• Threatening to file 498a and other cases

Dear Sir

I posted one question earlier too about correction in respondent name. I got good professional replies which actually was usable.

Now my query is my wife did not came in past two dates given by the court though her lawyer came to get extension. Next date is in January. Actual case is as below:

1. My wife was suffering from some mind problems before marriage which were not disclosed to us. After marriage i came to know with her behavior. I talked to her father and they took her for treatment. Now almost 7 years after still she is not in a position to continue and living with her parents since last 4 and half year. I also took her to some doctors and they told me she is suffering from Schizophrenia. 

2. I filed a divorce case against her and now they are threatening us that they will file 498a and other cases against me, my parents and other relatives.

My question is whether I can get the divorce and how to avoid arrest from 498a.
Asked 2 years ago in Family Law from Jabalpur, Madhya Pradesh
Religion: Hindu
Hi, 1. granting divorce is depending upon your case if you have good case on merits and if you able to prove your allegations before the court you will get the divorce. 2. If your wife filed a complaint the police will not arrest you immediately, they have to issue notice to you in the mean time you have to apply anticipatory bail and one thing police will not arrest you immediately in 498/a case.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. Neither you nor wife is required to appear personally in the court. The presence of your lawyers shall suffice. You have to appear personally only on the date of your witness deposition.

2. The success of your divorce case depends on the merit of your allegations, her reply, the proof you submit in the court in support of your allegations and how your case is represented in the court. None of us can say whether you will get divorce or not. 

3. 498A and other provisions of anti dowry law are a potent weapon in the hands of any female to enmesh the husband and his family in the rigours of law. If a false case is filed against you then immediately seek anticipatory bail to preempt your arrest. This is the only way to avoid arrest.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
Hello,
1) The question as to whether or not you may be granted a decree of divorce by the court entirely depends on the facts of the case and the evidence lead and how the court is convinced.From your description you seem to have a good case provided you are able to reasonably establish that your wife is suffering from schizophrenia and it is impossible to lead a normal and practical life with her. 

2) If the client is represented by the lawyer it would suffice as the presence of the client is warranted at the stage of evidence.Therefore her mere absence on a few occasions would not have much adverse impact on the case for the respondent in the current case.

3)You need to anticipate such steps from the part of your wife and her family and need to move for anticipatory bail in order to avoid possible arrest.The police would not normally make an arrest going by the current trend until it is able to verify the veracity of the complaint.
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
5.0 on 5.0
Hi,
1. You can get divorce if you can prove that your wife cannot live without medication and her presence is dangerous for you and family.if her  illness is certified as schizophrenia , on  this merit you can get divorce.
2. Usually when a divorce asked on grounds of unsoundness of mind , court applies its mind to verify with the party 's conduct and soundness and presence of mind to answer the questions. By saying this I mean higher courts have ruled that diagnosed as schizophrenia  by doctor alone will not ensure you the divorce. So it is advisable you present some witnesses to base your case and prove that she has been of incurably and intermittently of affected illness of unsoundness of mind.
3. You should not worry about their threat and pressure tactics. It is advisable to go to the area police station and lodge an N.C of criminal intimidation and threat by your in-Laws and inform the inspector that you have initiated the legal proceedings for divorce. For this you ask your advocate to help you to lodge a complaint with the area police station.
 4. In case you get a call from the police please show them the court papers of divorce and the medical papers, police will  not go ahead with an FIR, unless they are bribed or politically influenced unreasonably. The police will have to consider the  the treatment papers of many years .
5. If an FIR lodged against you , since you have filed matter before the court , you will get the bail easily and it will be considered on the merits of her  treatment papers which your advocate can submit before the court.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
Dear Querist
You can get the divorce from her due to her decease and the arresting in 498A case the arresting is not mandatory. 
 Contact a lawyer personally or over the phone. It will be better for you to get best advice.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
1. To answer your queries specifically, you can certainly get divorce from your wife on valid grounds on submission of acceptable evidence,

2. You will not be arrested by police against complaint u/s498A after recent Apex Court order directing the police not to make any arrest against the complaints lodged without conducting any investigation,

3. Your wife can appear through her Advocate. Ask your advocate to object if her lawyer prays for further adjournment on the next date of hearing,

4. If you can submit evidence that she was suffering from Schizophrenia before your marriage then you can file a petition for annulment of marriage provided you can satisfy the Court about your delay in filing the said application after having come to know about her said incurable decease.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1)i disagree with view of other experts 

2)  merely because your wife is suffering from Schizophrenia i a no  ground for divorce 

3) the fact is even after you came  to know your wife is suffering from Schizophrenia  you did not  apply for annullment in first year of marriage 


4) In Tarlochan Singh Vs. Jit
Kaur,1 where it was held that since the fact of the
wife being a patient of schizophrenia was not
disclosed to the husband before marriage, it would
amount to matrimonial fraud and therefore it was held
the husband was entitled to decree of divorce if not
annulment of marriage.

5) the SC has subsequently held that 
 become eminently  
treatable with the advent of many new psychiatric
drugs.many patients with
schizophrenia are able to lead a near normal life
with medication. 


6) your case for divorce in my opinion would be dismissed 

7) in the event wife files 498A case contest it on merits and obatin AB
Ajay Sethi
Advocate, Mumbai
23383 Answers
1229 Consultations
5.0 on 5.0
Any marriage solemnized shall be voidable and may be annulled by a decree of nullity on the ground of fraud of concealing any material fact or circumstance concerning the respondent.

Thanking you,
Subash M R
Advocate, Bangalore
176 Answers
8 Consultations
3.6 on 5.0

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