• Wife filed a false 498a after MCD dismissed since she dishonored and seeking more money

We had filed for mutual divorce in year (June 2018). Per terms in MCD, I left home, living separate and I've gifted my flat share which is on joint a month before hearing in (Jan 2019). She disobeyed to sign on date, and started demanding huge money and property for my son (11year old) as well. She is working/earning well, hence she is not seeking anything more for her.

Since I cannot cancel the property gifted due to no terms as such written in MCD. I’ve tried to negotiating for five months, but didn't work out. I have asked judge to dismiss case in (July 2019) after appearing for four times since first hearing while she attended only twice. 

Filed a contest divorce petition (Sep 2019) seeking my son custody on grounds of harassment cruelty, MCD disobeyed and alleging her character (have whatsapp proofs) and alcoholic habits that can ruin his future.

She filed 498 harassment FIR in (Nov 2019) seeking property, after she received a notice from the court of my strong contest divorce petition seeking child custody that has first hearing (may be first counselling) in (Dec 2019).

I’ve three questions:
1.	Can her false case 498a FIR be quashed on ground of her disobeying MCD, and demanding more money and property after she got flat transferred on her name from me? While I have fulfilled all terms and was ready to give good money as well for my child.
2.	In my contest divorce case, and what strategy can help me to get my divorce with/without kid custody fast since I’ve obeyed all terms in MCD and she betrayed me and filed false 498a. Will judge do me favors on above grounds?
3.	Will this false 498a have any impact on my current and changing job that I need do for some reason
Asked 4 years ago in Family Law
Religion: Hindu

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28 Answers

That cannot be quashed besed upon MCD as it requires proof that cruelty didn't happen.

Complaint does not mean that all this happened. She has to prove everything.

Meanwhile you should state all the facts, her infidelity etc. So that her true character is exposed.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

The case of 498a can be quashed when there are vague the allegations in the FIR. 

Divorce can be granted based on various reasons, therefore, your facts and circumstances should fit within the reasons as stipulated by the law. 

There is no reason why dowry case should impact your job. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1) you can file petition for quashing of FIR on basis of non compliance by wife of consent terms 

 

2) you would  be granted divorce on grounds of mental cruelty 

 

3) wife refusing to comply with consent terms after you have transferred property in her name amounts to mental cruelty 

 

4) false 498A case would not impact your current job 

 

5) burden of proof is upon prosecution to prove allegations beyond reasonable doubt 

Ajay Sethi
Advocate, Mumbai
94732 Answers
7537 Consultations

5.0 on 5.0

- As per law, Divorce by mutual consent is final and binding , and thus cannot be challenged in any Court by either of the parties .

- The basis of such divorce is mutual consent and since both parties consented to the divorce, they cannot breach the agreement and decisions.

- Hence, before the mutual divorce decree , both parties will withdraw their case , and quash the FIR , and further compeleted the terms mentioned in the agreement. 

- Since you both have filed the mutual divorce and thereby as a mutual agreement , whether written or verbally, you have gifted her a flat , hence her refusal for recording her staement under mutual divorce , is considered for termination/cancellation of agreement of mutual divorce, and thereby you are legally entitled to get the possession of the said flat after cancelling the gift deed. 

1. Yes, good ground for quash of FIR 

2. Yes, you have fit case for divorce , even you are eligible to get custody of child. 

3. NO, No impact at all .

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

1) Yes, you can quash false 498a and dv case against you.

 

2) Instead of giving her child custody why can't you take you're son's custody and take gift deed back and ask your wife to cancel gift deed.

 

3) No,  498a false case will be not impact on your job.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

  1. Yes the same can be dismissed if you can prove what you claim.
  2. That depends on the judge.
  3. No

Regards

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

1. Yes a quashing petition can be filed before high court , you may seek stay on trial and order of no.coercive action to avoid the arrest.

2. See in contested divorce all the procedure laid down has to be followed so if she choose to contest the divorce it will take time. Your ground of cruelty is strong and you can stick to same.

3. No it shall not effect your job since you are only accused and not convicted in any case.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. You can wait for the charge sheet to be filed by police before court after which you can approach high court with a petition under section 482 cr.p.c. seeking to quash the charge sheet on the basis of supporting events and documents in your side.

 

2. The case will be decided after hearing both the sides an appreciating the documentary evidences filed by both the sides .

There is no question of judge favoring anyone, the court may decide the case on merits.

 

3. It depends on your employer's mood.

If your employer is misguided by anyone who is acting agaisnt you then there is a danger of an adverse impact on your employment hence better be watchful on the developments,by not revealing or discussing with any office colleagues about this.

 

 

T Kalaiselvan
Advocate, Vellore
84932 Answers
2197 Consultations

5.0 on 5.0

Dear Sir,

The case of 498a can be quashed when there are vague the allegations in the FIR. A FIR is a first document on which whole investigation and chargesheet is based.

