the formalities.
2. If it fails then also mediation sends the matter back to court for further proceeding of the suit.
Devajyoti Barman
Advocate, Kolkata
5169 Answers
54 Consultations
4.9 on 5.0
mediation has no value if your husband want divorce because meditation is not binding on parties. in divorce petition if your husband comes to compromise then he can give written admission that he is agree to live with you, this statement is binding upon him. 
divorce and criminal case can run concurrently if criminal allegation are compoundable then you can withdraw it at any stage of proceeding before passing of judgment.
criminal case may carry on after finalisation of divorce.
Shivendra Pratap Singh
Advocate, Lucknow
2728 Answers
41 Consultations
4.9 on 5.0

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