498a can it be filed again if discharged and not acquitted?
narendra
(Querist) 31 March 2015
This query is : Resolved
Okay Guys,
498a is now filed after 12 months and it is the weakest charge sheet as quoted to us by lawyers as it has no evidence filed and is just a one page charge-sheet in the form of complaint that was submitted by woman.
Now we are getting two suggestions
1) Go for DISCHARGE as no evidence filed
and also charge sheet was filed after much delay.
2) Go for aquittal as it is a weak case.
MY QUERY
------------
If we go for DISCHARGE and the case is dismissed, then can the woman again FILE 498a ?
Or shall we go for aquittal after asking to delete names of other respondent since they are from another city 200KM away?
Please respond to the point.
Thanks
narendra
(Querist) 31 March 2015
Additonal Info:
The 498a is filed after 16 years of marriage after woman was caught RED HANDED with photographs and chat records so she decided instead to punish the Man since she anyway wanted to get out of marriage.
She also filed D.V in which her maintnce is denied by court and is at last stages and may get over in another 3 months.
We have all proofs of her false accusations while she has NONE.
Devajyoti Barman
(Expert) 31 March 2015
You can go for discharge but it it is rejected which is most likely then only time will be wasted.
Better face trial and get it finished early.
narendra
(Querist) 31 March 2015
Okay Does a woman have a right to file 498a more than once?
Dr J C Vashista
(Expert) 01 April 2015
I agree with expert advise of Mr. Devajyoti Barman, once 498A IPC case is closed it cannot be re-instituted and not maintainable, if filed.
Rajendra K Goyal
(Expert) 01 April 2015
Better go on merit of the case and get the decision.
narendra
(Querist) 01 April 2015
Thanks for the replies. We shall for aquittal as suggested.
Regards
ajay sethi
(Expert) 01 April 2015
agree with experts
SAINATH DEVALLA
(Expert) 01 April 2015
498A can be filed any time during the lifetime of UR wife, even if U are acquitted earlier.Don't go quashes or discharges, success rate only 30%.Hence fight the case.
narendra
(Querist) 01 April 2015
Sainath has contradicted other lawyer rrsponse!! Who do i believe?
Guest
(Expert) 01 April 2015
Mr. Narendra guy,
It is good, if you have the weakest charge sheet to face. Then where is the need for getting that quashed rather than fighting the case on merits of the case. But, your doubt about the response of Shri Sainath Devalla is quite surprising.
So, first of all, with regference to your query, "If we go for DISCHARGE and the case is dismissed, then can the woman again FILE 498a," the terms "IF" and "CAN" are quite vague when the problem does not persist at present. Hypothetic situations do not arise in litigation cases and solutions relevant to the real problem should have been asked.
Secondly, you have not mentioned what was the response of your own lawyer on your queries. If not yet asked, you should ask your own lawyer about your aforesaid asumption (not yet problem), as he can aptly reply your query due to his complete awarenes of the background of your case.
Thirdly, it is not understood, on the basis of reply of which expert you have assumed, "we shall for aquittal as suggested"?
Can you name the lawyer who suggested you for acquittal, and on whose response, according to you, Shri, "Sainath has contradicted other lawyer rrsponse!!" According to me almost all the experts have suggested you to fight on merits of the case.
Rest depends upon your own volition how you want to proceed with the help of your own lawyer.
narendra
(Querist) 01 April 2015
I said that in respobse to '498a can b filed even after aquittal again' whereas other lawyers responded that 498a has no merit once aquited.
Secondly it was also sugfested not to waste time in Discharge as usually they r denied.
My lawyer says we go for aquittal and i come to this site to get best replies in case we want to take other path
Guest
(Expert) 01 April 2015
You have partially replied to my queries. You have not stated, what is the reply of your own lawyer to your query, "If we go for DISCHARGE and the case is dismissed, then can the woman again FILE 498a?"
However, from your own query and subsequent posts the following three questions do arise:
1) Have your lawyer assured you that you can get discharge or acquittal without fighting the case on its own merits?
