Fir lodged under section 498. How to avoid from getting arrested?


My daughter in law has lodged an FIR under section 498 against me and my family. My son has been married since 8.5 years and his wife is staying away since 6 years with my grandson. First she put a case in women cell and now she has  lodged an FIR.

My son is being asked to surrender by the judge. What do we do now as we do not want my son to be arrested and need to sort out the issues.

Answer

Based on the facts provided to us, it is unclear as to which stage your case is, and if the warrants have not been issued against you and your son, then there is no need for surrendering. Once the warrants are issued, you may apply for bail.

You should try to get the matter referred to mediation as we feel that the best option available to you is to speak to your daughter in law and try to settle the matter.

If the settlement is reached at, it is essential that while drafting of the Settlement Agreement, it should be mentioned that your daughter-in-law shall withdraw all her complaints pending before any forum.

If both your son and daughter-in-law are ready for a divorce, then both of them can move a petition for divorce by mutual consent under Section 13 of the Hindu Marriage Act. Your son shall be liable to pay alimony for the maintenance of your daughter-in-law and your grandson which may be by way of monthly or one time lump sum payment. 

If your son wishes to keep the custody of his son, then another petition shall have to filed for the same.

Now if the settlement talks fail; then with respect to the case in women cell and the FIR under Section 498, you shall have to file a proper detailed reply and explain as to how you are not guilty of the offence. And here you may also mention that your son has not been staying with his wife for more than 6 years and then your son can file a petition for dissolution of marriage by a decree of divorce on the grounds of desertion as he and his wife have been staying separately for 6 years.

As per Hindu Marriage Act 1955, 'Desertion' means the desertion of the aggrieved party by the other party to the marriage without reasonable cause and without the consent or against the wish of such party, and includes the wilful neglect of the petitioner by the other party to the marriage.

But it is strongly suggested that you should try and settle the matter with your daughter-in-law than continuing with the trial.

Kindly provide us with more details about the current status to enable better and precise assistance.


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