• 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 2008 - 2011, 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 2 years ago in Family Law from New Delhi, Delhi
Religion: Hindu
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.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
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
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
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 .
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
Its better for both of your to go for divorce mutually.
Sandeep Hegde
Advocate, Bangalore
361 Answers
97 Consultations
4.8 on 5.0
You may move the HC to expedite the case, albeit the battle will have to be fought and won in the trial court.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
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 .
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
thanks for your appreciation
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
. 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
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
Mr.Sethi has correctly explained what I meant.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
do not get paniky,preapare your self for a fight ,at this accept taking anticipatory you can not do anything
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
Thanks for your appreciation.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
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 .
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
you will wasting your money
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
yes
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
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
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
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 .
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
it is a time taking game
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
Nothing left for further advice.
Fateh Chand Sharma
Advocate, Noida
86 Answers
1 Consultations
4.7 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
13932 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5154 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3517 Answers
129 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
869 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
424 Answers
15 Consultations
4.7 on 5.0
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2729 Answers
41 Consultations
4.9 on 5.0