498a and dv
kunal
(Querist) 09 July 2013
This query is : Resolved
hi
i am kunal living in delhi with my parents.i was living with my wife, parents,brother,sister. Last month with the influence of her(wife) parents she put case in CAW cell. where she said i dont want to live with your parents. I said ok i will live saparately then she said i will live near my parental home. I agreed on that also. now she denied the same and said that through your parents out of your house.I will live there. Which i denied as my parents are above 70, my brother is studing MBA and sister's marriage is due. But stuck on the same track and said no i will live there only.
just after two days of this hearing in CAW cell i got Notice from saket court about the case of domestic violence. she pulled all family members and even my married sisters. In the same she demanding 25 lakh rupees which was spend by her father, which is totally fake. she said she was molested by my father also. we got married six years ago and we have a baby girl of 4 years in her custody now
pls suggest me
1. what should i do?
2. what she can do to prove false allegations
3. what are the proof i should collect to save my family
4. what would happen to my married sisters?
5. Is it possible that she can create pressure of investigation officer to file case me under 498a/406 and arrest me?
6. is medical report is necessory under domestic violence case.
Dr J C Vashista
(Expert) 09 July 2013
You have the only option to engage a local lawyer and contest the case tooth and nail who may be given all the inputs to disprove her averments.
Guest
(Expert) 09 July 2013
My pointwise replies are:
1) 1. what should i do?
... Check with some local expert along with the copy of the FIR and other documents, if any, and discuss in detail with him at first before deciding how to strategically proceed in the case, as such complaints prove to be much more harmful to the interests of the family, as a whole, if careful steps are not taken. Hire only some well experienced lawyer after checking his track record about such type of cases.
2. what she can do to prove false allegations?
... If she has decided to file a totally false case, she may be treated as a cruel lady to do anything to falsely prove the case against you and your family by any means and tactics.
3. what are the proof i should collect to save my family?
... Any suggestion can be possible only after going through the details of the case along with the FIR lodged by your wife.
4. what would happen to my married sisters?
... The law on the issue is of draconian nature. Along with you and other family members, maximum harm can be expected to your married sisters also, as they have also been made party to the case.
5. Is it possible that she can create pressure of investigation officer to file case me under 498a/406 and arrest me?
... Unlike in other cases, the onus of proof lies with the defendent in such cases. She may or may not put pressure on the investigating officer, unless he is fully convinced about the facts in favour of you, the investigating officer would be under pressure only by the provisions of law to treat you guilty. So, narrate the true story with evidence if any with you in your favour and against your wife.
6. is medical report is necessory under domestic violence case?
... Not necessary. But, if she produces even some false medical report that can prove harmful to you. However, if you like, you can insist on medical examination of your wife.
S.B.adil rahman
(Expert) 09 July 2013
Dear Kunal, you have not mentioned that where your wife is living now a days. If she is not with you then from when she is not with you? In domestic violence case what relief or protection she has sought? Who is financing her for all these evils? Cases are the product of the brains of advocates and iron cuts iron so you have to dribble an advocate's brain and not that of your wife. Engage a lawyer of equal potentiality. If she is not living with you, serve her a notice for restitution of conjugal life. You may also file a case of divorce on the points of desertion or cruelty. Your mother may move against her before the court of law for her cruel behaviour before the said court seeking protection against her from domestic violence. You can also involve her parents and other relatives with the allegation of inciting her for breach of peace and book them under section 504/506/509 etc. You can seek details of the Income Tax returns in which they have shown an expense of Rs.25 Lakhs on the wedding of their daughter. You can write to the Income Tax authorities to investigate the spending of such huge money and its source of procurement and mentioning the same in Balance sheet. The choice is your. Indian laws are women friendly so expect full harassments form our legal system and move forward with the aim of Tit for Tat. If she can level the allegation of molestation against your father, she can go to any length. She can also level such allegation against her father. So better you level the allegation that the 4 years daughter is not yours and is of her sister's husband or some one more closer to her or her family with a delicate relation and seek a DNA test. Let her face all type of ordeals. Fit a friend to claim that your wife is in love with her and wants divorce to re marry. There are hundred ways but you should have money and will to fight. Truth always wins.
