Yes she can file false 498A.

You can file for contested divorce if she is not ready. 

You need to file divorce on grounds of cruelty

You can file for divorce on grounds of mental cruelty 

2) wife assaulting husband , threatening to commit suicide amounts t mental cruelty and is ground for divorce 

3) no case of 498 A is made out 

4) rely upon call recordings , messages exchanged with wife to prove allegations made in divorce petition 

She may file cases again. But you shouldn't wait for her to do that. File a divorce petition on grounds of cruelty desertion and adultery. Also state that she has already filed cases against you and has taken them back.

Also file a domestic violence case against her through your mother and sister.

These recordings would help you in obtaining divorce and in your defence if any false cases are filed against you 

You are already acquired in 498a case. 2nd FIR on same cause of action not maintainable. And this time police may not register her FIR.

You are acquired in criminal case, valid ground to obtain divorce.

She has filed false case and also have recording of her. Apply for divorce on these grounds including mental and physical cruelty. Insulting in laws etc.

- As per Supreme Court , Repeated attempts and threaten by wife to commit suicide amounts to extreme cruelty and divorce granted.

- However, you should give information Application/Complaint to the SHO of your area police station, after narrating that you are facing hardship as your wife is having suicidal tendencies and further you should not be held responsible in case such a thing happens.

- Further , the Supreme Court in the case of Anvar P.V. v. P.K. Basheer (2014) 10 SCC 473 has held that if an electronic record is produced as a primary evidence under Section 62 of the Evidence Act, the same is admissible in evidence without compliance with the conditions of Section 65B of the Act of 1872. That evidence would take the colour of primary evidence, subject no doubt to its credibility based on forensic examination and cross examination.

- Hence the audio recording kept by you can be produced before the court , and it is admissible .

1. No, on the same cause of action , her case would not be maintainable , 

2. Yes, as i mentioned above 

3. You can file a divorce petition on the ground of cruelty after producing the said evidence . 

You can use it but need to prove the same in court by 65B evidence Act certificate in court

Once 498a and DV case are withdrawn she can't file same case against you because they come under fault. Maximum they can file for divorce case.

. In case you decide to opt for divorce, then

1.  Better to opt Mutual consent divorce route and mutually the husband and wife can take decisions in the matter of child custody, finance, assets, maintenance or alimony, returning the jewellery given by  your parents and relatives etc.

 2.  In the joint petition to be filed by both husband and wife for dissolution of their marriage through  Mutual consent divorce, custody of child, maintenance, finances, property matters, visitation rights will be mentioned.

3.  The reason can be mentioned as due to irreconcilable differences they have been living separately since one year, and their marriage has broken down irretrievably and efforts to bring about reconciliation have also failed.

4. The time for concluding mutual consent divorce will be 6 months and this cooling period of 6 months can also be waived off in certain cases.

From examining all the facts of your query I want to say that-

These cases are very common in various Courts of India and Supreme Court of India. I can really understand your problem in this regard. At times, despite our best efforts, life takes a turn for the worst. We may have wanted different things from life, but life’s got its own plan as well. A bad marriage is something which nobody hopes for, but at times, that’s exactly what we are given and forced to face head on. Marriages are hard. Divorces…even harder. Nobody enters marriage thinking about a divorce in the end. If some are unable to cope with the harsh realities of marriage, the only viable option in front of them is to approach the Court and seek legal separation by way of mutual consent divorce. I have dealt with many such cases in Supreme Court. You know marriage doesn't guarantee that you will be together forever it's only paper. It takes trust, respect, friendship, faith and understanding to make it last. Moreover, a relationship without trust is like a car without gas, you can stay in it as long as you want but it won't go anywhere. I feel there is a strong bitterness in your relationship.

You may opt for mutual divorce in case she agrees to for it. Divorce by Mutual Consent or Mutual Divorce is when both husband and wife mutually agree that they cannot live together anymore and that the best solution being Divorce, they would present a Mutual Divorce petition jointly before the Court, without putting forth any allegations against each other.

 The following are the important steps:

• Filing a Joint Petition:

The first step is the filing of a joint petition in the respective family court. This joint petition is to be signed by both parties. The divorce petition contains a joint statement by both the partners, that due to their irreconcilable differences, they can no longer stay together and should be granted a divorce. This statement also has the agreement to split the assets, custody of children, etc.

