• Cases that can be filed on a husband seeking divorce

I applied for divorce. Court notice was sent to my wife. Soon after they receive the court notice they filed 498A on me. The police called me and my mother and behaved very rudely. Around 15 people came along with my wife who doesn't relate to this issue and were almost threatening us. I want to know what damage this case can do to me. What kind of precautions I need to take. What are the other cases they can file on me. I never tried hurt my wife physically or mentally. I live in Delhi and the case is filed in Andhra pradesh. What kind of effect this will give to my career. Do I need to quit my job in order to attend their false allegations. I don't want to fight or argue. I just want separation. Please advice.
Asked 2 years ago in Family Law
Religion: Hindu

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15 Answers

1) you can apply for and obtain bail from sessions court

2) 498A is bailable offence in AP

3) you dont need to quit your job

4) you have to contest case on merits

Ajay Sethi
Advocate, Mumbai
76975 Answers
4621 Consultations

5.0 on 5.0

Immediately file an application for injunction against the wife from entering into the matrimonial house and/or to take any step whereby your person, property or reputation might get jeopardised. State all relevant and material facts in that application

Sourav Kumar Mukherjee
Advocate, Kolkata
12 Answers

4.0 on 5.0

1. The 498A case has no more tooth in nowadays and once FIR is registered you can apply for bail which is easily allowed.

2. So there is nothing to worry about this case and do not surrender under fear of this case.

3. There is no adverse effect on your career out of this 498A case.

4. You will have to apply for bail where the case is filed.

5. if you want peaceful dissolution of the case then propose her for mutual divorce. If she does not agree then file contested divorce suit.

6. if you are threatened by your in laws then you can file counter case of threat, defamation and criminal intimidation.

Devajyoti Barman
Advocate, Kolkata
20787 Answers
296 Consultations

5.0 on 5.0

Dear Querist

You may file the complaint case against her and her family members for their illegal acts.

file transfer petition before the supreme court for transfer the case from Andhra Pradesh to Delhi.

fight the case with the help of the lawyer who deals in the matrimonial criminal cases.

Feel Free to call

Nadeem Qureshi
Advocate, New Delhi
5740 Answers
268 Consultations

4.9 on 5.0

Don't worry about that you just do compromise with your wife if you have not having time.

If u want to fight 498 a engage a lawyer and fight in the court.

We are always there to help you.

Hemadri Chandrakanth
Advocate, Vijayawada
98 Answers
10 Consultations

4.0 on 5.0

You can file a case before the high court under section 482 of the code of criminal procedure for quashing of this FIR. You can easily proof before the high court that this case is the counter blast of my divorce petition and it is filed on the false ground only for the purpose to harass the petitioner and make him bound to take back the divorce petition. High Court after its satisfaction that this case is the counter blast of the divorce petition will quash this FIR.

Shivendra Pratap Singh
Advocate, Lucknow
5125 Answers
78 Consultations

4.9 on 5.0

The very fact that 498a was filed by your wife after receiving the Divorce Notice clearly shows that it is an afterthought. She can file a case against you under the DV Act, she can seek maintenance from you. No, you dont need to quit your job. Just strongly counter the 498a right from the start beginning with the maintainability of the complaint in Andhra Pradesh if no offence has ever taken place there.

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

Sir

You don't need to quit your job....

Since you have already applied for divorce, pursue that case...

The other cases she can file are for maintenance and domestic violence case for other reliefs...

Either 498-A IPC case or other cases even if filed can be suitably defended with the evidence you have... don't be disappointed..

Sricharan Telaprolu
Advocate, Hyderabad
67 Answers
8 Consultations

4.9 on 5.0

They have taken help of a professional advocate who wants to complicate the issue for you and he will make sure to trouble you even further. You should file a counter criminal complaint against your wife for behaving rudely with you, your mother and your family members etc. You should also move an application in the divorce proceedings stating that false allegations were leveled against you and your wife owes you and your family compensation for mental torture and agony. You can also file a case against your wife for causing physical harm to you.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
4 Consultations

5.0 on 5.0

the 498A is a cognizable offence and police have powers to arrest you in this case. You need to get the FIR quashed from the High court under section 482 of CrPC or get stay in this regard. she can file 3/4 of Dowry provisions and DV act cases on you as these are very common in divorce case.

Vimlesh Prasad Mishra
Advocate, Lucknow
6633 Answers
23 Consultations

4.9 on 5.0

Hi,

The lady can file cases of 498A, maintenance, DV etc. You are suggested to take bail in the case and protect yourself. You work in legal ways and defend yourself. No need to leave the job, instead earn money and save for your future.

Ganesh Singh
Advocate, NEW DELHI
5435 Answers
10 Consultations

4.5 on 5.0

Since she is taking revenge on you for the divorce case you have filed, you dont have any option than to face trial of the false case she has instituted through police.

You people can obtain anticipatory bail and challenge her case in the trial court properly.

Apart from this, she may file a domestic violence case, maintenance case etc.

T Kalaiselvan
Advocate, Vellore
66984 Answers
884 Consultations

5.0 on 5.0

1) first of all this 498a case clearly looks afterthought and brain child of your wife as it is filed after divorce notice.

Since After Supreme Court guidelines there is no direct arrest in 498a the matter is referred to district family committee and the same submits reports after analysis and talking mediation between both parties.

2) Second if there is no prima facie any substantial allegation with evidence you can straight away go for quashing in high court in case the FIR is logged. Any signs of FIR take an Anticipatory bail it will be easy granted to you.

3) This wont effect your career don't worry these cases have become so common now days. There are chance you maybe discharge on police investigation if nothing is found by police in investigation on submission of charge sheet.

4) She can file for maintenance under crpc 125 or under section 24 Hindu marriage act or if there are allegations of domestic violence than under section 20 domestic violence act you need to contest same that, if your wife earn and is qualified she is not entitled to maintenance.

5)Sir now since the case is filed if she is not ready for mutual divorce you have to contest it and also in 498A you have to defend yourself and get it quashed.

Shubham Jhajharia
Advocate, Ahmedabad
25202 Answers
105 Consultations

5.0 on 5.0

Please provide me following information:-

1) where do you live is at Delhi or not, if so where?

2) where do you file divorce case at Delhi or in andhra pradesh, if so which district court and inform the F.C.O.P number

3) Are your spouse living at Delhi or in andhra pradesh, if so where?

4) in which place your marriage took place and when?

5) Any issues out of wedlock? if so their particulars?

6) what is your main cause for divorce petition? give me elaborate circumstances if any?

for other things you need not bother. I can suggest you for your better life in future.

Madhava Raju S
Advocate, Visakhapatnam
5 Answers
1 Consultation

4.8 on 5.0

This is common tactics woman do after filing Divorce she can file other cases of domestic voilence, dowry prohibition, 125 crpc maintenance etc. You don't need to quit your job you can appoint a lawyer.

Prashant Nayak
Advocate, Mumbai
20589 Answers
38 Consultations

4.4 on 5.0

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