2) Can you guarantee that no incident of cruely would happen in terms of sec. 498A towards your wife on your own part or from the side of other family members?
3) Have your own lawyer assured that you can expect your wife not to file any such case after discharge or even acquittal, If any incident of cruely towards her arises later?
So, there was nothing wrong in Shri Sainath Devalla's advice to you.
malipeddi jaggarao
(Expert) 01 April 2015
Mr.Narendra,
First of all, I do not like your addressing the experts as "guys". Give respect to the elders.
As regards your understanding that 498a can not be filed again probably basing on the reply of expert Shri Devjyoti Barman, according to me, you have misread his answer. "no" on same grounds again. Not that she cannot file 498a on subsequent sufferings. If this is accepted, once the accused are set free in a 498a case, they are free to harass the women forever!
Hence keep in mind the points raised by expert Mr.Dhingra.
SAINATH DEVALLA
(Expert) 01 April 2015
Mr.Narendra,
498 A can be filed again if the allegations are different.If you have belief in UR lawyer, leave the rest o him, if not change him. nothing wrong.
narendra
(Querist) 01 April 2015
Dear Lawyers and Dear experts
1) My Lawyer has suggested to go for trial and get aquittal and not discharge
only because the woman in question is on path to crime and he does not want her
to come out with more torture to man as her lawyer is also her friend.
2) The laws like 498a and D.V as of NOW in INDIA are one sided, are NOT GENDER neutral
and are ANTI MEN and any lawyer even suggesting these laws to women in my view is doing
great damage to their ownkind i.e MEN.
3) Just like we take another opinions in case of DOCTORs suggesting surgeries etc
we have to take 2nd an 3rd opinion on remedies suggested by LAWYERS as otherwise just as
DOCTORS do not tell you complications that you have to face after surgeries, LAWYERS also do not
INFORM you that there is "LAW OF TORTS" that one need to prepared for if we formed allegations
without giving it a proper thinking.
and LAST, I just wanted to know that if we shall keep 498a going since we do not want to be blackmailed
again by the woman just because she now finds we got all cases over in just 2 years because my lawyer was
so good.
Yes; our lawyer is a gem of a person but is very young and that is why we keep giving him suggestions
or helping him thorugh your esteemed expert advise on this web site.
All I WANTED TO KNOW WAS THAT IF THERE IS CHANCE THAT WOMAN can continue to cause damage to us
just because LAWS in INDIA are devised to BLCKMAIL MEN.
AS LONG AS Lawyers continue to advise these DARCONIAN LAWS to woman there is not going to be any cure
and just like my brother is suffering, MEN in such cases will continue to suffer because there are lawyers
who continue to suggest these to WOMEN only because they think in terms of money BUT I AM SURE these types of lawyers
are very less in number.
Experts, please understand that it is important NOT TO SIMPLY TRUST DOCTORS and LAWYERS because their advise
can ruin you either physically (in case of doctors) and MENTALLY (in case of lawyers) apart from financial damage.
WE ARE JUST BEING CAUTOUS and that is only way to survice in this difficult world.
I remember a year back when we wanted PERMANENT INJUCTION against one person the LAWYER DRAFTED the matter in such
a way that the PERSON in question would have easlity FILED DEFAMATION against us. so experts, I have to be careful
and that is what I am asking so many questions.
Thanks you so much and I appreciate your INPUTS.
Regards
Guest
(Expert) 01 April 2015
Mr. Narendra,
Is it not very strange, on one hand you say, "because my lawyer was so good. Yes; our lawyer is a gem of a person", and contrary to that, you have stated, "NOT TO SIMPLY TRUST DOCTORS and LAWYERS because their advise can ruin you either physically (in case of doctors) and MENTALLY (in case of lawyers) apart from financial damage"?
Similarly, if lawyers, according you cannot simply be trusted, I wonder, why you have appeared on this page to get an advice from lawyers?
