• 498A, divorce, alimony

Hi
My wife is about to file a false 498a on me nd my family.
We are married since 4years under special marriage with no children.
My Questions are
1.Wat will be the procedure once she file a case?
2.Will police arrest me nd my family?
3.Let me know about Anticipatory bail nd Bail?
4.Should I nd My Family attend court for every hearing?
5.Is there any benefit in filing RCR?
6.Can she claim maintenance from me as she is already working as software engineer?
7.Should she also attend court for every hearing as she might go to australia on work?
8.What can I do if she file a case go to australia?
9.What about Diverse?
10.She is demanding a huge money for not filing case?
11.How to fight against this false case?
Asked 1 year ago in Family Law
Religion: Hindu

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22 Answers

There is no automatic arrest in 498A case 

 

2) it is bailable offence in your state 

 

3) police would issue you notice to record your statement 

 

4) you have to attend court on each date unless you are granted exemption from personal appearance 

 

5) no sense in filing RCR 

 

6) if there is substantial differences in your incomes then wife can seek maintenance 

 

7) you can file for divorce on grounds of mental cruelty 

Ajay Sethi
Advocate, Mumbai
79719 Answers
4806 Consultations

5.0 on 5.0

Issue notice to her to come back and stay with you to oblige her marital obligations. 

Failing which file RCR petition. This will help you in many ways. 

Get the decree of RCR. File divorce case if decree is not complied with one year.

As to false cases you do not need to worry about. Yes you will need to attend court and defend your case.

Without preliminary examination as to the truth in any allegation police can not arrest. 

In case of arrest apply for bail. It is given by court.

Or you can apply for anticipatory bail in session court or high court.

You must engage local lawyer to deal matters in court.

 

 

Kallol Majumdar
Advocate, Kolkata
2784 Answers
4 Consultations

5.0 on 5.0

  1. The best recourse for you is to appoint a competent and expierenced counsel to defend you and your family. You also need one, to seek appropriate matrimonial remedies in family Court. 
  2. I handle both the criminal prosecution defence (in your case, s498 A) and also civil matrimonial remedies (divorce or any other appropriate remedies in family Court). I'm based in Mumbai but have appeared before various district courts and High Courts and also Supreme Court and willing to take up your case too. You have to visit me for exhaustive consultation and then we can take it from there. . 
  3. Defending you successfully against criminal prosecution is most Important & hence hence you shouldn't opt for inexperienced advocates. They are cheap with respect to fees but they botch up cases

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1358 Answers
5 Consultations

4.4 on 5.0

Dear Sir,

Safeguard yourself, your parents and your relatives.
1) Be very polite in all circumstances. Record all conversations (voice, chat, email, letters, etc.) with those threatening and keep the originals in a safe place. Never produce the originals before anyone, not even before your lawyer. You can buy Olympus W-10 voice recorder, which costs about Rs.4500. You can also buy a telephone recorder.
2) Write a complaint to your nearest police station, detailing about blackmailing, her false allegations and her unscrupulous behavior. And request in your complaint to make her stop the threats and abuses immediately. 
3) File RCR (Restitution of Conjugal Rights). Remember to include conditions that she should agree on before she starts living with you again. 
4) Collect evidence to prove that you have neither demanded dowry or have taken it anytime.
5) Collect evidence to prove that she moved out of the bond of marriage for no apparent reason.
6) If she does not already know, make sure that she does not come to know that any of your family members is an NRI. 
7) Don't remain home during weekends and holidays. Have proofs of where you were. For instance, if you were in a mall, have a credit card transaction in that mall and keep the copy of that transaction. 

Netravathi Kalaskar
Advocate, Bengaluru
4953 Answers
27 Consultations

4.8 on 5.0

If she files an fir you need to take Anticipatory bail. No after anticipatory bail police can't keep you in custody. If you want her back file RCR. You can object to her maintenance application as she is qualified and earning. No her lawyer can attend. Appoint a good lawyer he will help u

Prashant Nayak
Advocate, Mumbai
22633 Answers
49 Consultations

4.4 on 5.0

1) Immediately obtain bail (if it is 498-A).

2) No, police will not arrest you immediately.

3) Bail can be obtained after you are served with summons / warrant. AB is before you are arrested.

4) Yes, you need to appear, unless exemption is obtained for appearance (you will not be exempted primarily)

5) No use, waste of time and money.

6) Chances are less.  However, earnings of both of you will be compared, if substantial difference is seen, then on pro-rata basis you will be asked to pay her.

7) Not necessary.

