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how can i save myself from S/498A


27-Aug-2023 (In Divorce Law)

I have filed judicial seperation in March and divorce in April on my wife. No consummation till date. She also accepted it in the reply notice. But blames it on me saying suspecting inability. She has sent sorry messages for her mistakes. She has written apology letters for her wrong doing. Now she says it as extortion and filed 498A, 384 and all cheating cases on me. What are your views??? How to save myself?

Answers (3)

Answer #1
689 votes
You may in interim apply for anticipatory bail based on Arnesh Kumar v. State of Bihar. Collate and arrange evidences chronologically, which should include all the mails, apology letters etc. For proving extortion she will have to furnish evidences. In case if you have received notice from the court after filing of the chargesheet, you may apply for quashing based on SC judgment on Bhajan Lal and Sushil Suri v. CBI & Anr. Also, apply for stay of proceeding in sessions against LMM for non-application of mind in issuing warrant/notice etc. Please note, the advice is based on your interpretation that you are not guilty. The advice is in good faith and on the premise that documents are correct from your end, and I having not verified its authenticity.
Advocate Feroz A Shaikh

Adv. Feroz A Shaikh

LawRato Mumbai | 5+ Answers
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Answer #2
530 votes
Sir you have a very good case. Keep all the records safe it will help you in future. Now if you apprehend any thing then kindly issue a legal notice stating all your grievances also inform the same to your local police also & keep all the records intact. Prima facie there can not be case of cheating or extortion so need not to worry.
Advocate Sagar Kothari

Adv. Sagar Kothari

LawRatoPune | 5+ Answers
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Answer #3
558 votes
it appears that the cri. complaints does not have any merits, therefore you should apply for anticipatory bail first. after obtaining AB, go for quashing u/s 482(cr.p.c.) before the high court. the main crux of matrimonial dispute is the divorce case before the family court, therefore concentrate on that case also. criminal cases will mislead you and will cause enormous delay for your divorce which is the ultimate relief that you are seeking.
Advocate Rohit Shaligram

Adv. Rohit Shaligram

LawRatoPune | 5+ Answers
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