• Steps you can take if you are apprehending 498a is going to be slapped

Sir I have asked this question earlier as well. From that case I am drawing further: 
1. As two of you said I can file NC and can lodge police complaint that my wife has threatened me to lodge false police complaint. What help I get from this? 

2. Yes I am trying to gather the evidence but in the meantime what else can I do? Since as two of u suggested that without evidence I should not file divorce suit and no police investigation shall be done.
Asked 7 years ago in Family Law
Religion: Hindu

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9 Answers

1. The NC may help you to obtain AB as and when you apply for it.

2. If you file divorce you will have to prove your allegations made therein to succeed in the court, so collect evidence and go to court once you have a water tight case.

3. AB is the only protection against arrest and detention. So apply for AB as soon as the FIR is lodged.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1.This will put pressure upon her and would try to settle the case amicably at reasonable terms.

2. The degree of proof is much les in divorce suit.So I do not find any harm in fling divorce suit.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

threatening to file a criminal case is amount to cruelty and cruelty is a ground of divorce under section 13 of the Hindu marriage act. no need to file NC if you want to proceed for divorce case only. divorce suit is civil proceeding so no need to adduce any evidence at the time of filing of plaint, but you must have some evidence either oral, documentary or circumstantial evidence, at the time of framing of issues, to prove that she used to giving threats to file police complaint.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

1) if you file for divorce on any of grounds mentioned under HMA you have to prove allegations made in divorce petition

2)if you fail to do so your divorce petition would be dismissed

3) further once you file for divorce wife would file false case of 498A against you

4) if you file NC in local police station you can rely upon said complaint filed by you to show that wife has been constantly threatening you

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

Hi

You should proceed with divorce on of the grounds prescribed under law, cruelty, desertion or adultery based on the facts of your case.

If you feel you can't live with your wife initiate a divorce proceedings.

Consult a lawyer in person with detailed facts, incidents and events which troubled you to think about a divorce

Regarding 498A, approach a court with anticipatory bail if an NC lodged by your wife or an FIR filled and the cops call you to appear before them.

By existing provisions the police h has to give you a notice, once you get a call or notice to appear before the police go to court and move anticipatory bail. Otherwise session court will ask you to approach when any police report of an offence, a complaint by your wife.

Apprehension of arrest is a reason to file anticipatory bail, but in martial dispute every moment is an apprehension, so unless there is a complaint and police give a report to court, your application will not be allowed.

Thresiamma G. Mathew
Advocate, Mumbai
1642 Answers
212 Consultations

5.0 on 5.0

1. It is wrong. you can stay with her in the same house beofre as well after divorce.

2. No

3. No

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1) it is advisable to stay separate after you file divorce case against your wife

2) your wife on receipt of summons would file false 498A case for dowry hrassment or other cases against you

3) if you file NC police takes on file your complaint

4) better gather evidence before you file for divorce

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

1. As two of you said I can file NC and can lodge police complaint that my wife has threatened me to lodge false police complaint. What help I get from this?

This would enable you to get anticipatory bail easily than to struggle for the same with plenty of conditions being imposed to grant the same.

2. Yes I am trying to gather the evidence but in the meantime what else can I do? Since as two of u suggested that without evidence I should not file divorce suit and no police investigation shall be done.

You can proceed based on the circumstances and the suggestions given to you.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

Yes I am certain that I can't live with her anymore. It is also true that I don't have any hard evidence of adultery. The collection of evidence is difficult in my case and for that I need to keep watch over her closely which I can do only when I live in the same house.

If you cannot obtain any evidence for adulterous life, you may file the petition on the grounds of cruelty with pleadings about her adulterous activities.

1. One lawyer has told me that after filing for divorce suit I can't live with her in same house. is it true?

There is no illegality to live with her in the same house under the same roof even if you have filed divorce petition seeking to dissolve the marriage on the grounds you rely upon. You both can very well live separately though dwelling in the same house.

2. if true then I need to file NC for temporary relief, till I get evidence.

Dont club filing NC with the divorce case.

3. If I file NC in the police station and SDO court shall there be any enquiry by police?

The police will certainly make inquiry into the alleged incidents made in the complaint.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

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