Myself and my wife stayed separately since 2012.and my local panchayat decided the case of our divorce.Lately it is reveal that she has illicit relationship with other person.I file a case against him and the local court declare it as,cas of adultry.I send that copy to her parent.instead of accepting ,her father lodge an fir against me under section 498(A).kindly advice..
Asked 2 years ago in Family Law from Itanagar, Arunachal Pradesh
1) you have to contest 498A case on merits .
2) obtain Anticipatory bail from sessions court .
3) with recent SC judgement you will get bail easily . . you should in your bail application mention that 498A case is an after thought filed as counter to case of adultery filed by you against your wife lover .
4) also file for divorce against your wife on grounds of adultery
1. Immediately apply for anticipatory bail from the Court for yourself and also for them against whom the 498A complaint has been lodged by your wife. It is easier to get AB now a days and police will not arrest you in normal course after recent Supreme court Judgment,
2. After that contest the 498A case taking a plea that the said case has been filed in retaliation to the order inconnection with her adulterous relationship with her paramour,
3. File a divorce case based on the said order related to her adulterous relationship,
4. Keep in mind that Panchayat can not decide about divorce. It has to be decreed by the appropriate Court.
1. Panchayat has no authority to grant divorce to a couple. Only a court of law can dissolve marriage.
2. Since FIR has already been filed against you it is imperative that you should immediately apply for anticipatory bail to preempt your arrest. If bail is not obtained police is at liberty to arrest you at any time. After bail is obtained you can easily contest the case on merits by taking defence that the case has been filed against you out of vengeance as you had filed a case of adultery .
3. You have the right to file for divorce on the basis of adultery if you have sufficient proof to substantiate your allegations.
1) You need to file for Anticipatory Bail immediately as an FIR has been filed against you.You need to contest the 498A matter by appointing a lawyer to defend you appropriately.
2) Please know that no panchayat has any authority to grant divorce. You can file for divorce on grounds of adulterous relationship of your wife and the court order upholding the same.
Please note the panchayat cannot grant divorce which could be recognised in the eyes of law. You now will have to contest the 498A case on merits mentioning in your reply with all the particulars in the form of evidence the adultery committed by your wife.
Also file for anticipatory ball immediately so that you could contest your case since then police will bit arrest you.
First of all obtain bail in 498A case and contest the same as it is counterblast and after thought because you got order for her adulterous relationship. Thereafter file divorce on the ground of adultery as divorce can only be granted by court and not by Panchayat.
Advocate, New Delhi
I agree with above experts.