8) You can raise an objection /oppose for appointment of attorney on her behalf.

9) Going  forward, file for Divorce under Cruelty.

10) your top priority is to collate material proofs in support of your divorce / defence and to destroy her cases. Collate as many proofs as possible.

 

S Srinivasa Prasad
Advocate, Hyderabad
2864 Answers
9 Consultations

5.0 on 5.0

Apply for anticipatory bail.

Police will issue notice to present, than you can submit your defense. Court hearing will be later thing, will take time.

RCR shall be taken as defense that you are willing to resume with her and she only deserted you.

Earning wife not entitle to maintiancne. Neither party needs to attend court regularly. Advocate will represent them.

Divorce takes time. Record her threat that she will file false cases if you will not met her money demand.

 

Yogendra Singh Rajawat
Advocate, Jaipur
21407 Answers
31 Consultations

4.4 on 5.0

1. Firstly you need to seek anticipatory bail for all the accussed once you get the bail you cannot be arrested .

2. Seek anticipatory bail from session court on her complaint.

3  anticipatory bail is bail before arrest to avoid the arrest and regular bail is taken after one is arrested.

4. See if no permanent exemption is provided by the court then in that case yes all the accused have to attend the court.

5. See you can file for RCR showing your intent that you wish to take wife back but she us not ready and she is filling false cases.

6  if she is working maintenance can be contested.

7. Yes complaint has to be present before court .

8. See if she file case and go australia and not available for any kind of evidence the court can reject case on ground of non prosecution.

9. For divorce you can file against her on ground of cruelty if she is not ready for mutual divorce.

10. See you can negotiate on amount and can mutually divorce that would be best thing to do.

11. See burden of proof shall be on her to prove that she is treated with cruelty and harrased.

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
115 Consultations

5.0 on 5.0

First of all take an anticipatory bail. 498a takes a long time for filing of chargesheet as the police department takes time. She will have to be here till chargesheet is filed. 


Meanwhile you can file a police complaint against her if she has harassed you and also file a divorce petition.

Susheel Kumar
Advocate, Mumbai
34 Answers

5.0 on 5.0

1. For lodging FIR under section 498A, your wife will approach CWC against you and your family members. Official of CWC will try firstly to reconcile the matter in dispute, if you will not appear or dispute will not resolved , then they will sent it to the police for lodging FIR. 

2. If, FIR there, then you will be informed by the I.O. of the case for taking bail from the court or apperance.

3. Yes, you can get anticipatory bail from the session court ,if she has filed case malafidely.

4 . When police will file charge sheet before the court , then you all will have to appear before the Court on each and every date of hearing.

5. If you are interested to continue with her , then this RCR should be filed , and further if you will get order in your favour , then only there is benefit , otherwise no use.

6. If, her income is sufficient for her maintenance , then she will not get any maintenance from you.

7. For 498a , her appearance is not mandatory on each and every date of hearing . But at the time of evidence , her appearnce is mandatory as per law. Otherwise she will loose her case. If she filed maintenance case then in her apperance case will be dismissed.

8. query is not clear .

9. File divorce case on this ground , court will grant order in your favour. 

10. Fit ground for Divorce as she is trying to black mailing you on the garb of marriage.

11. Better to lodge a police complaint in advance , after narrating all the facts. 

 

Good luck and dont forget to rating Positively.

Mohammed Shahzad
Advocate, Delhi
5666 Answers
55 Consultations

5.0 on 5.0

First of all to get the relief with regards to your arrest you can file a case for quashing of the FIR in the High Court and get the arrest stay thereafter you will have to cooperate in the investigation and will have to present your evidences.it is not fair to file for restitution of conjugal right before family court, any way this will not give you any benefits. settle dispute amicably and File a joint petition signed by both parties  U/S 13b MCD. 

Mohammed Mujeeb
Advocate, Hyderabad
18986 Answers
13 Consultations

4.5 on 5.0

Issue notice first. Legal notice.

After that RCR petition.

RCR will help you to avoid payment of maintenance. Opposite party will feel some pressure.

498a is different issue. To be dealt as per criminal law. 

 

Kallol Majumdar
Advocate, Kolkata
2784 Answers
4 Consultations

5.0 on 5.0

RCR is useless 

 

2) if you want to file RCR then send notice to wife to return to matrimonial house and if she refuses to return then only file case 

Ajay Sethi
Advocate, Mumbai
79719 Answers
4806 Consultations

5.0 on 5.0

RCR is not a tool against 498A If you really feel her to be back then file RCR sending notice is good and then you can file rcr

Prashant Nayak
Advocate, Mumbai
22633 Answers
49 Consultations

4.4 on 5.0

Filing RCR will b positive, no negative effect.