• Appearance of Both Parties in Court:

The second step of the procedure is the appearance of both the parties to the divorce in the family court after the petition has been filed. The court fixes this date and the parties appear along with their counsels.

• Scrutiny of the Petition by Court:

The court thereafter scrutinizes the petition and the documents filed by the parties. When and if the court is satisfied, it orders for the recording of statements of the parties on oath. In some cases, the court attempts to bring about reconciliation between the parties. When there is a failure to reconcile the parties, the divorce matter is proceeded with.

• Recording of statement and passing of the order on First Motion:

After the statements of the parties have been recorded on oath, an order on the first motion is passed by the court. After this, a 6 month period is given is given to the parties, after which the parties are required to file the second motion. This has to be filed within a period of 18 months from the date of the filing of the petition for the first motion.

• Appearing for Second Motion:

After 6 months of the first motion or by the end of the reconciliation period, if both parties still don't agree to come together, then the parties may appear for the second motion for the final hearing. This also involves the parties appearing and recording of statements before the court. In a recent judgement, the Supreme Court has categorically stated that the six months period is not mandatory and can be waived off depending upon the discretion of the court. If the second motion is not made within the period of 18 months, then the court will not pass the decree of the divorce. Besides, according to the section, as well as the settled law, it is clear that one of the parties may withdraw their consent at any time before the passing of the decree.

• Decision of the Court:

The most important requirement for a grant of divorce by mutual consent is the free consent of both the parties. In other words, unless there is complete agreement between the husband and the wife for the dissolution of the marriage and unless the court is completely satisfied, it cannot grant a decree for divorce by mutual consent. Upon the basis of the statements as recorded by the parties and upon the basis of the particular facts and circumstances of the cases, the court gives the appropriate orders and dissolves the marriage. The court then passes the decree of divorce and now the divorce becomes final.

In case your wife doesn’t agree for mutual consent divorce then you can opt for contested divorce on the grounds of Adultery as you have the call recording of your wife and her boyfriend and Mental & Physical cruelty. Cruelty comprises of both physical as well as mental cruelty. It was formerly thought that actual physical harm or reasonable apprehension of it was the prime ingredient of this matrimonial offense. That doctrine is now repudiated and the modern view has been that mental cruelty can cause even more grievous injury and create in the mind of the injured spouse reasonable apprehension that it will be harmful or unsafe to live with the other party. The principle that cruelty may be inferred from the whole facts and matrimonial relations of the parties and interaction in their daily life disclosed by the evidence is of greater cogency in cases falling under the head of mental cruelty. Thus mental cruelty has to be established from the facts. I feel that moreover, Cruelty is no doubt, not measurable as a tangible commodity, but the standard for determining as to whether a particular conduct amounts to cruelty or only to normal wear and tear of marriage, has been the subject matter of several decisions of the Supreme Court.

According to Supreme Court judgments she can again file false 498A case against you even after it is withdrawn. But now Indian Courts judges are aware of such tactics adopted by women to misuse the law and even Supreme Court termed 498A as legal terrorism against men and in laws.

When one threatens another with an injury to reputation, with the intent to cause alarm to that person and forces him to do what he is legally not bound to do, this is called criminal intimidation. When a wife threatens to commit suicide, in such cases, a case of Criminal Intimidation can be filed. In the case of marriages, a false threat to file divorce cases or 498A comes from either the wife or from her family members while wife often threatens her in-laws of committing suicide. This amounts to criminal intimidation under section 503 of Indian Penal Code (IPC).

If your wife leaves a suicide note, you could be booked by the police under section 306 IPC for abetting her to commit suicide. On the other hand, if she does not leave any note but her family and friends in their statement give your name as the cause of your partner’s suicide then also you will be in trouble. According to my various case examinations of many such cases in Supreme Court, all girls who threaten their husband or boyfriend of suicide never commit it. It is advised to visit, police station and speak to the station officer or inspector about it. Inform local SHO of the police station and inform him through an application stating that this girl is having suicidal tendencies and you should not be held responsible in case such a thing happens. Inform the same to her parents and also to make her attend counseling. Regular Threats to Commit Suicide Amounts to Cruelty and is a Ground for Divorce

Tape recorded conversation is admissible provided –

• Firstly, the conversation is relevant to the matters in issue.
• Secondly, there is an identification of the voice.
• Thirdly, the accuracy of the tape recorded conversation is proved by eliminating the possibility of erasing the tape record.

