Merely because false dowry case is filed you would not lose your job
Only if your are convicted woukd you lose your job
You can file for divorce if you so desire
I’m Officer in central government and on probation. I haven’t completed 2 years in job. I want to file divorce case and I understand as soon as I file divorce case the opposite party will file case against me under section 498A ( most probably). I never demand anything from them but I still understand that this happens with everyone. Based on this false case can government expel me or suspend me from my job?? It is noticeable that I’m in probation period right now. I need help
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Merely because false dowry case is filed you would not lose your job
Only if your are convicted woukd you lose your job
You can file for divorce if you so desire
I’m a victim of child marriage. My parents made my marriage when I was 12-13 years old. I was not happy with that marriage but they forced me to spend time with her but I refused. But one occasion they made me to do that and now I have a child too. Now I need divorce. The girl is saying that she has no problem with anything and I can marry with any girl of my choice but she won’t give me divorce. She don’t need me but at the same time don’t want to give divorce. How I can get divorce and what are the alimony I need to pay her as I’m a central government employee. Please help me out. Thank you
You won't be fired from your job, just because your wife has filed cases against you under 498a
But, if you're convicted in the said cases, it will greatly effect your present job, as well as future job applications.
Dear Client,
Mere filling criminal case dosen`t call your suspension but if you held in police custody for more than 48 hours, than under service rules , you will be suspended.
Whats your age ? Without divorce second marriage is void.
1. you need not worry
2. you wont lost your job
3. for you to lose your job, you first have to be convicted for the offence of 498a
4. mere filing of a 498a case against you would not dis entitle you from your job
5. in Indian law system, an accused is considered as innocent unless proven guilty and convicted by a court of law
The legal age for marriage in India is 18 for a woman and 21 for a man.
Prohibition of Child Marriage Act, 2006 recognises child marriage as valid but “voidable” at the option of the minor involved .
You can file for annulment of such marriage, in which you do not need consent of the other side.
Then only, you can remarry, otherwise you'll be committing the offence of bigamy under 494 IPC.
If she claim maintenance 1/3 to 1/5 of your salary will be given to her as maintenance. Secondly you have only ground to file under section 13(1)(ia) ie divorce on ground of cruelty mental or physical and you need to prove it beyond doubt. Second option is to file under Section 11 of Hindu Marriage Act, 1955 deals with:
Nullity of marriage and divorce- Void marriages - Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto, against the other party be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v), Section 5 mentioned above.
Since you were minor at time of marriage it is void.
Lastly if they file dowry harassment case unless you are convicted there is no damage that will be caused to your government job so you need not worry.
Nothing will happen to your job in case wife files a case for dowry harassment under section 498A of IPC. IN case you do not participate in the investigation conducted by the police and arrested for more than 24 hours then you may be suspended. the suspension may be revoked after release. It hardly matters even if you are under probation period.
If girl is not ready to give you the divorce, then you need to file for divorce on the grounds of cruelty. There is no fix alimony, it depends on the your income and savings and the demand of the wife. Monthly maintenance depends on your monthly income to be fixed by the court if wife files any application for maintenance.
You cannot marry during subsistence of earlier marriage
2) if you remarry case of bigamy can be filed against you under section 494 of IPC
3) you can file for divorce on grounds of mental cruelty . You have to prove allegations made in divorce petition
4) alimony to be awarded us at discretion of court . Depends upon your income , wife income , standard of living etc
No a matrimonial case will not effect your job.
Just give a NC to the police station that a false case can be filed on you, so that if the same is filed then you may immediately go to the HC to get the same quashed.
Regards
In nay view of the matter your marriage is not a valid marriage.
File a suit for annulment of the marriage.
Regards
Sir in case she files case on you wont loose your job,in case you are convicted then you loose your job.
Sir you need to seek divorce based on your facts without a divorce you cannot remarry as first second marriage is not valid secondly it is offence under 494 IPC.
Sir you can file divorce on ground of cruelty, (also kindly state your age we can see if option of annulment as it was a child marriage) before the family court under section 13 hindu marriage act.
Further the alimony is decided based on many factors like your income, liability, lifestyle and other, also you have to give maintenance to your child in case custody is with her.
No, you'll not lose your job. Rest assured about this.
Even if a 498a case is filed against you, you have to ensure that you are enlarged on bail within 48 hours of your arrest.
Based on this false case can government expel me or suspend me from my job?? It is noticeable that I’m in probation period right now. I need help
As per law a person charged with some offences will not be guilty until the court finds him guilty in its verdict.
Therefore by just registering as FIR, the government nor the employer can terminate your services,
They will await the outcome of the case to decide next course of legal action.
If you are not able to tolerate her anymore and have decided to dissolve your marriage by a decree of divorce, you may file a contested divorce on the grounds of cruelty.
For alimony she has to prove your salary income out of which she may be entitled to 25 % of your take home salary.