Can send notice first.

Yogendra Singh Rajawat
Advocate, Jaipur
21407 Answers
31 Consultations

4.4 on 5.0

1. Once 498a is filed now filing RCR won't help.

2. See if you wish to file RCR you can file RCR before the court.

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
115 Consultations

5.0 on 5.0

Once she files the complaint of 498A police will call both parties for counselling session two to three times. 

No police will not arrest you and your family immediately.

Anticipatory bail is filed Before arrest and bail is after arrest. 

Yes you need to appear in court for every hearing once the case is filed. 

Yes she can claim maintenance but it depends on discretion of court to allow her petition and upto what extent.

No she as complainant doesn't have to appear for every hearing. 

You need to produce evidences in your defence.

You cannot stop her from going abroad.

 

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

I would not suggest RCR if you don't want to live with her.  You can file for Divorce petition under section  13.  Please file it quickly.  Also file a police complaint against her if she is harassing you and you are in extreme endangered situation.   Also try to change your place of residence if possible to avoid her as it is your right to abandon her considering that there is an irretrievable breakdown of the marriage.  Don't be under the wrong impression that law will not take its course if you have filed an RCR.  There is no such protection.  Hence if you are honest don't worry law will only help you. I still suggest you to change your place of residence if possible. Don't be cowed down by blackmail. File a police complaint before she does.  Also file for an anticipatory bail if she initiates any complaint.

Susheel Kumar
Advocate, Mumbai
34 Answers

5.0 on 5.0

1) No purpose is going to be served by filing RCR, neither it will help against 498-A.  other way round, you collect and have substantial proofs viz., SMS, Whatsapp messages, CDR, audios / videos etc., to support your defence.

2) No need.  You can file for Divorce under Cruelty insteadd of RCR.  Filing of RCR is nothing but protracting / delaying the inevitable.  Better option is go for Divorce.

 

 

S Srinivasa Prasad
Advocate, Hyderabad
2864 Answers
9 Consultations

5.0 on 5.0

1.  You first obtain AB and then challenge her false case in the trial proceedings properly

2. When police summons you then immediately you may file application for AB, then the police may not arrest you.

3. Contact a local advocate for this.

4. Yes, in case of a criminal case against you.

5. No much benefit.

6. If she claims, you can refuse stating that she is employed and drawing a handsome salary income to sustain her expenses.

7. No, she need not.

8. You can do nothing about it.

9. You can decide about it.

10. Dont give her even a single penny.

11. Engage the services of a prudent and skilled lawyer and fight this menace.

T Kalaiselvan
Advocate, Vellore
69750 Answers
951 Consultations

5.0 on 5.0

The RCR is a waste exercise, it is a waste of time, money and energy, it may not be of any use to fight the menace of 498a crimninal case.

It is up to you, your advocate will be a better person to explain this.

T Kalaiselvan
Advocate, Vellore
69750 Answers
951 Consultations

5.0 on 5.0

Dear Sir,

It is better to file Restitution of conjugal rights against your wife in family court.

If RCR is passed it will help you in proving that you are innocent, she cannot claim maintenance from you
she is deserter in the eyes of laws , she has no right of maintenance in future, husband will be in safer place
RCR will be passed and if she fails to join him within one year ,it a ground for divorce for husband for failure of restitution decree

If she denies to cohabit with you even after the R.C.R. decree is awarded then you can file an suit for execution of such decree under order 21 Rule 32 of the Civil Procedure code and then after a lapse of one year from the date of such R.C.R. decree you can file divorce petition u/s 13 (1-A)(ii) of the Hindu Marriage Act, 1955. If conjugal right is not restored within one year of getting the RCR decree, the aggrieved party is eligible to get divorce.

 

  1. she can file any case as she likes
    this RCR will dilute the seriousness of her cases
    3. if she doesnt join with you as per the court order within one year then that will become the ground for you to apply for the divorce

 

  • You get a leverage in maintenance & alimony, since you are ready to take care of her needs and necessities but she doesn’t want to join you.

 

SEC 9 OF HMA – restitution of conjugal rights. it is a prayer by a  petitioner; summon by a competent court ;  and order by a court to the spouse who left her matrimonial duties without sufficient reason.

 

Netravathi Kalaskar
Advocate, Bengaluru
4953 Answers
27 Consultations

4.8 on 5.0

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