First of all don't give any money now. Attend the proceedings and engage a competent lawyer.
File for divorce if you do not want to live with her anymore.
498a and DV after ex-parte Divorce and nullity of marriage
I am an Indian citizen working on Indian passport on US work visa in US. My wife willfully left US in Sep 2020 and went back to her matrimony home. Now in Mar 2022 my wife and her family started extorting money in India by filling false 498a and DV against me and my father and my sister. Since I can not come back to India due to unavailability of Embassy slots, now are pushing for exparte divorce for payment of Rs 18 Lakh. Yesterday they have registered 498a FIR against father and sister. Does making me exparte in divorce guarantees that she will again not register FIR for 498a ? She has done that in past. Father paid Rs 7 Lakh via agreement in court at Police station but she again opened FIR yesterday. Q Does making me exparte in divorce or nullity in marriage guarantees that she will again not register FIR for 498a ?
Asked 3 years ago in Family Law
Religion: Hindu
Ask a question and receive multiple answers in one hour.
Lawyers are available now to answer your questions.
6 Answers
There is no guarantee that wife will not file false 498A case
even if exparte divorce granted to harass you she may file false cases
No divorce and criminal proceedings are different and are dealt with differently by court. I have gone through all your different questions here.
Dear Sir,
If you need any further assistance.You can approach me through Kaanoon or LinkedIn.
Grant of divorce does not amount to closure of criminal cases under Section 498A, DVC, DP Act, etc. All criminal cases will continue even after divorce ex parte or contested. You best option is fight out the cases on merit. FIR against parents and relatives can be quashed relying on guidelines issued by SC in Rajesh Sharma’s case in which the Court has directed that no FIR to be registered against old parents and relatives unless there is concrete proof against them and if they are not residing with complainant.
The offence under section 498A or dowry harassment is a continuous offence, hence until the marriage between you both is dissolved by a decree of divorce, she may give a fresh complaint on the basis of fresh offences (which she might even create falsify for the purpose of complaint).
However this is a criminal complaint and not a complaint to extort money therefore you may have to challenge the false cases on merits in the trial proceedings or even can file a quash petition once the police is submitting the charge sheet before the trial court to quash the charge sheet on the basis of the documentary evidences in your support and merits on your side.
The court even if it passes an exparte divorce order/decree, it canot pass an order for alimony until she applies for it separately and not in the divorce petition itself.
Dear Client,
In my opinion, after the divorce, she is no more your wife and she cannot maintain any complaint under section 498A, unless the exparte divorce is set aside. To set aside exparte order, she has to approach the same court.