A FIR is bible for getting evidence and eventually to secure conviction of an accused based on the evidence, therefore a FIR must contain all the material facts related to an offence. It also must contain all the specific ingredient needed for satisfying an offence and material through which investigation may proceed. if a FIR misses material facts then it is a vague FIR which can be quashed by invoking the jurisdiction of 482 CrPC. Image result for 498a quash Some believe that if a FIR satisfies the ingredients of an offence it is not the case for being fit for quashing but this preposition is untrue under the light of the judgement In R.P. Kapur v. State of Punjab (AIR 1960 SC 866) the apex Court summarized some categories of cases where inherent power can, and should be exercised to quash the proceedings. (i) where it manifestly appears that there is a legal bar against the institution or continuance e.g. want of sanction; ii) where the allegations in the first information report or complaint taken at its face value and accepted in their entirety do not constitute the offence alleged; (iii) where the allegations constitute an offence, but there is no legal evidence adduced or the evidence adduced clearly or manifestly fails to prove the charge. so lack of evidence is another ground for quashing proceedings. A FIR containing quite vague, general and sweeping, specifying no instances of criminal conduct can be quashed even if the FIR constitutes and satisfy the ingredients of an offence. It is held in Vishalbhai Niranjanbhai Adatiya … vs State Of Gujarat & on 9 December 2015 It is a matter of common experience that most of these complaints under section 498A IPC are filed in the heat of the moment over trivial issues without proper deliberations. We come across a large number of such complaints which are not even bona fide and are filed with oblique motive. At the same time, rapid increase in the number of genuine cases of dowry harassment are also a matter of serious concern.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

1. If you have obeyed the terms of MCD and yet she backed out then it shows that she misused the process of law, hence this is a good ground to seek quashing of FIR.

2. The unilateral withdrawal by her from MCD after you had complied with terms of MCD is a ground of cruelty in your favour.

3. 498A does not ordinarily have an impact on a non-governmental job.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. It can be a ground but the 498A will be quashed on its own merits. 

2. You can try your luck. 

3. No

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

You should have file contempt petition against her. she is taking advantage of courts to extort money.

Contested diovrce will take years. Better record her admission of demanding more money. Also file suit of cancellation gift deed as the same is executed by fraud. 

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

Yes her FiR  can be quashed by High Court if you have reached to compromise and she backed out for demanding more money. 

You should present your case along with evidence against your wife to get divorce easily.

It will not impact your job.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Wife cannot demand another property 

 

court would not direct you to give her another property 

 

you can execute gift deed in favour of your parents 

Ajay Sethi
Advocate, Mumbai
94732 Answers
7537 Consultations

5.0 on 5.0

Filed contempt, she is bound to honor MCD terms once she received gratification. Mother settlement is not binding on child.

 

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

See she has no right on your property. Further for the 498a case you can file quashing and contest the divorce and custody case on merits before the court. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Your wife has no rights to demand another property. 

You can execute gift deed in your mother favour. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

No she cannot claim more property. She can claim on behalf of your children.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

She cannot demand for a property or at least a share in the property which belongs to you absolutely.

If it was a joint property then she has a right to an extent of 50% share in it and not beyond that.

Let she demand anything, you dont get frightened by her false cases and budge to her pressure.

You can deny to give any property and also maintenance to her since she is employed and earning a handsome salary income.

 

T Kalaiselvan
Advocate, Vellore
84932 Answers
2197 Consultations

5.0 on 5.0

Neither she nor your child nor have any rights to claim any share  in your property at least not during your lifetime.

If there is no such law authorising them to claim property as a right, then how do you expect the court to pass any such illegal order or judgment.

Dont think too much about it especially  if there is no provision in law for that.

 

 

T Kalaiselvan
Advocate, Vellore
84932 Answers
2197 Consultations

5.0 on 5.0

Ahe can claim maintenance on your son's behalf. Property cannot be claimed by either your wife or your son.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

As per the Hindu Succession Act, 1956, a son has the primary right as Class I heir over the property of father in the event of death without a legal will. As a coparcener, a son also has a legal right to acquire his share of ancestral property. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

See you are absolutely owner of your self acquired property judge shall not give as of law today doesn't entitle son to receive any property. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

During your lifetime your son has no share in your property 

 

2) only if you die intestate would your wife and son inherit your property as legal heirs 

Ajay Sethi
Advocate, Mumbai
94732 Answers
7537 Consultations

5.0 on 5.0

No she cannot claim another property

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

Dear Sir,

As per the prevailing law in India wife will have no claim on the properties of her husband during his life time whether within her marriage or after divorce. 2. The bill has not yet been passed. ... Whether it's before or after divorce, your wife cannot claim right over your self acquired property during your lifetime.

You have to maintain your son till he get majority.

If the property is self acquired of father, father as every right over his property to execute sale deed or gift deed to any one. After his death children inherit the same.

If property in the hands of father is inherited by him, as being grandfather property in the hands of father, children’s has equal right along with father, children can claim partition of same being ancestral property.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Yes there is law. Father is responsible to bear child needs till child become major. 

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

Dear Sir,

Your wife and son not entitled for your self acquired property and your wife entitled for only maintenance if she is not earning or alimony. You have to bear 50% expenses of your son it is better to seek quashing of FIR before High Court.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

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