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Wife not living together since 2 years and now filed 498a Case
26-Jun-2025 (In Divorce Law)
Wife left 2 years back. No kids. 2 months back, she sent Notice of divorce & demands 20 lakhs. I have replied to notice. Now she filed 498a case to police station and to Bharosa Cell. I want to live with her but she confessed to police and to Bharosa Cell that she does not want to continue. My question, still police can file 498a FIR against me & my family or they can reject her application of 498a. If the can file, do i need apply for Anti- bail immediately.
It is advisable to seek anticipatory bail from the Court in order to avoid any legal complications in future. If your wife wants to go for divorce then you can settle the matter but for a lesser amount only. Feel free to contact me for seeking any legal advice as regards the same.
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Adv. Prerna Shukla
Mumbai | 700+ Answers
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you will get the bail
and for the further discussion kindly explain in detailed with advocate in person .
you will get the bail
and for the further discussion kindly explain in detailed with advocate in person
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Adv. Santosh S. Gaikwad
Navi Mumbai | 100+ Answers
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Well, if you think, that, all the evidences are against you, then, before getting arrested in Sec 498A Case, it will wise on your part to seek an Anticipatory Bail! However, these days, as per a SC Judgement, Immediate arrests does not take place under Sec 498A of IPC!
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Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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Yes, police can register an FIR under Section 498A IPC based on her complaint, even if she has earlier said she does not wish to continue the marriage. Police are not bound to reject the application unless they find no prima facie case. If FIR is registered, you and your family may face arrest. Therefore, it is advisable to apply for anticipatory bail immediately to avoid arrest. You may also contest the complaint as false, and later file for quashing the FIR under Section 482 CrPC if there is no evidence. Keep all communications, including her statement that she doesn’t want to continue, as record. Engage a good criminal lawyer without delay.
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Adv. Mrunmayi Kotawadekar
Mumbai | 100+ Answers
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As an advocate,
it's crucial to understand the implications of the 498A complaint. Even if your wife has expressed disinterest in continuing the marriage, the police can still register an FIR under Section 498A if they find a prima facie case of cruelty, which includes mental and physical harassment, or demands for dowry. Her confession of not wanting to continue the marriage does not automatically lead to the rejection of the 498A application, as the alleged acts of cruelty are distinct from the desire to reconcile. Therefore, an FIR is a real possibility. If an FIR is registered, it is imperative to immediately apply for anticipatory bail for yourself and all family members named in the complaint to prevent arrest, as 498A is a cognizable and non-bailable offense.
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Adv. Mahrukh Khan
Mumbai | 200+ Answers
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