Legal Question in Family Law in India

My wife filed an FIR in Sept 2010, to start a case under section 498A and 406, after 23 years of marriage, while I was not even living with her for the past 7-8 months. I got the bail on 31 Oct 2010, after a night of arrest and now await the hearing dates in court, wherein nothing happens as the Police have not yet filed the chargesheet.

I filed a Petition for divorce on grounds of cruelty and later dessertion, in July 2011, as there was no communication or activity from my wife's side during the meantime. Now, she wants to reconcile, but I am at best agreeable to file for a mutual divorce.

Can a wife again file a FIR under sec 498A, after quashing the present case, stating the reconciliation between us (can I risk it ?). Both of us are educated and settled in life. Both of us excel in our different professions and I could give it a try once more, as a remote consideration if the 498A proceedings cannot be repeated, under any circumstances (there are no factual issues regarding dowry claims or physical abuse till now). We have 2 children aged 15 and 22 yrs. Elder son is financially independent.

Thank you for your opinion.

BKB


Asked on 10/29/11, 9:47 am

1 Answer from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Mr BKB: There is no law of Res Judicata (as available in civil law) for criminal offences. 498-A case depends upon commission of "cruelty". A fresh case may be registered against you, if there are fresh allegations of cruelty by your wife. The previous allegations are washed only if you are acquitted of the charges after trial; not by compromise. However, in a given situation, the terms of agreement reached between the parties may determine further course of action. Therefore, the facts given by you may not be sufficient for an appropriate opinion.

Your lawyer may need to peruse at least : (a) the complaint lodged by her u/s 498-A; and (b) the proposed agreement now being reached.

We will be happy to provide you further opinion if you send these documents by e-mail.

Read more
Answered on 10/29/11, 9:03 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in India