• Filing of 498A and 506 Crpc by daughter-in-law

My daughter-in-law filed 498A and 506 case against her husband(A1) my self(A2), my wife (A3) and my younger son(A4) in Vizag(AP) on Nov 20 after 11 years of marriage. She never stayed atleast 3 months at in-laws residence at Hyderabad. Remaining period she was with her husband in Vizag. We have taken anticipatory bail for (4) in Jan 21.FIR and charge sheet sent by airport police station Vizag to District Mahila court Vizag. First hearing of the case fixed for Apr 22. No summons received so far. In this situation what to be done to get out of the case.
Asked 3 days ago in Family Law
Religion: Hindu

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9 Answers

You can file a case for quashing of the charge sheet if no credible evidence is against you in the charge sheet. 

regards

Anilesh Tewari
Advocate, New Delhi
17877 Answers
349 Consultations

5.0 on 5.0

In Rajesh v. State of u.p. the Supreme Court  has given categorical directions to police not to harass parents of husband unless there is strong and valid proof against them. She has no case against in laws as she did not stayed with them. So far as case against husband is concerned, he has to contest the case by engaging a senior lawyer. As case is filed after eleven years of marriage the case is inherently weak.


All of your can as well seek quash of FIR in High Court, the case being filed after eleven years. FIR against in laws will certainly be cancelled, can even be quashed against husband.

Ravi Shinde
Advocate, Hyderabad
1654 Answers
21 Consultations

5.0 on 5.0

Quashing is to be done only in exceptional circumstances 

 

better option is to file for discharge before trial court 

Ajay Sethi
Advocate, Mumbai
85546 Answers
5730 Consultations

5.0 on 5.0

 

Your son can file for divorce on grounds of mental cruelty

 

 

 

wife abusing husband amounts to mental cruelty 

 

wife filing false cases against husband amounts to mental cruelty 

Ajay Sethi
Advocate, Mumbai
85546 Answers
5730 Consultations

5.0 on 5.0

Yes if its quashed it's closed. Cruelty is good ground. It may take some time. 

Prashant Nayak
Advocate, Mumbai
25386 Answers
65 Consultations

4.4 on 5.0

Since the police have already submitted the charge sheet to the trial court, you will get notice from the court through the concerned police to attend the hearing.

As  the date of hearing is on April, you may wait for the summons to reach you, it is too long now for taking any urgent decision on it.

You may be in touch with your lawyer on this.

 

 

T Kalaiselvan
Advocate, Vellore
75676 Answers
1313 Consultations

5.0 on 5.0

If the quash petition has already been filed before high court then you my  have to wait for the decision by the high court.

your son can file a divorce case even now without waiting for the results of the quash petition.

 

T Kalaiselvan
Advocate, Vellore
75676 Answers
1313 Consultations

5.0 on 5.0

Dear Client,

You can file a petition under section 482 for quashing of the FIR. If the HC believes that quashing of FIR will serve the ends of justice it shall do the same. After the FIR is quashed you can file for divorce in the concerned family court on grounds of cruelty. But proving the same will require strong evidence.

Thank you

Anik Miu
Advocate, Bangalore
3311 Answers
34 Consultations

4.9 on 5.0

As per Supreme Court judgment, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter. 

- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.

- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.

- Since, she was not living in the matrimonial home ,and with in-laws, then the case against other family members can be quashed/cancelled after filing a petition before the high court or at the time of framing of charge 

- Further, your wife being a lady can file a compliant under the provision of DV Act against her daughter in law for harassment and to make her a party in that case. 

- Further, you said son can file divorce petition on the ground of cruelty and other above mentioned grounds . 

 

You can contact me , if further suggestion needed. 

Mohammed Shahzad
Advocate, Delhi
8791 Answers
94 Consultations

5.0 on 5.0

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