Hi, question of suspension or termination of your does not arise, till it is proved before the Court. Don't Worry contest the case.
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.
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Any possibilities to file divorce case against 498A.
Hi, question of suspension or termination of your does not arise, till it is proved before the Court. Don't Worry contest the case.
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 .
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.
You woukd not be suspended or terminated from job merely because false 498 A case has been filed against you
No suspension / termination on mere filing of FIR.
As you have already obtained Bail, you need to go for quash of the said FIR.
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.
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
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 .
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.
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.
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
No that is not possible unless there is a conviction. File a petition for quashing the charge sheet.
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.
A person is deemed to be not guilty and innocent until and unless the person/Accused is convicted by law of the land..
yes, Divorce can be filed in on the grounds under Section 13 of the Hindu Marriage Act
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.
- 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 .