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Ex-wife has left matrimony hours 5 years ago. I filed divorce case on grounds of desertion & cruelty


07-Apr-2023 (In Divorce Law)
Ex-wife has left matrimony hours 5 years ago. I filed divorce case on grounds of desertion & cruelty and got divorced in 2021. Now, she has filed 323/325/379/498A/506/406/34 of IPC &3 /4 D.P. Act under section 156(3) crpc. Included me and my sister. Police still not contacted me since last 1.5 month. How did she get 498a registered because it has time limitation of 3 years? All cases are false, I did'nt take any dowry. She took all her stuff with her at the time of leaving me. Now, what to do, pls advise.
Answers (4)

Answer #1
537 votes
Dear Sir, You can challenge the said order passed by magistrate taking Cognizance and referring the same to police. You can go to High Court And Get It quashed. There after you can file a defamation case against her.
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Advocate Kishan Dutt Kalaskar

Adv. Kishan Dutt Kalaskar

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Answer #2
519 votes
498A can be withdrawn after the divorce decree is granted to the spouses ,the condition being that before the divorce the parties should reach to a settlement where the wife agrees to withdraw the 498A charges against the husband .
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Advocate Navya

Adv. Navya

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Answer #3
834 votes
firstly get an anticipatory bail from district and sessions court for yourself and other members on whom case is registered, further file a petition under 482 crpc for quashing of FIR and complaint in the high court by producing the divorce decree and other facts relevant for quashing of FIR and complaint. Further the police may also call for enquiry and investigation and if police find that the complaint is false they may also file a final report to court stating that the complaint filed is false. but to be on much safer side better to get anticipatory bail and approach high court for quashing of complaint and FIR.
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Advocate Bharat Narasgouda

Adv. Bharat Narasgouda

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Answer #4
508 votes
You can wait for the police report & see if the police drop the matter. If they go ahead , , theYou can set a copy of the Cr. P. C. 156(3) file and approach High Court to get it quashed under 482 Cr. P C. .
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Advocate S.K Prabhakar Shetty

Adv. S.K Prabhakar Shetty

LawRatoBangalore / Bengaluru | 1000+ Answers
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