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Query regarding 498A case against husband
26-Sep-2023 (In Criminal Law)
I have filed a case against my husband and his mother under section 498a,323,504,506,34 and the person's named in FIR are husband,mother in law and husband's lover with whom he is having extra marital affair.He has now moved high court for quashing of FIR and court has issued notice to sessions court to stay investigation for 12 weeks today. Our investigation was completed a month back before issue if this notice but chargesheet is yet to be filed.My query is 1).Will filing of chargesheet be hampered now due to issue of this notice by high court.Since the investigation has been completed,can the police go ahead and file chargesheet after issue of this notice? 2).Since my husband's lover has provoked my husband to harass me although she was not physically present.She used to ask him to threaten me to take divorce from him and she was staying with him.I wasn't staying with him at that time.Can any section be filed against her in chargesheet?
Based on the facts stated by you, following is my opinion:
What the High Court has done is that it has granted interim relief to your husband in the form of stay on filing of the charge sheet. Now, in this case unless and until the petition filed in the High Court is decided, the charge sheet cannot be filled. The end to the high court petition can be in two ways 1) that the FIR will be quashed and the case will get over there and then or 2) the petition filed by your husband will be dismissed and in which case the police can file the charge sheet and the case will proceed for trial.
As far as the involvement of the Other lady is concerned comma she cannot be roped in under section 498A since she is not a family member of your husband. However, you can still make those allegations against her if you file a divorce petition against your husband.
Before the petition is decided finally, the high court will issue you a notice and will give you an opportunity of being heard. That gives you appoint a good lawyer who can defend your side.
What the High Court has done is that it has granted interim relief to your husband in the form of stay on filing of the charge sheet. Now, in this case unless and until the petition filed in the High Court is decided, the charge sheet cannot be filled. The end to the high court petition can be in two ways 1) that the FIR will be quashed and the case will get over there and then or 2) the petition filed by your husband will be dismissed and in which case the police can file the charge sheet and the case will proceed for trial.
As far as the involvement of the Other lady is concerned comma she cannot be roped in under section 498A since she is not a family member of your husband. However, you can still make those allegations against her if you file a divorce petition against your husband.
Before the petition is decided finally, the high court will issue you a notice and will give you an opportunity of being heard. That gives you appoint a good lawyer who can defend your side.
Helpful?
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Dear Queriest, as per your query you have stated that Accused has been moved to the Hon'ble High Court for quashing of F.I.R. by which the Court has just stayed the investigation for 12 weeks, that means there must be some prayers for which the High Court has stayed the investigation, need to go through the Order and can further say what measures can be taken. Yes it is correct that till date no chargesheet can be filed in the Lower court.
Helpful?
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Adv. Dhananjay Ravikant Gangawane
Pune | 500+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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