• 498A, Divorce

I had Arrange marriage May 2011
First 11 odd months we stayed with my Mother and brother  at my mother's house 
Due to loud behaviour and harrasement by wife to mother , i shifted with my wife to rented house in  june 2012 
We lived just for 1 month and wife left me july 2012 saying if you want me back ..then sell ur mother's house take our share and get new one for us.
I declined as i dont have right over my mothers property 
My mother is widow 
I Put RCR in oct 2012 to bring back my wife
In return My wife put DV on me,brother and mother in April 2013 
For RCR ...counselling report got negative 
In April 2013 i lost d job due to harrasement by wife August 2013 i got job in gulf and shifted to Gulf 
In April 2014 i withdraw RCR after 2 odd years as relationship got worsen with wife 
Immidiately April 2014 ( last month ) wife put 498A,34,420 on me,mother and brother 
Now what shall i do 
What shall my mother and brother do
My mother already suffered Heart Fail this Jan...we have medical reports 
If i need to return ? 
Can i handle 498A from here as m afraid if court detain my passport i may loose the job 
I want to file divorce ....my wife will definately challange it ....so no possibility of mutual consent divorce ...
Asked 2 years ago in Family Law from Mumbai, Maharashtra
Religion: Hindu
1. You should not have withdrawn RCR in the first place.

2. Since your wife has filed the complaint for dowry harassment against you, your mother and brother all of you are at the risk of being arrested by police. The immediate sword of arrest is hanging over the head of your mother and brother as they are in India, whereas it may take some time before you are proceeded against in accordance with law as you are out of India. All of you should immediately engage a lawyer and apply for bail to the court to obviate the likelihood of your arrest. You may also be arrested from Gulf through the Indian High Commission therein. 

3. You may file for divorce at any time, albeit your priority at this stage should be to secure bail for yourself and your family members.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1) what has happened in DV case filed by your wife? 

2) since your wife has filed 498A case apply for anticipatory bail for yourself , your mother and brother 

3) if you want AB you will have to come to India. 

4) you can file for divorce if you so desire  on grounds of mental cruelty . 98%of 498A cases are false .
Ajay Sethi
Advocate, Mumbai
23339 Answers
1220 Consultations
5.0 on 5.0
1) you can change your lawyer if you so desire

2) your mother will get anticipatory Bail . after filing of FIR move sessions court and get AB . 

3) you will have to seek court permission for going abroad . it may take some time
Ajay Sethi
Advocate, Mumbai
23339 Answers
1220 Consultations
5.0 on 5.0
1) 498A case has to be fought on merits . 

2) dont go  in  for quashing  as on date .
Ajay Sethi
Advocate, Mumbai
23339 Answers
1220 Consultations
5.0 on 5.0
1. DV and 498a cases have to be fought on merits.

2. You and your mother should apply for bail as FIR has been lodged. 

3. Without court permission it will not be possible for you to go abroad. If you do not appear in court then you may be arrested from gulf and brought to India. So do not evade court under any circumstances.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1. If you feel uncomfortable with your lawyer then you may change him. Seek a no-objection certificate from him so that you can appoint another lawyer. Do not go by the opinion of any one except your lawyer. Theory and practice of law is entirely different.

2. Do not apply for dismissal of the case. Fight it on merits. Whatever proofs you have of the falsity of the case should be submitted to court.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1. Yes, you better change the lawyer.
2. If you want you can file suit divorce even now. No difficulty.
3. Against 498A you can go to high court in quashing. Though its outcome is uncertain but cases do put lot of pressures upon the wife side.
Devajyoti Barman
Advocate, Kolkata
5244 Answers
54 Consultations
4.9 on 5.0
fight it on merits,quashing is not possible unless both the parties agree for that
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
1. Are you enlarged on bail. if yes, then forget about passport issue. The court even if ask you submit the passport initially , later vacate the order.
2. Do not think much unnecessarily. Your case is not so serious that you would loose job or would be detailed In India.
Devajyoti Barman
Advocate, Kolkata
5244 Answers
54 Consultations
4.9 on 5.0
i have already advised you telephonically . it is better to return and face the music . fight 498A on merits
Ajay Sethi
Advocate, Mumbai
23339 Answers
1220 Consultations
5.0 on 5.0
Court has the authority to place an embargo on your right to travel outside India during the pendency of the case. If such an order is passed it can be challenged by way of filing an appeal. This being said, the possibility of court doing this is very remote as you are not accused of murder or fraud.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0

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