Advise on false 498a
Keyur
(Querist) 19 July 2016
This query is : Resolved
Hi, this is Keyur Prajapati from Ahmedabad.
On one matter, my mother-in-law told me very curse words and my brother-in-law hit me. My wife was present at that time and she saw everything. This incident happened at my in-laws house. After that I and my parents did not stay there for a moment and we came to our house. I told my wife to come with us but she did not come. At that day we all came to know that my wife has become pregnant.
After 15-20 days my wife called me and I asked to justify whatever my in-laws have done with me. She simply refused everything and to told lie that nothing has happened. (Neither my mother in law has said anything nor has my brother in law hit me.) I asked her to tell and accept the truth bit still she does not.
Then after 3-4 months my wife came to my home with her father, mother and relatives. At that time all they have threatened us to keep my wife with us otherwise they will go to the police station and will register the FIR. We from our side told them to accept everything and ready to accept my wife on written condition bases.
Some of my relatives advised us to go to the police station to register a complain. Then I went to the police station and done so. As soon as my in laws came to know that I have registered a complain against them, my wife has registered the false 498a against me and my parents.
This is my first marriage and second of my wife. We have come to know that earlier she also filed a false 498a and took healthy amount of money and got divorced.
I hereby request all of you to give your best advice that what can be done by us and what should we do.
Regards,
Keyur
Sudhir Kumar, Advocate
(Expert) 20 July 2016
You are not putting the facts which can be well understood.
A wrong advise may follow from incomplete or incoherent facts.
you said
"On one matter, my mother-in-law told me very curse words and my brother-in-law hit me. My wife was present at that time and she saw everything."
Such like things do not happen overnight. There may be some background.
Sudhir Kumar, Advocate
(Expert) 20 July 2016
you said
"After that I and my parents did not stay there for a moment and we came to our house. "
You are silent as to for what purpose you and parents were there and whether you also left with parent.
Sudhir Kumar, Advocate
(Expert) 20 July 2016
you said
"I told my wife to come with us but she did not come."
This indicates a history of strained relations.
Sudhir Kumar, Advocate
(Expert) 20 July 2016
you said
"After 15-20 days my wife called me and I asked to justify whatever my in-laws have done with me. "
you are not telling why did she call. You knew that she was pregnant and still you wanted her to justify you being hit by her brother.
It is you only who narrated that when you were beaten you probably never wanted her brother to tell why you are beaten.
This clearly indicates that she should have reasonably apprehended torture if she came.
Sudhir Kumar, Advocate
(Expert) 20 July 2016
you said
"Then after 3-4 months my wife came to my home with her father, mother and relatives. At that time all they have threatened us to keep my wife with us otherwise they will go to the police station and will register the FIR."
This itself indicates that she is a woman who has been thrown out.
you also said
"We from our side told them to accept everything and ready to accept my wife on written condition bases."
So prima-facie it was your refusal to maintain her. You wanted a written assurance which does not happen. It is apparent that you were (despite her pregnancy) not ready for amicable settlement.
Sudhir Kumar, Advocate
(Expert) 20 July 2016
you said
"Some of my relatives advised us to go to the police station to register a complain. Then I went to the police station and done so. As soon as my in laws came to know that I have registered a complain against them, my wife has registered the false 498a against me and my parents. "
So apparently they may not have been so keen to register false/true case of dowry demand but you wanted to leave them with no option.
Sudhir Kumar, Advocate
(Expert) 20 July 2016
you said
"This is my first marriage and second of my wife. We have come to know that earlier she also filed a false 498a and took healthy amount of money and got divorced."
This is not of much importance.
You are calling that she received huge amount in first marriage but she may say it was a paltry settlement.
Further if wife head an earlier failure marriage then husband doe snot have a license for domestic violence and this aspect does not come to your rescue to much extent.
Sudhir Kumar, Advocate
(Expert) 20 July 2016
you have finally asked
"This is my first marriage and second of my wife. We have come to know that earlier she also filed a false 498a and took healthy amount of money and got divorced."
The above analysis may be hurting you.
You may be annoyed.
