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legalmisuse (LAWYER)     27 March 2013

False case of 498a by wife

Hi,

False case of 498a, 504, 406, 323 is filled on me and my parents by my wife and her family.

I got bail on same day and after getting anticipatory reject for my parents we surrendered them and got same day bail.

I got married on 08th July 2008, my marriage was conducted in court of law as my wife and her family were not willing and not capable enough to spend on marriage, i was happy with their decision and m family agreed too.

after leaving 4years with me and when we started planning a kid after 3 years we under gone with doctor consultancy and she suggested some basic tests like my sperm count and her blood test, in that repaort my sperm counts were little from normal counts and her report were normal and after tat she always say me tat ur sperm count is less. after tat our doctor also told for sonography report of her as her periods were not stable.2 months she ignored and some how manage to skip tests but when my mom told her tat now its almost 2 months tat u have skipped the test, now atleast we should go for test. at tat point of time she was yelling and shouting at my home, u dont have to wait and all. then she called her parents and they took her away on 1st oct, 2012 by saying tat she will go to her parents home for 4 days so that she can relax for some moment. I agreed and told them to took her along with u. but she didnt return and we tried calling her, her family members, her relatives till 4 month and then they never give approriate or proper answer to us.

on 13th jan, 2013 they filled a case on me stating tat we have removed her from home, we have not given her ornaments and clothes, and she also mentioned high amount of gold ornaments with us, which is not bcz we conducted a court marriage with 4 people only.

i got bail on same day and then we applied for anticipatory bail for my parents, my anticipatory got reject due to corruption in india as judge required 1 lakh to pass a order in my favour. i dened and he rejected by anticipatory.

then i gone with parents for surrender to police station, then we got bail on same day.

Can my wife and her family can file a case of domestic violence on me?

How i can protect myself and my family members prior to their action?

Please helpme with your proper guidance.

Regards

Accused of 498a, 323, 406, 504



Learning

 5 Replies

Reformist !!! (Other)     27 March 2013

Welcome to the False 498a club. Join SIFF meetings in ur local area as a 1st move, u will get all legal knowledge personally and LCI is also a good place to get legal knowledge.
 

abhishek (advocate)     27 March 2013

go for quashing and i dont agree that the judge required 1 lakh for granting u ab neways approach a seasoned lawyer and go for quashing  b4  hc of ur state

Rahul Kapoor (Legal Enthusiast)     28 March 2013

hello,

you must return the items if 406 is filed to get the AB.

AB can easily be given after recovery has been done by the police.

 

 

regards-

rahul.gogreen@gmail.com

Sameer Sam (Self Employed )     29 March 2013

I have some doubt as

What if there is never took any dowry or any articles then what to do or whcih articles have to return.

Should purchase from Kabadi and then submit in PS ?

the main thing is if we are submiting articles in PS..  is that will be consider as you took dowry -- so its punishable offence under 498a.

suggest your advice 

legalmisuse (LAWYER)     29 March 2013

 

Hi,

My Parents had got bail after AB got rejected.

Can my wife and her family can file a Domestic Violence case against me and my family?

What are the necessary steps to be taken to prevent from any such case from them? Should i need to give any application in court or need to give written somewhere in police station?

How quashing for 498a will be helpful in my case?

Please advice.

Regards

Accused


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