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Question regarding 498 complaint
02-May-2023 (In Divorce Law)
Dear sir After 6 month of marriage she left home with her parents with a reason of lack of understanding. After 4 months her father confirmed she want divorce. He asked us to return all gold and items and n amount with a promise of mutual consent divorce. We have given him all items , gold and Money and his father also signed document of acceptance of all items and money cheque. After taking every thing he started ignore our calls . After wait for 3 months we filed case for divorce on the ground of mental cruelty . He received Summons for the case . But after that he has filed 498 complaint in Girl's hometown . Is that complaint valid ? If he had already signed settlement agreement And money is already credited in girl's account.
Dear Bhavinesh,
Given the facts of your case, it seems that you have the facts on your side, mostly because you have documented everything. The only thing that you need to be concerned about is that in matrimonial cases, the judicial officer may get swayed by the fact that '498 has been filed by a girl'. To avoid getting into such a situation, back yourself up with a good lawyer. Also please apply for anticipatory bail. All the best.
Best regards,
Kawaljit Singh.
Given the facts of your case, it seems that you have the facts on your side, mostly because you have documented everything. The only thing that you need to be concerned about is that in matrimonial cases, the judicial officer may get swayed by the fact that '498 has been filed by a girl'. To avoid getting into such a situation, back yourself up with a good lawyer. Also please apply for anticipatory bail. All the best.
Best regards,
Kawaljit Singh.
Helpful?
Adv. Kawaljit Singh Bhatia
Delhi | 400+ Answers
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He can definitely file a complaint against you under 498 A. But since you have returned every thing to them and you have a proof of the same, the complaint will not survive and you shall proceed for quashing of the FIR if lodged!
Helpful?
Adv. Shreshth Jain
Delhi | 100+ Answers
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Hi,
you have a strong defense in your case. We would like to see the exact contents of the settlement agreement for a more detailed answer.
Need not worry.
For more information feel free to have a word with us, all the best.
you have a strong defense in your case. We would like to see the exact contents of the settlement agreement for a more detailed answer.
Need not worry.
For more information feel free to have a word with us, all the best.
Helpful?
Adv. Sahej Uban
Delhi | 500+ Answers
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Dear client,
As you have stated your case of matrimonial dispute where you and your family has done good job that you received document pertaining to all her given belongings.
Further you filed for divorce at family court , and then your wife has filed 498A case against you ; see if such case has been registered or complaint has been filed at court ,then cas ewould gi as per rule and law of court, then you may produce such documents and can take plea in your defence accordingly through your lawyer.
If you want to consult for the same legal advice and discussion contact on my cell no. given here at .
Thanks
As you have stated your case of matrimonial dispute where you and your family has done good job that you received document pertaining to all her given belongings.
Further you filed for divorce at family court , and then your wife has filed 498A case against you ; see if such case has been registered or complaint has been filed at court ,then cas ewould gi as per rule and law of court, then you may produce such documents and can take plea in your defence accordingly through your lawyer.
If you want to consult for the same legal advice and discussion contact on my cell no. given here at .
Thanks
Helpful?
Adv. Sanjay Kr. Jha
Delhi | 200+ 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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