• I have filed divorce case and wife filed 498a

I have previously asked the question ....my wife drank lizol and didn't want to live with me...she married me under family pressure.....I filed for divorce under mental cruelty on 14 March....my wife appeared before court on 30 April and on 5 may filed FIR under 498a,506 ipc at mahila Thana bypassing directions of supreme Court in Mr Sharma vs state of up case....Lady SI was her relative...SI came to our house for compromise...but as my wife drank lizol and clearly told me ...she will not live with me...we refused....now after filing of charge sheet ...we have approached high court for quashing 498a/506 under 482....but at high court my lawyer have filed stay application first...then he will go for 482....presently case is in district court and fixing of charges is the next step....she didn't appeared in divorce case after that and dates are extending by 15 days .....they came to our house for doing compromise ....she also told the police that she want to live with me under family pressure ....I know once I take divorce petition back ....she will not live with me....In dahej act she said I beat her and asked for 10 lakh and didn't gave food ...which is false....I have records of honeymoon bills...plus credit card statements of expenses done on her....we never asked for any money....they are forcing through their contacts that we take our case back....but I have decided I will not live with her....she had tortured me a lot...I have hospital reports of her drinking lizol
Asked 4 years ago in Family Law
Religion: Hindu

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16 Answers

1) you cannot be forced to withdraw your divorce case

2)wife levying false allegations against husband amounts to mental cruelty

3) wife threatening to commit suicide amounts to mental cruelty

4) quashing is done by HC only in exceptional circumstances

Ajay Sethi
Advocate, Mumbai
87915 Answers
6207 Consultations

5.0 on 5.0

There is no harm in giving a second chance to your marriage why simply drinking lizol does not mean that everything is over you speak to your wife in closed and cordial way to understand the problem and try to compromise an agreement that how you want to lead your life

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1. If she or her pleader is not appearing before the court in the divorce petition then apply to the court to proceed ex-parte against her.

2. If the directions of Supreme Court have been violated then you are free to file a contempt petition against police.

3. Your lawyer has rightly filed for stay on arrest. Once stay on arrest is granted and regular bail is obtained then a petition for quashing of FIR and Chargesheet can be filed under 482 Cr.P.C.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Firslty, though she has file several criminal cases against you, but still the fact that you filed divorce petition first would definitely give you an edge.

Secondly, as it is quite general that once you file any case irrespective of the nature whether civil or criminal, the other part may file false cases against you.

Thirdly, your lawyer should have filed it under 482 rather than filing an application.

Fourthly, if that application has been filed you may withdraw the same and file quashing under 482.

Fifthly, do not withdraw the divorce petition otherwise you may be looked as you were at fault.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Sir you should persue your divorce and if she is not remaining present then file an application before the court to close her rights to file reply and give evidence and proceed divorce ex-parte.

Further she cannot pressurise you for withdrawing your divorce.

Proceed with quashing, pray before hon'ble to stay proceeding at lower court further present all the documents before the high court and pray for quashing.

Also if they are ready to compromise then i would recommend ask for mutual divorce ask her to give consent quashing for all the criminal cases she has filed.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Suicidal tendency no ground for divorce.

You can convince your wife for filing divorce petition by mutual consent

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Your lawyer is right in advising that he will first file a stay petition to stall all the proceedings of the criminal case till the disposal of the quash petition.

You may follow up the matter properly through your lawyer

All those issues what you have narrated here can be impleaded as pleadings in the petition filed under section 482 cr.p.c.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

1. Now it is high time that you decide whether to stay with her or not.

2. if not then proceed with the divorce suit and start the evidence in the said suit.

3. Quashing petition is not likely to meet with success. Hence speed u the trial so you can come out acquitted. there is nothing to worry much if you are innocent .

4. If you do not rely on their commitment then do not make any compromise. if you prove your allegations then decree of divorce would be granted.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Continue to press your divorce petition.

If you have challenged the chargesheet in the High Court, what is that status of the said case in the High Court?

Keep participating in the trial and the same will most likely result in your acquittal.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Hello,

do not take the case back if she is not appearing then file an application before the court to decide the case ex parte.

Also, ask your lawyer to expedite the process before the hC.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1) Ask her first to sign on divorce paper and withdraw all cases which are flied against you.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

you proceed with your HC quashing and try to get the stay.

Prashant Nayak
Advocate, Mumbai
27245 Answers
88 Consultations

4.4 on 5.0

Hi,

You are suggested to proceed for quashing and divorce petitions. If compromise is done, it should be done at your terms and conditions and for divorce.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

1) amicable settlement is best option 

 

2) agree to pay amount as alimony 

 

3) enter into consent terms wherein wife agrees to  cooperate in quashing of dowry harassment case 

Ajay Sethi
Advocate, Mumbai
87915 Answers
6207 Consultations

5.0 on 5.0

See for divorce by Mutual consent you and your wife can enter into a MOU and maintenance one time can be agreed in that then you can go for mutual divorce.

If MOU is there it will be record as her to withdraw cases and help you in quashing 498a on settlement groundm once there is MOU there won't be issue though don't pay complete sum at once.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

If you want to settle the matter by compromise agreement, then you can negotiate the bargain amount and settle the matter once for all by entering into a MOU with her towards bringing an end to all kinds of matrimonial disputes pending in the courts for ever.

This would make sure that she may not trouble or harass you in the future as well.

 

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

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