All the cases which are pending will progress to the next stage under the law. If you are asking from the perspective of guy then it augurs well for him that he has got protection from HC on being denied by the Sessions court. He should now represent his divorce case and contest the cases filed by his wife with all due diligence required from a litigant. The result may well be in his favour.
Fake allegations in 498a, 406
- Marriage - September 2008 at Arya Samaj without knowledge of Parents in a 1.5months courtship period - Age of Girl at marriage - 26, Boy - 21 in 2008 - Both working during marriage - Started living together from Nov 2008 to April 2011 - Girl pregnant May 2011, aborted in fear of her family, despite boy denying - Between [deleted], there were issues , abusing by wife, beatings by wife to husband -Issues were initially as - boy stopping to girl to speak to her ex-live in partner, then low income of boy and many other cultural differences - Girl loud, suicidal by nature - have cut marks, fractures 2-3 in her body - During this period, Boy had asked thousand times to talk to her family and get married, girl denied everytime that her elder sister is yet to be married so that could not happen .. - Boy left the rented accommodation and started living with friends from June 2011 - Girl continued to stay at that premise changing the rent agreement to her name - Girl was in job till Jan 2012..company literally forced her to resign - Girl Jobless since 2012 and not giving interviews..secretly working with a friend in freelancing - Boy and girl used to meet during weekends during those 2 years of separation till Dec 2012 - Girl & Boy mutually agreeing many times to get separated during the staying separate period due to their differences - Both girl and boy's status single everywhere, none knows anything - A complete BoyFriend - GirlFriend relation during those 4 years in everything - Parents know nothing till 2013 - Boy talks to his own family for marriage..informs girl ..girl has no problem..both never wanted to disclose this failed relationship - Girl also willing to get married according to her parents decision - Boy likes a girl from his home town..falls in love..thinking to begin a better life..boy starts in relationship - Girl knows of this and gets agitated and Girl goes 498a, 406 and DV and against all members including married sister of boy whereas it was a mutual decision to stay separate and stay as friends as that relation could not be pulled out any more - Girl creates all fake allegation (abortion by Husband, forcibly job resignation by husband, taking money and dowry demand by boy etc) - Girl then files RCR - Girl creates fake list of articles in 406 (whereas its a secret love marriage) and false 498a..more exaggerated story in DV - DV Court already took out the name of married sister from the proceedings - Sessions court rejected bail of boy ..boy in interim stay from last 4 months at HC - Mediation cancelled - boy dont want to go to that hell again - Boy filed Divorce after all these happened - Girl not willing to part away and wants all the laws to be in favor of her - What can be the further proceedings and ideal steps?
Asked 10 years ago in Family Law
Religion: Hindu
20 Answers
allegation of 498A/406 can only be proved during the trial,only relief you can get is by trying for anicipatory bail,if you get that half the battle is won
husband has to fight 498A / Dv / RCR cases filed by wife on merits . it is a long drawn battle may take some years to be disposed of . since husband has filed for divorce and wife refuses to go for divorce it may take years to be disposed of . best solution would be to convert existing divorce case filed by husband to divorce by mutual consent . settle issues amicably .
Its better for both of your to go for divorce mutually.
Thanks Mr. Ajay, but the girl has already put up her mind to keep harassing the boy. She has deliberately stopped going for job interviews and has clearly got a mindset to ruin the boy's future. Mutual consent does not seem to be possible here as the girl is extremely rowdy and egoistic. She has even gone against her entire family who we believe were trying to suggest her not to create these mess. Thanks Mr. Rajeev - So it seems there's no shortcut to come out of thousand false allegations. Thanks Mr. Ashish - Well, many years frightens but can anything be done to expedite this? Thanks Mr. Sandeep. - but it does not seem to be possible. @All - Does Govt. Of India / Supreme Court realize all these false allegations? Should we not have equality in judicial system? When women are given equal share in almost everything why such blind laws against men?
Asked 10 years ago
You may move the HC to expedite the case, albeit the battle will have to be fought and won in the trial court.
women are believed to be the victim of Domestic violence , dowry harassment . hence laws have been placed to protect the women . for your information 98%of 498A cases are false . it is legal terrorism . you have no choice but to fight cases on merits . if your wife was working in past she wont be entitled to maintenance . draw attention of court to fact that she was working in past and has deliberately left her job to claim maintenance .
Thank you very much Mr. Ajay
Asked 10 years ago
thanks for your appreciation
Sorry for the confusion Mr. Ashish. My lawyer suggesting me to apply for quashing after obtaining bail. Is that what you mean when you said going to HC?
Asked 10 years ago
. generally cases take years to be disposed of. what Mr Ashish Davesar meant was you can move HC for fast disposal of your case. he has not mentioned about moving HC for quashing of case
Mr.Sethi has correctly explained what I meant.
do not get paniky,preapare your self for a fight ,at this accept taking anticipatory you can not do anything
Thank you again Mr. Ashish, Mr. Rajeev and Mr. Ajay. @Mr Ajay: Can this be done? I mean, can I bypass the trial court and approach straight to the High Court?
Asked 10 years ago
Thanks for your appreciation.
dont file for quashing in HC .generally in cases wherein there is mutual settlement between parties HC would quash the case . contest case on merits in trial court .
you will wasting your money
Thank you very much all. It seems I should fight the case on merits instead of going for any shortcuts.
Asked 10 years ago
But I just wanted to know if it will take away all these productive years of mine. In terms of documentary evidence, I have emails/screeshots etc that I have already submitted to let the Hon'ble court know of the fact. Not sure, if the court will consider the facts. Other than submitting all documents that I have, it seems I do not have any other option left.
Asked 10 years ago
There are never any shortcuts to success.
You have already submitted all the required documents to court. Now let the court decide the issue in dispute. Once you are cleared of the charges you may prosecute her for defamation.
yes
Dv cases take 5 years to be disposed of . contested divorce cases may take 5 to 10 years for disposal . hence it was suggested that you opt for divorce by mutual consent . since your wife is not interested in amicable setttlment it may take some years for cases to be disposed of . there are no short cuts to judicial process
Mr. Ajay - No wonder, I am shattered. That means, this isnt going to sort anywhere in near future :(
Asked 10 years ago
Thought, it will get sorted in 1-2yrs :( :'( since this is a total false case
Asked 10 years ago
no it wont . you should not be under false illusions . but what may happen is that if cases drag on your wife will get increasingly frustrated with delays and payment of legal fees that she may agree for compromise .
it is a time taking game
Don't be disheartened. Mr.Sethi has rightly acquainted you with practical reality as it unfolds in courts. With judicious efforts a case can always be fast tracked to the extent possible under law.
Nothing left for further advice.
