• 498a

My wife has filed 498a on 01.02.13. But still nothing is moving in lower court. But they have any evidence of any cruelty. Neither i have done so.I have already tried to quashed in 02.10.15 in high court, but was rejected and send back to lower court. But My wife have also filed 125 for maintenance. I am paying the maintenance. But i confused totally confused. I have also tried to settle out of the court. But my wife wants to harass me and my family. I am the only son. My mother is in mental illness.
Please suggest
Asked 14 days ago in Criminal Law from Kolkata, West Bengal
Religion: Hindu

Instead of going to higher courts for quashing the proceedings try to speedy trial in lower court but what will be the benefit, you know as the time will pass the case shall be diluted itself so don't be confused, move an application in the lower court for speedy trial and take it easy.

Koshal Kumar Vatsa
Advocate, Gurgaon
1458 Answers
1 Consultation

5.0 on 5.0

Don't get intimidated by the harassment caused by your wife.

You have the option to file Divorce under cruelty

Alternatively You can also request the magistrate and or counsels to send the matter to mediation centre in the court to and try to settle the matter in the court mediation centre

 

Deepankar Kataria
Advocate, Delhi
130 Answers

5.0 on 5.0

Hi,

You are suggested to be bold and face the things strongly. If they have no proof of cruelty, she is bound to loose the case and you will get divorce on grounds of her cruelty. Maintenance interim is only for time being and it will also stop.

Ganesh Singh
Advocate, Delhi
2944 Answers
8 Consultations

4.5 on 5.0

You can try to file discharge in lower court if not done then go on with trial

Prashant Nayak
Advocate, Mumbai
9477 Answers
16 Consultations

4.8 on 5.0

This is my response to you:

1. You must obtain anticipatory bail in lower court;

2. Also what were the reasons for it to be dismissed in HC?

3. You will have to ask for early hearing of the matter and get the same dismissed in lower court;

4. Consult a local lawyer and take steps.

Gowaal Padavi
Advocate, Mumbai
1736 Answers
2 Consultations

5.0 on 5.0

If they do not have any documentary evidence to prove their case, you can file discharge application after the charge sheet submitted is by police under section 173 of Crpc.

After examining these facts and evidence,if the magistrate thinks that these grounds are sufficient to discharge the accused, the application for discharge is accepted.
The remedy for the accused under section 239 is available on a prima facie case, if the report submitted by the Police does not conclude any prima facie case, then the court has the power to discharge the accused.

Siddharth Jain
Advocate, New Delhi
4382 Answers
45 Consultations

5.0 on 5.0

Dear Client,

Court trail takes time, as much longer it will go, evidence agasint you will shed. Onus is on your wife to prove domestic violence. Once her evidence is complete and she fails to prove violence, you can file application in lower court for discharge.

IF mother is also implicated than her name can be delete by filling writ in HC.

Yogendra Singh Rajawat
Advocate, Jaipur
10619 Answers
9 Consultations

4.6 on 5.0

498A cases take 10 years to be disposed of 

 

2) burden of proof is upon prosecution  to prove allegations made in dowry harassment case 

 

3) you have to pay maintenance as per court orders in 125 cr pc case 

Ajay Sethi
Advocate, Mumbai
62793 Answers
3828 Consultations

5.0 on 5.0

File 340 CRPC

The Single Bench has held that when a wife misuses women-centric laws by declaring completely incorrect facts, the trial court can direct her prosecution, at the time of considering the case, under Section 340 of the Code of Criminal Procedure, 1973.

In the instant case, the petitioner wife had made an application seeking maintenance for herself and her son. She had submitted an affidavit, wherein she had declared herself a housewife having no source of income. Later, her husband moved an application to the trial Court contending that his wife was earning Rs. 40,000 per month and had produced false evidence on oath. The trial court, accordingly, directed the initiation of prosecution against the wife under Section 195 read with Section 340 of CrPC for committing offences under Sections 191, 192 and 193 of the Penal Code. The High Court noted that the action can be taken under Section 340 of CrPC when it is expedient in the interests of justice, and the impact on the administration of justice by misuse of women-centric laws would make it expedient for the trial Court to direct the prosecution. The Court further added that the trial court had elaborately discussed the law and applied the said law to the facts to hold that the petitioner has not stated the correct facts on oath. 


Sir, do try other ways, there are judgements to what I stated and it is possible, if you think your wife has filed false and frivolous cases against you, there is a judgement of barrackpore court only of west bengal and thanks for your rating, highly appreciate.

Aveek Bose
Advocate, Kolkata
882 Answers
4 Consultations

4.7 on 5.0

See if chargesheet is filed and charges are framed by the court the court will proceed for evidence and shall record evidence that is examination-in-chief and cross examination and then proceeds for arguments.

