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Aman (Senior Lead)     14 September 2010

Wife wants full money in 498A settlement in advance

Hello Respected Friends,

My wife has filed false 498A and is thrmowing all the drama in front of court. We have moved th court for bail application and she is coming to every date and changing her statement. In one bail hearing even the judge told us to get the demand draft in full and then court will freeze the second part , which we did , but she again refused in the next settlement that she wants full money as she has to maintain herself and buy a car too :)

Now we have refused for compromise as it is clear that she wants money only and court is also encouraging her while she is changing her statements.

Is there any way out of this?

 

 



Learning

 6 Replies

M. A. Khan (advocate)     14 September 2010

If u r on bail on not. If not apply for before magistrate court, if rejected u can move session court.  The grounds of bail shall be depending upon the allegations of complainant.  If u r on bail, better to start with  trial.

parveen kumar (CEO)     14 September 2010

Hello Friend !

The 498-A IPC, is a weapon of harassment for majority wives due to tilt of law towards the women. once the proceedings commences, the accsed person has to move very cautiously & without succumbing to the pressures of the complainant & the court. Remain cool so that you could apply ur mind on the issues therein. in most cases the underlying object is to extract money to the maximum. The only person who can get u out of this problem is your committed Lawyer so engage it & narrate the true picture so that ur counsel could prepare stron defence for you. proceedings under 498-A are criminal in nature & no compromise can be effected on money considerations and if u feel your wife is playing any sort of drama, then contest the case to its logic.

 

parveen kumar, advocate, Jammu.

M: 094191-36372.

parveen kumar (CEO)     14 September 2010

Hello !

Replying to your last part that what is the way out . since the proceedings has commenced & i recommend you to seek bail instantly without making yourself absent, Remain present on dates because absents are not advisable in criminal matters barring urgecy when u can seek exemption. Absent on dates lever the problem in courts so avoid it.

Remedies to way out :

1. effect compromise with the complainant if scope is there or

2. ur counsel will examine facts in complaint & if finds that scope is there to quash it under section 482 Crpc or

3. u feel that it is false complaint, continue with it till u r aquitted & the claim damages for false case.

 

parveen kumar, advocate, Jammu.

M: 09419136372.

498avictim (analyst)     14 September 2010

 

Dear Aman,

which state are you from ?  Do not worry the effect of 498a is just untill you get a bail , do not yield to any extortion rockets by ur wife . This will encourage many other ppl to file such cases on innocent husbands .

A little patience will save lot of money and gives you a victory at the end of day. Do not scare unless u committed any crime. we are all the same victims of law and fighiting againist gross misuse of this law. there are many friends who are implicated as you and they are better ppl to advise you .

Please register and read the 498a survival kit on www.498a.org  and join saveindianfamily Yahoo group.

Aman (Senior Lead)     15 September 2010

Thanks to you all.

I am also trying to find ways to fight . I know we have not done anything wrong and as per the lawyer the FIR given by her is vague and general. But we are trying for bail only. It is already in the session court , but I somehow feel the judge is taking her side blindly. nyway lets see. I have come to know from some sources that girl is also in hurry. so they are putting pressure on us. Nyway I and parents are ready for the fight now and I am sure she will file other cases also. she has planned this very well . She left her very high erning job and went back to her home and filed the case in my absense.

so I will be needing the help of you people a lot. Are there any cases which we can file like DP3 etc

 

Thanks a lot again

 

498avictim (analyst)     16 September 2010

YES , you can definitley file DP3 and if the alleged dowry is more than certain amount also file Tax evasion petitions.

But DP3 has certain limitations by statewise , and there are many ppl who sucessfully filed DP3 some states.


Join forum 498a.org for more information and experts advise on this.


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