• 498a

Dear Sir/Madam,

 Am working in Railway Deapartment from 5 years. Now my wife has put a 498A false case and made FIR also. We got antipicitory Bail. Now my question is if any suspension or termination from job please suggest.
Asked 28 days ago in Family Law
Religion: Hindu

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22 Answers

Hi, question of suspension or termination of your does not arise, till it is proved before the Court. Don't Worry contest the case.

Pradeep Bharathipura
Advocate, Bangalore
4698 Answers
244 Consultations

4.5 on 5.0

No worries about your suspension or termination from job because of your Anticipatory Bail application granted. 

You may file divorce case on any of  13 grounds as per law but not based on 498 a .

Ramesh Pandey
Advocate, Mumbai
2538 Answers
8 Consultations

5.0 on 5.0

If you would have arrested and kept in custody for 48hrs than may have faced suspension.

You can apply for divorce if police or court found allegations false. 

 

Yogendra Singh Rajawat
Advocate, Jaipur
21402 Answers
31 Consultations

4.4 on 5.0

You are at liberty to file for divorce on grounds of mental cruelty 

 

2) contact a local lawyer 

Ajay Sethi
Advocate, Mumbai
79294 Answers
4742 Consultations

5.0 on 5.0

You woukd not be suspended or terminated from job merely because false 498 A case has been filed against you 

Ajay Sethi
Advocate, Mumbai
79294 Answers
4742 Consultations

5.0 on 5.0

No suspension / termination on mere filing  of FIR.

As you have already obtained Bail, you need to go for quash of the said FIR.

 

 

S Srinivasa Prasad
Advocate, Hyderabad
2862 Answers
9 Consultations

5.0 on 5.0

Yes, there are chances for you to file divorce base on false allegations made by her in 498A case.

Further, before going to file for Divorce, make sure you have concrete proofs to support your case viz., audio, video, SMS, Whatsapp chat, email etc., to prove your case.

S Srinivasa Prasad
Advocate, Hyderabad
2862 Answers
9 Consultations

5.0 on 5.0

1. you need no worry about the termination,

2. if you want to terminate the matrimonial knot, then, try to settle the matter amicably with your wife involving elders/relatives/friends etc and go for #Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,

don't forget to draft a# memorandum of understanding before approaching #Mutual Divorce, which is the most essential and important part of a #Divorce case to avoid/reduce future #legal complications,

some basic points to keep in mind and put in writing through an #MOU before filing the petition for #mutual consent divorce are #custody of kids, #distribution of assets (movable/immovable), quash/withdraw of #pending litigation if any, #Maintenance (present/future), #Alimony, mode and time of making the payment, streedhan, future litigation, etc.

if failed, you can file #contested divorce on the grounds of #mental cruelty but it will take around 3-5 years,

so try to settle her for a MCD

Suneel Moudgil
Advocate, Panipat
2330 Answers
3 Consultations

4.7 on 5.0

If you get conviction you may get terminated

Prashant Nayak
Advocate, Mumbai
22417 Answers
49 Consultations

4.4 on 5.0

Merely because of 498A case is filed against you there is no scope fr your suspension , east the question if dismissal from service arises.

Such question arise when you are arrested and put behind bars for more than 48 hours ir you get convicted.'

If there are instances of mental cruelty you are free to file divorce suit .

Devajyoti Barman
Advocate, Kolkata
21680 Answers
311 Consultations

5.0 on 5.0

Since you have not been arrested and remanded to jail for more that 24 hours, the department shall not suspend your services.

If you are convicted and  sentenced to undergo imprisonment then only the department may take action to terminate your services for this reason.

You need not be worried about it so soon.

Many changes will take place before the disposal of the case.

 

T Kalaiselvan
Advocate, Vellore
69328 Answers
929 Consultations

5.0 on 5.0

If you want to file divorce case you are at your liberty to do so, you can file a contested divorce case on the grounds of cruelty.

The 498a criminal case has nothing to do with the proposed divorce case.

 

T Kalaiselvan
Advocate, Vellore
69328 Answers
929 Consultations

5.0 on 5.0

You may be suspended from the job for sometime and if you are convicted in case than you will be terminated and if you are acquitted from the case than you will surely continue your job

Rahul Jatain
Advocate, Rohtak
5364 Answers
4 Consultations

4.8 on 5.0

No u will not be terminated

Roshan Khatri
Advocate, LUCKNOW
138 Answers

Not rated

No that is not possible unless there is a conviction. File a petition for quashing the charge sheet.

Rahul Mishra
Advocate, Lucknow
11560 Answers
20 Consultations

5.0 on 5.0

Yes you can file a divorce petition on grounds of cruelty and abuse.

Rahul Mishra
Advocate, Lucknow
11560 Answers
20 Consultations

5.0 on 5.0

Dear Sir,

It being a family related case normally the Department cannot take cognizance of the same and suspend you. They have to initiate domestic enquiry if you are suspended on such ground, in such cases you have to approach High Court and get quash such initiation of domestic enquiry and/or suspension order or any such show cause notice issued to you. Unless there is a conviction order your department cannot suspend you or initiate any departmental enquiry on the basis of mere FIR or charge sheet.  

Kishan Dutt Kalaskar
Advocate, Bangalore
5583 Answers
218 Consultations

4.8 on 5.0

A person is deemed to be not guilty and innocent until and unless the person/Accused is convicted by law of the land.. 

Mohammed Mujeeb
Advocate, Hyderabad
18935 Answers
11 Consultations

4.5 on 5.0

yes, Divorce can be filed in on the grounds under Section 13 of the Hindu Marriage Act

Mohammed Mujeeb
Advocate, Hyderabad
18935 Answers
11 Consultations

4.5 on 5.0

Dear Sir/Madam,

You are suggested to go for the quashing or strongly contest of the case. Also, go for the divorce case under the grounds of cruelty. There is no suspension etc. for ongoing case. 

Ganesh Singh
Advocate, New Delhi
6512 Answers
13 Consultations

4.5 on 5.0

You will not be suspended from job because you never went into police or judicial custody.

 

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

- No. only on the ground of lodging an FIR under section 498 A , your service cannot be effected legally. 

- You should contest the said case after submitting the evidences against your wife's case , and for acquittal in the said case. 

- Until you have a valid ground for divorce , you should not file a divorce petition . 

Mohammed Shahzad
Advocate, Delhi
5531 Answers
51 Consultations

5.0 on 5.0

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