Legal Question in Family Law in India

498 & divorce case

two cases 1) divorce (divorce is over & maintainance amt 15k/month ,decision came 8 months back )

2) 498 case not yet started we are taking dates till now since oct 2006.

we have two strong proofs

1) she was 2 months pregnant before marriage (report from police check up & her report is showing normal dates but she removed 7 month baby saying child was dead)

2) she submitted false paper mentioning husband has written sorry letter where husband handwritting & signature is not matching.

now to come out of this how we should approach HC with which application so that will solve both cases in our favour.


Asked on 6/22/09, 3:10 am

4 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: 498 & divorce case

Since the marriage stands dissolved, if you are making payment of maintenance amount regularly, you may approach the HC for quashing of criminal proceedings.

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Answered on 6/22/09, 11:29 pm

Re: 498 & divorce case

your both cases can easily be resolved if you can prove that she was pregnent before two months of marriage and that was not because of you. 498 will be quashed and divorce will be in your favour. for more detail plz contace

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Answered on 6/22/09, 4:35 am

Re: 498 & divorce case

make a application for quashing the crimi nal proceeding in the high court as the divorce matter is over and u have the evidence of her pregna ncy before marriagelog on to www.angelfire.com/folk/indianlaws

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Answered on 6/23/09, 10:02 am
Rohini Kumar Tenneti R.K.1080 LEGAL SERVICES

Re: 498 & divorce case

1.If you have a proof of her pregnancy before her marriage then where is the question of 498.

2.Again if the papers submitted are not signed by the husband for sure then you can file a case of forgery at first instance.

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Answered on 6/22/09, 11:40 am


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