what options I have if wife files 498a and others

Mani Sir,  I think you have to undergo the trial for s.498 A  and there is no other way left for you. As regards, the custody of child, you can file a suit for that, but in many cases, upto 6years of age, child is given to the custody of mother even more so, if she is working.

Dear Mani  - one alternative I suggest approach High Court with quashing petition for 498A complaint and proceedings - engage good lawyer of HIgh Court and get it quashed by High Court.

Hi 

 Kindly let me know where I stand for 498a if I got married in Arya Samaj ; I have

marraige certificate and affidavit stating that I did not take a single paise dowry from my wife.

Regards

mani

Mani Sir, It will definitely help you if you say that you got married Arya Samaj way, But then, she can easily allige so many things against you in the court just to prove cruelty. It depends on how you are going to prove there was no cruelty against her.

 She will make you a mental wreck thanks to government - remember Shah Bano case, DV Act, 498A, Divorce Act. Thank Got that she can't invoke SC/ST Act.

Regards the lawyer, it is not so easy to quash any criminal case, HC will be always reluctant , 99% cases to quash or in short stop any criminal proceedings, thus going for quash will unnnecessarily be wastage of money in advocate fees, also if quash fails it leaves a abd impression on the lower courts where it will go finally for trial.....QUASH is good means for the advocate to charge heavy fees in the name of HC trial, never go for it.....

regards internship, how can a person be asked to prove other person's allegation as wrong.....in a husband wife relation series of instances happen.....suppose one fine day the wife threatens her husband better amend by my ways or else i shall file cruelty case on u, do u expect the husband to sit with a recorder or a cam corder or hidden cam to record her actions....also all these evidence are treated as secondary evidence...dono why....it is true that the girl need not prove anyhting because the state is fighting on her behalf.......the state's PP has to prove the allegations.....

Please remember one thing. In the present scenario of law, a wife can, if she choses, make a the life of husbands and in-laws miserable.

You are right. In the majority cases, complaints are not quashed. HC does not evaluate evidence. You are asked to go back to the magistrate and stand trial. It will continue to be so.

Dear Mani,

First try to understand IPC498A is legal terrorism against innocent people.  Everybody in the country knows this truth including President, Chief Justice of India, Supreme Court,lawyers, and even the constable in the police station who files the false FIR.

If you are really innocent did not take or demand any  dowry and this dowry harassment case has been falsely filed against you forextortion or to achieve ulterior motive then you have to take very strong decision against this legal terrorism.

1. First take care of yourself and your family (Bail etc). Don't worry about your son. Let government take care of him. Government  takes care of so many fatherless 498A children.

2. If you love your son, then adopt a child from orphanage and take care of him. Otherwise your legal fight for your son will never end. As per the law you will be treated like a visitor and you have to pay for that visit (like pay per view TV show).

3. Regarding the case, just let them file  whatever they want in the Fir, chargesheet, etc. - fight in the court wisely and win.  In the mean time find a good girl friend and live your life. After winning the case divorce your 498a wife and restart your new life.

4. This is the only way to beat the beast. Nobody can help you. Including government, lawyers, courts, whatever....If you think you will get justice in the court and wait... you will have to spoil your own life for several years in the courts and at the end your wife, court, lawyers loss nothing, but definitely you lose your valuable time, life, money, and peaceful life.

5. Don't be an emotional idiot. Because they utilize your emotion and make you an idiot. Don't let them to treat you that way.

6. This may sound rude...  but this is the brutal truth in the land.

 Thus spake the truth. What is stated is unadulterated truth. The best reply so far.

dear sir, if divorce case if filed first by husband than after it if wife file fir in dowry case what will be the position fo  husband because he hase file first divorce can any benefit given to him

 Two cases will run separately. There is no doubt that whatever be ultimate truth, she will make you a mental wreck by the time courts decide the matter.

Remember that any spouse can file the divorce case while staying together under he same roof. Also remember that DV Act is separate law and she can file a case against you and the members of your family. It is not necessary that they should be living elsewhere. Any relation can be implicated.

No doubt 498-A is a legal terrorism.  There is no alternative except to face the trial.  In majority cases Hon'ble High Courts are not inclined to quash FIR.  In my opinion, filing quash petition is waste of time.  If you are really innocent nothing will happen to you and the case ends in acquittal.  For custody of your child, file a petition seeking custody.  If you can establish that you have interest in the welfare of your child, Courts may consider favourably.  Do not worry, God is there to help the innocent.  Engage a good lawyer, no need to get panic.

 Without discouraging you, let me tell you that 498A is loaded heavily in favour of the woman.

Dear Mani,

Presetly U may move an application to get the coustody of your child.

Forget about 498 and lawyers will handle the same and you go ahead with your carrer.

Good luck

Regards
adv.kamal.grover@gmail.com