You can apply for anticipatory bail only after FIR is filed
Ongoing divorce dispute – how to protect my family from possible false 498A from ex-wife?
Hi, I'm currently dealing with a long-standing divorce case filed by my ex-wife in her home state. Despite attempts to settle, she's become increasingly aggressive and is now indirectly threatening to file new cases, possibly under 498A, against me and my family who had minimal interaction with her. We live in a different state and have already been attending court proceedings for over 2 years. What legal steps can I take in advance to protect myself and my family from potential false criminal charges?
Asked 15 days ago in Family Law
Religion: Hindu
15 Answers
1. There is protection against false cases.
2. If there is no reason exits behind filing this 498A case, then even if it is filed there is nothing more to fear about.
3. On the basis of events so far occurred bail can easily be granted if such case is filed.
Already DV case and divorce case filed for alimony. She is not happy with the settlement amount now. one joint property is there for which I am only paying all EMIs, I want her NOC for registration. So she is playing hard ball. What can be done in this case ?
Asked 15 days ago
To protect from false 498A:
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File Anticipatory Bail – For yourself and family under CrPC §438.
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Pre-emptive Police Complaint – Submit to local police/women’s cell mentioning threats.
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Keep Evidence – Save chats, calls, messages showing blackmail or pressure.
For property issue:
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If she's co-owner but not paying EMIs, file a civil suit or negotiate through divorce settlement to get her NOC.
Let me know if you need draft formats for the complaint or bail!
If full payment is made by you then you can file declaratory suit that you are absolute owner of the property
She has given some amount of down payment which is less than 5% of the property value.EMI tenor is 20+ years.
Asked 15 days ago
Return the money given by wife
- You can show her education and income at the time of fixing the alimony /maintenance amount
- You parents can give a complaint before the police and higher official against harassment of daughter-in-law, and therein mention that she is threatening to implicate them in false cases of dowry demand
- Further , if you have paid the entire amount for the purchase of the said property then you can become the single owner of the said property after filing a suit before the Court.
I returned her money and sent an email to her for the same. The house registration is pending. And the EMI is still on . When can I file the Declarative suit ? after the divorce or before the divorce ?please give some winning direction . Thanks
Asked 15 days ago
You can file declaratory suit now that you are absolute owner of flat as full consideration has been paid by you
You can take precautionary ,measures agaisnt the criminal cases only when a case is filed and not before that, hence you ,may wait for her to lodge any complaint with the police after which you can file an application seeking anticipatory bail for you and entire people accused in the complaint.
You can stop paying the EMIs and delay the process of registration of the property, this no doubt will hamper the process of procuring an immovable asset, but when you are pushed to bear for the costs individually while the property will be on joint names, you may better decide not to go ahead with the purchase of the property or you can look for a prospective buyer on the basis of tripartite agreement and dispose the property, if she is the joint purchaser in the sale agreement, then it would inevitable that you have to obtain NOC from her for processing this step.
If the property is yet to be registered on your names, then you can decide about not wasting any more money on EMI loan repayments. Otherwise you cn file a suit for declaration to declare the title to your name on the basis of evidence in your possession.
If you have evidence to prove that you have returned the amount given by her towards purchase of the property then you can file a suit for declaration now also even though the divorce and other cases are pending .
Can You File Declaratory Suit Before Divorce?
Yes, absolutely. You can and should file it now, there’s no need to wait for divorce to finish.
What to File: Declaratory Civil Suit
Ask the court to:
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Declare you as sole owner, since you paid all EMIs.
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Confirm she has no beneficial interest, as you refunded her contribution.
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Injunct her from interfering with registration.
Why You’ll Win:
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Her share was <5%, already refunded (you have proof).
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You pay 100% EMIs, and she made no ongoing contribution.
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She’s misusing her name to extract more in settlement.
You can’t protect someone. You can only contest the case filed by your wife and go for quashing in HC if it’s false and non maintainable
- Since, the house registration is pending then before it you can get direction from the Court
- Hence, you can file the Declaration suit before the registration of the property
You can contact me, if further suggestion needed.
Filing of any suit for declaration will give her handle to appear in the suit and matter will drag for years. Keep all contacts with her to minimum. There is no vaccine against preventing any criminal complaints. Courts of are open for all. Ultimately, her cases may be thrown out to Court, but that is only after trial.