You may like to react.
But the above analysis is based on the facts given by you and you alone. The version of your wife when heard by third party may be revealing harsher facts.
It is clear that in our society it is prima-facie wife alone who has a duty to be proved wrong. The husband (more so his parents) are never wrong. This psyche has forced the sovereign powers to legislate such laws which can even be misused.
There may be some persons who may give your advise do not bend/ teach her a lesson / do not worry conviction rate in such cases is low / .
Some persons may even say that Supreme court has directed that ..................
But your life is neither an experimental lab nor you are a pawn for taking revenge on behalf of someone who suffered from his wife.
The positive and negative facts are that:-
(i) there is a family discord
(ii) The discord has just reached thana.
(iii) given facts do not show end of reconciliation possibility.
Police in such cases try for reconciliation and generally refer the case to CAW wherein you can feel that hearing is one sided.
The given facts do not indicate as to till which point you are wrong and till which point your wife is wrong.
But you need to have introspection as to where you are wrong. It is hard task without which you cannot even think as to how to selvage the situation.
Despite strained relations it is hard and cold fact that this is the best possible match in the world you could choose for each other or for yourself.
You can explore possibility of peaceful negotiation and also try for AB for entire family.
Rajendra K Goyal
(Expert) 20 July 2016
It is better to forgo your ego and have amicable settlement. Both would not gain anything in legal battle, would earn frustration, would loose better time of life in litigation.
Your wife is pregnant, accept her. Time may heal all wounds.
You are concerned with your wife and not with in laws.
Any written paper even on stamp paper of any amount would not help / ensure change in circumstances if understanding is absent.
I fully agree with the senior expert Sudhir Kumar.
Devajyoti Barman
(Expert) 20 July 2016
Since 498A is already lodged there is no option but to get bail.
Once that is done fight the maintenance case, if she files any.
Once you get bail which is most likely half the battle is won.
So nothing to worry.
Keyur
(Querist) 20 July 2016
To Birman sir,
We already got the bail. But also advise that what can be done against false 498a and how to fight the maintance case if she files.
Keyur
(Querist) 20 July 2016
To Sudhir sir & Rajendra sir -
I can not explain my whole case in writing. You don't know my wife and her nature. She is damn Lier. Most of the time she tells lie. There are so many small things like to wake up late in the morning, idle in doing household work, don't not stay at my home steadily etc. which are not at all tolerable. (Then why she got married if she don't understand her responsibilities.) i told you in my earlier message that she did not came with us at my home. The reason behind that she made an excuse that doctor has given advise to take rest.(In our community, female do work for seven months from the day they become pregnant. Even my sister done the job till last.)
So, again i request you to give advise on false 498a that what can be done.
Sudhir Kumar, Advocate
(Expert) 20 July 2016
"There are so many small things like to wake up late in the morning, idle in doing household work, don't not stay at my home steadily etc. which are not at all tolerable. "
why she goes and where she goes.
If the behaviour is beyond tolerance thenwhat did you do to mend her behaviour?
Sudhir Kumar, Advocate
(Expert) 20 July 2016
"she made an excuse that doctor has given advise to take rest.(In our community, female do work for seven months from the day they become pregnant. Even my sister done the job till last.) "
This expression itself indicates that you are inconsiderate to the medical advise given to her during pregnancy. A good example of cruelty atleast from your side.
When her version is heard by independent person then harsher facts may surface.
Sudhir Kumar, Advocate
(Expert) 20 July 2016
"So, again i request you to give advise on false 498a that what can be done. "
at this stage there is nothing more you could have done.
Mr RK Goyal already advised you that you have to shed ego.
Keyur
(Querist) 21 July 2016
To Sudhir Kumar -
Sir, it seems that instead of giving me advise on false 498a, you are fighting a case in favour of my wife. I observe that you comment on each and every sentence whatever i wrote. But why did you not comment on this -
1. "She is damn Lier. Most of the time she tells lie."
2. "Then why she got married if she don't understand her responsibilities."
I just can't understand that why do you not consider these facts.
Anyways, please give me on false 498a.
