Legal Question in Criminal Law in India

My Sister-in-law filed 498A false case against my brother and on my parents... my mother (68 years) and father (74 years) after 5 years of marriage. Now my Sister-in-law and her parents are demanding 25 lakhs to with draw all the cases. After 2 months of trauma, my family stood-up and wanted to fight back. We got good Attorney.
Our attorney suggested that we should file a divorce case against my sister-in-law on the grounds of false 498A. But I read in many 498A forums that never give diverse to 498A wife until all the cases have quashed. Once my brother gives her the divorce then she can marry to any one but my family has to attend the 498A case which is still pending.
So my question, Is this a good idea to file the divorce case against her while my family is still facing 498A? Please suggest how it works....
Thanks in advance for your suggestions and advice.

Asked on 2/03/10, 11:46 am

3 Answers from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

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Consider getting said false 498-A case put on trial as expeditiously as possible and secure an acquittal.

In case of false complaints, you can invoke powers of courts U/s.340 Cr.P.C. for initiating action against persons responsible for such false complaint.

Answered on 2/03/10, 8:40 pm

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RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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divorce case is a civil remedy and 498a is a criminal case. the reliefs sought in both the petitions are different. you may file a divorce petition citing 498a as a ground of cruelty. your divorce petition may become a good defense later on.

Answered on 2/03/10, 10:32 pm

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