Again, your staement that your lawyer is "very young and that is why we keep giving him suggestions or helping him thorugh your esteemed expert advise on this web site," is quite illogical or unconvincing and suggests only as if your lawyer is quite ignorant of law and you happen to be his trainer, and also as if he is shy of getting help directly through this site and prefers to make you the medium of his knowledge.
Your present post clearly indicates that your query was sheerly an academic query, as a law student, not your problem.
SAINATH DEVALLA
(Expert) 01 April 2015
Dear Mr. Narendra, Finally I come to a conclusion, that U have taken the experts for a ride to gain nothing but knowledge. Initially the way U addressed the forum experts as " Ok Guys" clearly indicates UR respect for the forum.Never ever repeat.
narendra
(Querist) 01 April 2015
Not sure why you experts come to conclusion so fast. We are fighting 2 cases as of now and we need to file at least 2 more cases on the woman who has brought nothing but shame and agony to us.
And yes My lawyer has not asked me to research or provide him with information. He is competent.
This is only our way of making sure that we are going the right path and so need expert opinions from few more lawyers.
Instead of answering and understanding the real questions that I post, some you are being argumentative and coming to conclusion just like that.
Please be kind and try to understand from
our perspective and why we need to ask questions despite having a own good lawyer.
I have explained already why I need to be careful and gave you real example. Its me and my family who is in SHIT because of DRACONIAN laws created and IMPLEMENTED by some one in SUPREME COURT where MEN ARE IN HIGH NUMBERS. I am aghast how MEN can create DRACONIAN LAWs against MEN like that.
If you really want to show your expertise then go ahead and file PIL and tell the JUDGES in HIGHER courts of THE TYPE OF DRACONIAN LAWS that they have created and implemented where MEN are treated as CULPRIT FROM DAY 1 and women goes scot free despite filing frivolous complaints
on MEN AND THEIR FAMILY with PURPOSE TO HARASS using LAWS GIVEN to them BY Indian courts which ARE ACTUALLY A HUMAN RIGHT VIOLATION.
narendra
(Querist) 01 April 2015
and BTW we HAVE also approached MSHRC state human right commission on this matter and have been allotted case number already. and we are able to do this thanks to replies I get on such sites on question I ask.
I am grateful for replies but some of you are just being argumentative and coming to conclusion just like that.
As for saying OKAY GUYS I was just trying to be comfortable and friendly but after your objection have been referring to you as dear lawyers and dear experts. I hope that is okay. Also because I have travelled all over the world I am used to referring some one by their first names be them DIRECTOR' of company or Ordinary clerks as thats how we behave in global world.
Thanks you all.
Dr J C Vashista
(Expert) 02 April 2015
Mr. Author,
Whatsoever your case is, whatsoever your position is, whatsoever important you are, whatsoever you may do, where ever you have gone, whomsoever, you have contacts, I am least concerned, you are a queriest for us, please note. You have approached (legal) experts on this portal with a request to provide advise qua your own case, FREE OF COST, which is a social cause for us, isn't it? Therefore, it is expected(and necessary) to be submissive, respectful and polite towards the professionals who give you vital tips qua your case (under the information provided by you), legal advise on the subject matter for your own benefit, where you are gainer (win-win) at the cost of valuable time, efforts and intellectual proprietary of the experts. Your becoming friendly with the experts and trying to be comfortable, addressing anyone by first name may be okay in Eastern/African and/or any other culture whereas, it is other-way round in our (Indian) culture, which you are fully aware and practicing at your home, I am sure.
You have adequately been advised, for any other question/query consult your lawyer and there is no point in further dragging this thread, kindly close it.
Thanks.
narendra
(Querist) 02 April 2015
Point taken.
Thanks
T. Kalaiselvan, Advocate
(Expert) 04 April 2015
Even in my opinion this thread should be closed forthwith for the reasons that the author glued to his stand to not to understand the explanations given by experts but will keep arguing his own view point. I dont know what education taught him whether to be so rude with the people from whom he is seeking help and support?
