I got married in April 2016. It's a second marriage for the both of us and she has a kid from her first marriage. I have no kids. Immediately after marriage my wife started demanding that i set up a separate family. My mother is a widow with BP, Sugar and Knee Pain Issues(replacement surgery done). I did not agree so she had an argument and she left my place in July. After this we had 3 meetings with Elders but the situation only got worse as she started making false allegations and instigating relatives with lies. She started to threaten to file a 498 if i did not agree. So i consulted a lawyer and upon his suggestion filed a Restitution of Conjugal Rights case in the family court and the summons were served. She then filed a 498a on my 2 brothers(one is married and does not stay with us), my married sister & Jiju(who also stay separately) in her local PS. Me and my mother went for counselling where she demanded a share in my house, which is in my name. The CI too prompted me to go for settlement if i was not interested in continuing the relation. My question is - Can i get a squash order from HC and get relief from 498a until the issue in the family court is resolved,
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1) under no circumstances agree th give share in your house
2) if any FIR is filed obtain anticipatory bail from sessions court
3) wait for charge sheet to be filed
4) then based on legal advice file for quashing in HC
5) please note that quashing is to be done in exceptional circumstances
1. You can move the HC for the quashing of any FIR but it has to be an well planned and thought out decision and not a rash one. The prospects of FIR quashing can be ascertained only after a threadbare perusal of FIR. Remember that the HC quashes the FIR in very exceptional cases.
2. Emphasize on AB at this stage.
Well, quashing is an exception and not a rule.
Quashing is rarely allowed and quashing is not even admitted in high court if the FIR prima facie discloses commission of offence.
However do not lose heart. There is nothing monstrous about 498A case.
Let it be registered as you or your family members would not face any difficulty to get bail and once bail is granted nothing remains in suchc ase.
But do not surrender before such threat.
yes, file anticipatory bail before session court or high court u/s 438 of Cr.P.C. or file a quashing petition before high court under section 482 of Cr.P.C.
file a divorce based on cruelty after completion of 1 year of marriage.
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1. Filing of RCR case is of no use. It wastes money and time but yields no result. Even if the order in the RCR case goes in your favour after 3/4 years and she is directed to join you, she may chose not to carry out the order for which she will not be punished. You will get divorce after you file the divorce suit thereafter and prove that she has refused to obey the Court order and has refused to join you.
2. As per recent Supreme court Judgement, if wife puts pressure on the husband to leave his ole parents, then such act of the wife will be treated as an act of cruelty and will be considered as a ground for seeking a decree of divorce.
3. So, file a divorce suit immediately on the ground of cruelty by producing the evidence in support of your allegation.
4. Meantime, avail AB from the Sessions Court for all the accused and contest the 498A case fittingly.
5. After charge sheet is filed by the police in this matter, file a petition before the High court for quashing the FIR duly finding out the loopholes in the said charge sheet.
Hi
1) Yes. you can get "Not to arrest order" from High court in case the 498A is filed against you.
2) The fact that it is a case of second marriage for both of you is good grounds for countering 498A.
3) High courts normally do not give Quashing orders, but depending on merits of the case, we can get you the NOT TO ARREST order from High court at Hyderabad.
Hope this information is useful
First of all you get enlarged on anticipatory bail and then wait for the police to file charge sheet before court.
Once it is filed, yo may file a petition under section 482 cr.p.c. before high court seeking to quash he false case an charge sheet.
Thank you all for your advice.... I have one more question ... My wife did not lodge any complaint in the PS.. it was just an attempt to get money out of me... she has not filed a maintenance case .. Am i liable to pay her? She just stayed with me for 55 days? I have no intention of living with her.. She squeezed money and land out of the first husband and wanted to do the same with me.Also is it mandatory to wait for 1 year to file for divorce? Can i withdraw my RCR case and file for divorce immediately.
1) you can with draw your RCR case and file for divorce
2) only in exceptional circumstances can you file for divorce before completion of one year of marriage
3)if wife is not working you are liable to maintain her
1. Now you lodge a police complaint against her alleging that she is blackmailing you by threatening that she will file 498A complaint inless her illegal demand is met by you.
2. She is entitled to he maintenance from her husband if she is not adequately employed to maintain herself irrespective of the fact that she stayed with her husband for 550 days only. the amount of maintenance amount awarded by the Court is not proportional to the number of years the wife stayed with her husband.
3. Divorce suit can be filed after completion of one year of marriage which you shall be completing after around just i month.
4. It will be prudent on your part to withdraw your RCR case and file a divorce suit against her on te ground of cruelty duly submitting evidence in support of your allegation.