Advocate Kiran Ashok Gangurde

Questions Answered by Advocate Kiran Ashok Gangurde (100+ answers)

Q: Wife filed 498A on husband and Family Members

My wife has filed 498A on me, mother and my 2 younger sisters. My younger sister stays out of country with her husband and kids. Chargesheet has been filed. Pls advice how to take bail for her or how to get her out of this case as she can not come to India.

Advocate Kiran Ashok Gangurde answered
Section 498A IPC is a cognizable and non-bailable offence, but courts have repeatedly held that distant relatives living separately cannot be mechanically arrested. Since the chargesheet has been filed and your younger sister is residing abroad with her family, the following legal remedies are available:Anticipatory Bail / Regular Bail:If no arrest has yet been made, an application for anticipatory bail can be filed on her behalf through counsel, explaining her permanent residence abroad and lack of involvement. If summons are issued, regular bail can be sought through her advocate by seeking exemption from personal appearance.Exemption from Appearance:Under Section 205 CrPC, the court may exempt her from personal appearance and permit representation through an advocate, considering her residence outside India.Quashing of Proceedings:A petition under Section 482 CrPC may be filed before the High Court seeking quashing of proceedings against her on the ground of false implication, absence of specific allegations, and separate residence.No Coercive Steps:An interim protection application can be moved seeking directions that no coercive action be taken against her.

Q: Restitution Of Conjugal Rights Process And fees

My wife has filed a 498A case against me and have not taken her home when she came from her mother's home as she has mentally harassed us lot during her stay at home before just because we asked he to forget about her past relationship and start new with me. So my lawyer suggested to file a restitution case as it will be beneficial for maintenance and divorce proceedings further. So wanted to know the process and fees in doing so.

Advocate Kiran Ashok Gangurde answered
Since your wife has filed a case under Section 498A IPC, your lawyer’s advice to file a petition for Restitution of Conjugal Rights (RCR) under Section 9 of the Hindu Marriage Act, 1955 is legally sound. It shows your willingness to resume marital life and can help in contesting maintenance and strengthening your stand in future divorce proceedings.Process:An RCR petition is filed before the Family Court having jurisdiction over the place of marriage or where the wife last resided with you. The petition states that your wife has withdrawn from your society without reasonable cause and you are ready to keep her with dignity and safety. After filing, court issues notice to the wife, followed by counseling/mediation and then hearings.Fees:Court fee is nominal (usually ₹100–₹500, varies by state). Advocate fees typically range from ₹5,000 to ₹25,000, depending on city, experience of lawyer, and number of hearings.Please note, RCR does not cancel the 498A case, but it supports your intent to reconcile and may be considered in maintenance and divorce matters. You should proceed as early as possible and maintain proof of your willingness to cohabit.

Q: Blackmailed by Married gf after my married

I was relationship with girl last 8 years. she is now married last 6 years. after her married we meet to each other. now last years i have married someone else. i don't want any contact with her but she is blackmailing me and threats me to stay with her but i didn't want. she forcefully married with me a within a temple and do court paper related to this without my information. what should i do?

Advocate Kiran Ashok Gangurde answered
From the facts stated by you, the alleged acts of the woman are serious and legally actionable. Firstly, any so-called marriage performed forcibly, without your free consent, and especially when both parties were already married, is void ab initio under the Hindu Marriage Act, 1955. Such a marriage has no legal validity. Further, preparation or filing of any court documents without your knowledge, consent, or signature amounts to forgery and fraud, which are punishable offences.Her acts of blackmailing and threatening you to continue a relationship attract offences of criminal intimidation and extortion under the Bharatiya Nyaya Sanhita (earlier IPC). You should immediately preserve all evidence such as messages, call recordings, photographs, or documents used for blackmail.You are advised to take the following steps:File a written police complaint for blackmail, criminal intimidation, and forgery.Through an advocate, issue a legal notice clearly denying any marriage and demanding cessation of harassment.If any false case or application is filed, approach the appropriate court for quashing or dismissal with supporting proof.Seek anticipatory bail if there is apprehension of false criminal proceedings.Maintain strict no-contact and communicate only through your advocate.

Q: 498A,504,506,34 filed by wife can I file restitution of conjugal right

Due to wife constantly harassing me and family at home mentally by her we after suggestion with lawyer informed her when she came back from her home to not get in and we will decide through court and after sometime lawyer sent mutual divorce petition to her and after that she filed 498A.Can I now sent her notice for restitution of conjugal right

Advocate Kiran Ashok Gangurde answered
.Yes, in law, you are entitled to issue a notice and file a petition for Restitution of Conjugal Rights (RCR) under Section 9 of the Hindu Marriage Act, even though the wife has filed a case under Sections 498A, 504, 506 IPC.However, certain legal aspects must be clearly understood:Since you had earlier restricted her entry and expressed intention to resolve the dispute through court, the wife may allege desertion or cruelty in response to an RCR petition.Filing RCR after 498A is not barred, but courts closely examine whether the petition is bona fide or filed only as a defensive or counter-blast.If you can show that:You are willing to cohabit peacefullyThere is no intention to harassYou approached RCR to save the marriage,then the petition is legally maintainable.Practically, once criminal proceedings and divorce talks have begun, courts often encourage mediation rather than enforcing cohabitation.Therefore, RCR can be filed, but its strategic impact must be assessed carefully, as it may affect both the 498A case and future divorce proceedings.

Q: 498A,504,506,34 filed by wife can I quash the case in high court

498A,504,506,34 filed by wife and 1st hearing is in court in Feb 2026 so can I appeal in court to quash the FIR and if the wife does not appear in court and gives her say will the quashing still be possible and is the girls say final to decide the case.And only oral accuses mentioned in chargesheet and in evidence family members name is only mentioned and whole accuses in on my dad only

Advocate Kiran Ashok Gangurde answered
Yes, you may file a petition before the Hon’ble High Court under Section 482 CrPC / Section 528 BNSS for quashing of FIR and proceedings even before or after the first hearing in February 2026, provided valid legal grounds exist.Quashing does not depend solely on the wife’s appearance before the trial court. If the wife does not appear or does not support the allegations, it can strengthen your case, but quashing is decided on legal merits, not merely absence.The wife’s statement is not final. The court considers the entire material—FIR, charge-sheet, statements, medical/legal evidence, and whether allegations disclose ingredients of Sections 498A, 504, 506, 34 IPC.If the charge-sheet contains only oral allegations, no independent evidence, contradictions, or vague/general allegations against family members, and if the role is improperly fastened mainly on your father, the High Court may quash proceedings against some or all accused.Courts are cautious in 498A cases and will quash where the case appears malafide, exaggerated, or an abuse of process of law.Each case depends on facts; documents must be examined before filing.