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How to get 498A case dismissed since spouse did not appear in court?
28-Aug-2023 (In Criminal Law)
Dear sir, my wife has filled a 498A case on me in 2015 but till now she did not appeared in court hearing. Also she got married with another person in the year 2016. Please sir help me to get rid of from this case and to get divorce. My religion is Hindu
it is very sad to hear I think your you have been victimised of criminal conspiracy .there seems to be to many lacunae in the case .....you are advised to meet lawyer to pursue your case...
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Adv. Riti Sarkar
Guwahati | 25+ Answers
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What happens if 498A is not proved?
A counter case can be filed under section 500 IPC to defame the reputation of the wife and her family. If the husband becomes aware that his wife is criminally conspiring to harm him and his family, he may file a complaint under section 120B of the IPC.
How can I protect myself from false 498A?
How can you protect against 498A? The husband who is falsely accused under Section 498a may file a countersuit under different sections of law. The answer may vary depending on the circumstances and factors involved. For example, he may file a defamation counter suit under section 500 Indian Penal Code. 18-Oct-2023
Can 498A case run after divorce?
AHMEDABAD - The Gujarat High Court ruled on Friday that a woman could file a complaint for cruelty under Section 498A (IPC) only if the incident occurred during the marriage. 20-Aug-2023
What is the limitation period for 498A?
According to CrPC Section 468, the time limit for filing a Form 498A is 3 years after the last event claimed. 20-Dec-2022
If you provide me your case details then I advice you what to do .. If she married then you have to prove it. You can file divorce petition before Competent court ... If she don't came to court then you get ex-prty dcree
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Adv. Ritupaban Gohain
Guwahati | 25+ Answers
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two options: 1st to get bail giving this proof of Marriage and then 482 application for quashing. Here u have to see the whether any complaint case was lodged, any DV case and maintenance case is pending. If not then it is a fit case for 482 application. For that u have approach High Court only.
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Adv. A Sabur Tapader
Guwahati | 25+ Answers
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Make a prayer to the magistrate to get your case investigated by Family Welfare Committee as per new Supreme Court Guidelines. Also you can pray to quash the complaint case if no FIR is filed by your wife on the ground that complainant is itself absent from the false proceeding which she had initiated and claim compensation and damages.
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