See in case quashing is rejected you need to face the trial and further you can seek exemption from personal appearance if you are not able to appear before the court.

Shubham Jhajharia
Advocate, Ahmedabad
16366 Answers
66 Consultations

5.0 on 5.0

1. Why are you confused?

 

2. Your wife has registered the FIR u/s498A of IPC against you. Hope yuou have already availed anticipatory bail for the same.

 

3. What is the status of the said case? Has charge sheet been filed by the I.O.? If not then it was not a correct step for you to file a quash petition before the High Court since all the High courts in India refuses to entertyain quash petitions unless charge sheets are filed.

 

4. You should file a petition before the high Court praying for an order upon the loaer court to dispose your 498A case within a fixed time frame, sday with in next 6 months.

 

5. Contest the vases filed against you fittingly. 

 

Krishna Kishore Ganguly
Advocate, Kolkata
22069 Answers
572 Consultations

5.0 on 5.0

Since, the case has already taken long time and nothing has done , and further your petition for Quashing the FIR has already been rejected in 2015  , and further your wife has filed 125 CrPc .  

- You should re-approach the High Court under section 482 CrPc for quashing the said FIR on new grounds of Duration of the case , continued harassment from your wife , your offer of settlement , and specially on the ground of the mental Illness of mother , if you have medical proof for the same. 

- In my view, you case is fit for quashing on the above said grounds.

- If, 482 petition again rejected by the High Court, then : 

- You can also file complaint against your wife for harassing , blackmailing or for filing a false 498A case against you . If, after receiving your complaint , the police refused to register FIR against her , then you can approach to higher police official or to the Court for the same.

- If your wife has left her matrimonial home and went back to live with her family against your consent, then you can file a case for  restitution of conjugal rights against her under Section 9 of Hindu Marriage Act.

- If you think that she has file a baseless case against you  , then you can also file a Defamation Case against her for maligning your image by filing a false 498A case.

- Otherwise, there is no way except to represent your case and produce your evidence against the said complaint of your wife. 

Good Luck and dont forget to positive Rating 

Mohammed Shahzad
Advocate, Delhi
314 Answers
14 Consultations

5.0 on 5.0

You can talk to your wife in a good atmosphere and don't loose patience I feel things will be settled, ask her if she is not interested then you both can mutually dissolve marriage through MCD. 

Mohammed Mujeeb
Advocate, Hyderabad
7888 Answers
3 Consultations

4.5 on 5.0

1. What has confused you? That case is proceeding at a snail's pace should not come as a surprise as Indian courts take their own time due to humongous pendency of cases. 

2. The remedy in your hands is to file a petition in the High Court to direct the trial court to decide the case expeditiously. 

Ashish Davessar
Advocate, Jaipur
26020 Answers
756 Consultations

5.0 on 5.0

498a cases take a long time for disposal, usually 7-10 years,

you can approach the High Court to give direction for a speedy trial,

long trial mostly favors the accused  

Suneel Moudgil
Advocate, Panipat
976 Answers
1 Consultation

4.3 on 5.0

The 498A case has bee  dragged unnecessarily for long and there are ways to expedite it.

2. If you wife is not ready to settle then file a suit for divorce.

3. Try t expedite the trial of your 498A case as once you are acquitted of the charges all the burden from your heard would go.

4. If your wife is unemployed you can not avoid her maintenance. 

Devajyoti Barman
Advocate, Kolkata
16928 Answers
240 Consultations

5.0 on 5.0

Hello, 

Move to the HC for getting the matter expedited as justice delayed is justice denied and subjected a person for so long to criminal justice system is against the fundamental right guaranteed to you. 

 

Get in touch with a local lawyer for the same with the entire set of evidences. 

 

Regards  

Anilesh Tewari
Advocate, New Delhi
16050 Answers
235 Consultations

5.0 on 5.0

What suggestion you want when the case is pending before the trial court.

You have not even mentioned that stage of the case which is pending before the magistrate court.

You may challenge the 498a case on merits and documentary evidences in your support.

T Kalaiselvan
Advocate, Vellore
52880 Answers
635 Consultations

5.0 on 5.0

1) You can ask court to stand  498a case in the coming date and proceed further as you have lost so many time on it.

Ganesh Kadam
Advocate, Pune
6807 Answers
53 Consultations

4.9 on 5.0

Dear Client 

You should ask your Advocate to pray in court to complete the evidences of Prosecution as fast as possible so that the case will be decided because the other party is delaying the case just to harass you.

Mohit Kapoor
Advocate, Rohtak
1314 Answers

5.0 on 5.0

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