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If 498A is, what are next steps to proceed
16-May-2023 (In Divorce Law)
Query: My sister filed a case on her husband under section 498 A. FIR is filed. We have few questions on this: 1. Is it possible to withdraw the FIR incase the couple reaches a compromise? If she withdraws the FIR now, will she be able to file any case against her husband in future if he again harasses her for dowry? 2. If my sister files for maintanence of her infant child, will there be any delay in the divorce? Will there be any other problems? 3. If her husband is found guilty, will divorce be granted for my sister? What will happen if he is found not guilty? What should be our next steps?
Dear Client,
It is possible to withdraw the FIR in case the couple reaches a compromise. She can file any case against her husband in future if he again harass her for dowry. Two are separate proceedings there is no delay in divorce. There will be no any other problem. If your sister`s husband found guilty and his defense is false divorce will be granted for your sister. If his case is correct and your sister`s case is false divorce will not be granted if the divorce petition is filed by you sister.
It is possible to withdraw the FIR in case the couple reaches a compromise. She can file any case against her husband in future if he again harass her for dowry. Two are separate proceedings there is no delay in divorce. There will be no any other problem. If your sister`s husband found guilty and his defense is false divorce will be granted for your sister. If his case is correct and your sister`s case is false divorce will not be granted if the divorce petition is filed by you sister.
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Adv. Sistla Rama Krishna
Vijayawada | 400+ Answers
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Can 498a be quashed after chargesheet?
It is possible to do so even after filing the Charge Sheet. It can be done even after the charge sheet has been filed in the trial court.
What happens after filing 498a?
The FIR is filed at the police station. A police officer is assigned to investigate, review the allegations, and prepare a chargesheet within 90 days after the FIR. Police normally take a lot longer than 90 days, and give many different reasons. 25 Mar 2023
Can bail be granted after charge sheet?
As can be seen from Section (3), Justice Tiwari concluded that anticipatory bond can still be granted even after the filing of a charge-sheet. The law has also been established that the filing of a charge-sheet does not affect the continuation of anticipatory bonds, if they are granted.
What is the action after chargesheet?
First, a summons should be issued after the complaint/charge sheet is filed and the matter has been taken into consideration. Appearance through a lawyer must be allowed. Then, a bailable warrant will be issued and then a non-bailable one in the event of non-appearance. 2 Jun 2023
HI
1) Yes. Your sister can withdraw the FIR in case the couple reach a compromise by filing a 482 petition at High court.
2) Yes. your sister can file a case again as withdrawal of complaint is only to ensure the continuity of marriage, but the offence still continues.
3) Maintenance and Divorce are 2 different proceedings. So maintenance does not hamper divorce proceedings. Actually you should file for maintenance when the divorce proceedings are pending in the court.
4) 498A and divorce are different proceedings. if a person is found guilty under 498a, he goes to jail. but your sister and her husband still need to attend courts to get divorce. being found guilty under 498a does not majorly influence the outcome in divorce but to a certain extent(say less than 10%).
5) In general, it is a fact that the dowry has been given to the boy and unless and until your sister or your family members refrain from providing evidence in court, the offender's will be punished.
1) Yes. Your sister can withdraw the FIR in case the couple reach a compromise by filing a 482 petition at High court.
2) Yes. your sister can file a case again as withdrawal of complaint is only to ensure the continuity of marriage, but the offence still continues.
3) Maintenance and Divorce are 2 different proceedings. So maintenance does not hamper divorce proceedings. Actually you should file for maintenance when the divorce proceedings are pending in the court.
4) 498A and divorce are different proceedings. if a person is found guilty under 498a, he goes to jail. but your sister and her husband still need to attend courts to get divorce. being found guilty under 498a does not majorly influence the outcome in divorce but to a certain extent(say less than 10%).
5) In general, it is a fact that the dowry has been given to the boy and unless and until your sister or your family members refrain from providing evidence in court, the offender's will be punished.
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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Hello,
My answers to your questions:
Question 1: Is it possible to withdraw the FIR in case the couple reaches a compromise? If she withdraws the FIR now, will she be able to file any case against her husband in future if he again harasses her for dowry?
Answer: Yes. it is possible to withdraw the FIR in case the couple reaches compromise. Advise your sister to file quash petition for quashing of 498A in High Court under section 482 of Cr.P.C. in which both your sister and brother-in-law need to file joint petition of compromise and then on the written consent of your sister, the High Court will quash the case. However, I have slight doubt about the High Court allowing for quashing of 498a before submission of the charge sheet by the police. My advise is to wait till the charge sheet is filed by the police and then approach High court. Your sister can file for case of domestic violence and even 498A in future. There is no bar for filing cases.
Question 2: If my sister files for maintanence of her infant child, will there be any delay in the divorce? Will there be any other problems?
Answer: There is no connection between filing for maintenance for infant child and delay in the divorce. Your query is not completely clear to render proper advice.
Question 3: If her husband is found guilty, will divorce be granted for my sister?
Answer: In what case if your sister's husband is found guilty? Please be specific about the case you are referring to. Your query is not clear.
My answers to your questions:
Question 1: Is it possible to withdraw the FIR in case the couple reaches a compromise? If she withdraws the FIR now, will she be able to file any case against her husband in future if he again harasses her for dowry?
Answer: Yes. it is possible to withdraw the FIR in case the couple reaches compromise. Advise your sister to file quash petition for quashing of 498A in High Court under section 482 of Cr.P.C. in which both your sister and brother-in-law need to file joint petition of compromise and then on the written consent of your sister, the High Court will quash the case. However, I have slight doubt about the High Court allowing for quashing of 498a before submission of the charge sheet by the police. My advise is to wait till the charge sheet is filed by the police and then approach High court. Your sister can file for case of domestic violence and even 498A in future. There is no bar for filing cases.
Question 2: If my sister files for maintanence of her infant child, will there be any delay in the divorce? Will there be any other problems?
Answer: There is no connection between filing for maintenance for infant child and delay in the divorce. Your query is not completely clear to render proper advice.
Question 3: If her husband is found guilty, will divorce be granted for my sister?
Answer: In what case if your sister's husband is found guilty? Please be specific about the case you are referring to. Your query is not clear.
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Adv. B. Srikiran
Hyderabad | 500+ Answers
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Hi,
1) Yes you can withdraw the 498A case if both the parties are to compromise? She can file in future if he harasses again
2) Maintenance is different thing irrespective of she live with husband or not she can claim maintenance , divorce is another thing for which will be not a hurdle.
3) Husband guilty of what has to be proved if you are able to proved then only court will give divorce or if it is against you then you have to file before the appellant court.
For further you can call through the website.
1) Yes you can withdraw the 498A case if both the parties are to compromise? She can file in future if he harasses again
2) Maintenance is different thing irrespective of she live with husband or not she can claim maintenance , divorce is another thing for which will be not a hurdle.
3) Husband guilty of what has to be proved if you are able to proved then only court will give divorce or if it is against you then you have to file before the appellant court.
For further you can call through the website.
Helpful?
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Adv. Mohammed Abdul Quadeer
Hyderabad | 400+ Answers
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You sister can file another case again if her husband harasses her for dowry. divorce and maintenance proceedings are independent in nature. initially in maintenance case you can ask for interim maintenance and get the appropriate interim orders from the court. yes, if her husband is found guilty and your sister can be granted divorce. if he is not found guilty the divorce proceedings will be dismissed. then your sister has to appeal before the appellate court.
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Adv. Dwara Pallavi
Hyderabad | 200+ Answers
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