Rajendra K Goyal
(Expert) 09 July 2013
Agree with the experts, nothing more to add.
Raj Kumar Makkad
(Expert) 09 July 2013
I fully endorse the advice of Ld. Dhingra g.
kunal
(Querist) 10 July 2013
thanks to all. splly. dhingra sir and adil sir.
Sir she is not living with me. she is living with their parents.She has a friend who is a lawyer. all the seeds given by him. She is moving as per his direction.
Investigating officer is singing song to live with her, I said ok. he said she is your wife, convince her otherwise on her comment we have to file FIR.
should i go to AB.
"in the first meeting in CAW cell she said kangla kar doongi" what more she can do?
I dont want to get arrest?
Adil sir as u said that it is the game of money. How much money required for bail and case and what would be the time period( i know that normally case are long)but still.
If my parents try to marry my brother or sister(who's name is also written)then is there any problem
please suggest thank you
Guest
(Expert) 10 July 2013
Better apply for AB. Prevention is better than cure. AB may not be much costly, but if the case is launched on behalf of your wife, you are likely to become real kangla, as that may cost you the most from all the aspects of your life.
If arrested, the stigma would surely prove as a great hinderance in marrige of your brother and sister.
ajay sethi
(Expert) 10 July 2013
your wife dosent want settlement . she wants your money . best option is to fight case on merits . apply for AB in 498A case . let her run around courts for years
Rajendra K Goyal
(Expert) 10 July 2013
You should defend the case on merits, apply and take anticipatory bail.
kunal
(Querist) 14 July 2013
thank you to all of you
but is there any way, that case will not register against me in cell.
tell me any single way to save myself from registering FIR in CAW cell
V R SHROFF
(Expert) 14 July 2013
Your Q:
pls suggest me
1. what should i do?
2. what she can do to prove false allegations
3. what are the proof i should collect to save my family
4. what would happen to my married sisters?
5. Is it possible that she can create pressure of investigation officer to file case me under 498a/406 and arrest me?
6. is medical report is necessory under domestic violence case
Ans: Just defend DV case filed agains you all.
No arrest, no bail needed.,, will get 205 exemption.
U need to pay reasonable mtn : That's All
You may act as per above Experts if so desire.
S.B.adil rahman
(Expert) 14 July 2013
Section 498A IPC falls within the cases in which the investigating agency should issue you a notice of appearance under section 41A Cr.PC 1973 before effecting your arrest. Arrest done without notice and without mentioning the reason of your arrest justifying the same in their general diary and case diary would be a malafide act for which you have got write to move the appropriate court of law. However, the law says that you will not be arrested until you default in appearance after getting the notice by the police. Do not get panicky because in D.V Act you will not be arrested until you violate the protection order granted to your wife against you or her in-laws. All your queries are pre mature and based on your negative assumption. Please remain calm, do not waste your energy and wait for her next move. Fighting a case in our courts is like playing lotto. You may win and you may also loose. But 498A IPC cases are in most of the cases are cases for harassing the in laws. This section breaks the homes and does not come to aid in strengthening matrimonial relations.
kunal
(Querist) 15 July 2013
thank you sir
you are right adil sir
i have fear that what would happen if IO register case in CAW cell even i m attending all dates and agreed on term
will IO convey messege to me that he is going to register case
Dr J C Vashista
(Expert) 15 July 2013
I concur the advise of Mr. V R SHROFF,
S.B.adil rahman
(Expert) 15 July 2013
No,I.O will not inform you that he is going to record the case against you. However,as he is legally bound to send the copy of the F.I.R to the court within 24 hours of recording of the case,you can keep a track at Court whether such F.I.R has been sent to the court by the respective police station of not? You can also file a petition under section 6 of the RTI Act seeking information about the status of the complaints which your wife might have made to the police.