A contemporaneous tape record of a relevant conversation is a relevant fact and is admissible under Section 8 of the Evidence Act. It is also comparable to a photograph of a relevant incident. The tape recorded conversation is, therefore, a relevant fact and is admissible under Section 7 of the Evidence Act

A tape-recorded evidence is admissible provided that the originality and the authenticity of the tape are free from doubt. In recent cases, various courts have given their approval to voice recording as an admissible evidence. Court have given their assent on admissibility as an evidence to conversations recorded on phone using a call recording app or a sound recording app provided certain conditions are fulfilled.

These conditions are laid down in Ram Singh & Ors vs Col. Ram Singh case of Supreme Court as –

• The voice of the speaker in the recording must be duly recognized by the people who was making the recording or the voice of the speaker in the recording whose admissibility is in question must be recognized by anyone involved in the case.
• The recording in question must be authentic and this has to be proved by the person presenting the evidence through sufficient means.
• The whole conversation will have to be presented before the court. No tampering or erasing of even a microsecond is admissible. The court looks into the whole conversation as one and decides according to it only.
• The said statements must be relevant and in accordance with the facts of the case.
• The recorded device in which the voice recording is stored must be sealed and kept in safe custody.
• Voice should be clear and without any disturbance.

A voice recording provides a clear perspective of the view in the cases of coercion, bribery, threat or in any situation where the person has been mentally tortured via speech.

You may contact my secretary to connect with me for clarification. 

I hope you and your family are safe and healthy. Stay home and be safe during Covid-19. 

Gopal Verma,

Advocate on Record & Amicus Curiae,

Supreme Court of India

Your call records are great efforts and definitely would help you before Court and Police .

As per your facts and query I would state and reply as under:-

1- Yes she has right to file 498 a case fresh against you but Police has to give you notice u/s 41 Cr.P.C as per  Law and Apex Court order .Thereafter you may approach Sessions Court for ABA and definitely you would succeed getting bail based on audio recording content threats by your father-in-law. 

2- Yes you can seek divorce on the grounds of cruelty, adultry and threats by your father in law and wife based on audio recording.

3- You have to appoint an Advocate for the process of divorce before the Court of Law.

file the divorce case immediately before the family court of your area with all the details of the harassment and threatening behavior of her and her father towards you and your family.

the audio and video recordings are admissible in evidence so save them and used them before the court as evidence.

1. The 498a or the DV case are continuous offences hence she can file them once again, however you can challenge her false cases based on the past history or records.

2. You can file divorce case if the situation is intolerable and it is found that it will not be possible for you to continue this married life with her anymore.

3. You can file a contested divorce case on the grounds of cruelty, you may consult a local advocate and proceed as per the advises rendered.

The audio recordings are not admissible as primary evidences in court of law, however you can produce them following the laid down procedures as provided in section 65B of the Indian Evidence act  to establish the facts and prove your pleadings in the divorce case.

Yes those recordings are useful, go ahead with the case.

Yes she can file false 498A . 

you can proceed divorce as per shariah law. 

Talaq allows a Muslim man to legally divorce his wife through Talaq e ehshaan proceedings. 

first issue a lawyer to her and ask her to come back within 15 days. 

 .

yes call recording are admissible in court. 

You can file for divorce on grounds of mental cruelty.

Wife attaching you, abusing you passing adverse comments and threats of suicide amounts to mental cruelty.

Next time you record all the abuses of your wife and her father and use them to support your case.

1) Since she already withdrawn the earlier case the chances of filing 498-A are bleak, but she may false false case.

2) Yes you can.

3) Use all the evidences you have to support your case.

Reply to your second post:

Best evidence you have.

You use them to support your case for Divorce.

Yes they can be used in your defense if any false case is filed by her and to support your Divorce case.

1. 498A filed by wife, once settled/quashed, can be filed again by her if there is a fresh cause of action.

2. You are free to file petition for dissolution of marriage on the ground of cruelty.

3. Audio/Video recordings can be led in evidence to prove commission of cruelty.

Yes these records are very useful in future litigation. Keep them safe.

1. Yes she can file 498A again against you and your family.

2. Yes you can file divorce.

3. If you have evidence of physical and mental cruelty by your wife then file divorce on these grounds and also take ground of adultery if you have proof that she have relationship with her boy friend even after marriage.