How to get 498A case dismissed since spouse did not appear in court?

Question

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

Answers (4)

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All Answers

Advocate Riti Sarkar LawRato · Accepted Answer · 2017-08-28T18:19:07+05:30

Answer #1

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 Adv. Riti Sarkar

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Advocate Ritupaban Gohain LawRato · Accepted Answer · 2017-08-29T11:58:37+05:30

Answer #2

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 Adv. Ritupaban Gohain

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Advocate A Sabur Tapader LawRato · Accepted Answer · 2017-08-29T17:47:20+05:30

Answer #3

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 Adv. A Sabur Tapader

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LawRato LawRato · Accepted Answer · 2017-09-01T14:11:53+05:30

Answer #4

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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