How do I get rid of section 498?

File an FIR against your wife for false 498A complaint: You can also file an FIR against your wife for blackmailing or filing a false 498A case against you. Police in India usually do not favor such FIR, but if you make your case foolproof, the police cannot deny you to file an FIR against your wife.

Can I travel abroad if I have FIR?

Hello, 1) There is no travel restrictions just because an FIR is filed against some one unless the court has placed any restrictions regarding his travel abroad. It is also pertinent to know why an FIR was filed against him for cheque returned and what charges are brought against him.

Can 498A be withdrawn in court?

498a case is non-compoundable. Your wife will not be able to withdraw the 498A once the FIR lodged other than getting it quashed in the higher court. If the charge sheet is not filed yet by the police then she can give a restatement . According to it they file the report and court may discharge the case.

What is the difference between 498 and 498A?

Section 498-A is distinguishable from section 4 of the Dowry Prohibition Act because in the latter mere demand of dowry is punishable and existence of element of cruelty is not necessary, whereas section 498-A deals with aggravated form of the offence.

Can wife file 498A twice?

Yes your wife can file a 498A case again if she continues to live with you. If you file for divorce then you would be directed to pay maintenance if the maintenance application is filed by your wife. the court will grant interim maintenance if your wife is not able to support herself or is not earning.

Can I leave the country with a pending divorce case in India?

There will b no problem ,she can freely leave the country after filing of divorce by mutual consent. Once u file a petition a date will b given when your statements will b recorded n thereafter order on first motion will b passed.

Is it possible for me to leave the country while having an FIR against my name How is this going to affect my career?

Advocate Lalit Mohan Gulati Only registration of FIR does not bar you to leave country until unless further action has been taken I.e. arrest or challan presentation. It also depends on the nature of allegation means under which section FIR has been registered and the role attributed to the accused.

Can I go abroad during divorce case?

Advocate Wg Cdr Ajit Kakkar (Retd) Yes she can leave India after filing application for mutual consent divorce and there is no hurdle. Even we can assist you to get divorce without her physical presence in court during second motion through power of attorney.

Can you leave the country if you have a case?

You can go abroad if you have a police case pending against you. However, in case, the Court has placed any such restrictions upon you that bars you from leaving the country or you are required to seek permission from the Court to travel abroad, you can’t/should not travel abroad.

Can wife take back 498A case?

498A case is non-compoundable. Even the wife can’t withdraw the 498A,once the FIR lodged other than getting it quashed in the higher court. If the charge sheet is not filed yet by the police then she can give a restatement.

How to file a 498A case against your spouse?

2. In the event wife wants to file compliant under 498A, she needs to approach Woman Cell, or nearest police station, and FIR is registered only after preliminary investigation conducted by authorities, and woman cell shall try reconciliation between husband and wife, and if husband is adamant, FIR may be registered. 3.

Can I go abroad in 498A or DV case?

The DV case is running and i am contesting both the cases. there is no condition or restrain order to go abroad in 498a or DV case. Can I go abroad as a tourist for short term like 7 to 10 days.

What happens if husband gets acquittal in false 498A?

Once a wife files 498a which is without any evidence of course and as a result of which husband files divorce petition under section 13 (1) (i-a) i.e divorce on the grounds of cruelty. If any party does not have evidence they fail.. But what will happen when if wife fails and husband gets acquittal in false 498a will he get divorce?

What is the time limit to file a 498A complaint?

She can file complaint under section 498a any time, there is not any time limit. If she goes for mutual consent divorce she can claim permae alimony from her husband. I suggest you to file 498a complaint and also file maintenance case to make pressure on him and then settle the matter and go for mutual consent divorce.