498
ANEESH TRIVEDI (ADVOCATE)
(Querist) 30 July 2012
This query is : Resolved
naem: ANEESH TRIVEDI AGE 40
WIFE:KAVITA TRIVEDI AGE 33
Wife living in her mohter house having two sis one is MCA not married 28 yrs and next one is in 12th
father expired mother is 60yrs no other relatives who help them
facts:
[1] married on 11dec08,without dowry adarsh vivah
[2] she left me due to ego 0n 24 april 09 giving 155 notice in police station.
[3] i went to took her back but i was beaten by her father and insulted on 3 may 2009.
[4] we start talking 20/5/09
[5] some hard talk is going on since 19/07/09
i went to sp office complain registers it is sent to paramarsh kendra by sp.
[6] hearing is on 9sept 09 but on 25/8/09 false 498A was filed and i was arrested for three day now on bail
even in media she spread that i m terrorist etc etc
[7] mutual aggreement offer come from her side i refused/
[8] i am facing the dates but talk on cell started with her 20/11/09
[9\ she come to me and we went for outing for a week in 28/12/09
[10] she come back in same house
[11] i won sec 9
we came to new place 28/3/10
[12] she is pregnant in aug 10 mean time she made drama in may September and October
[13]her father die in mystery death on 22/3/11
[13] she delivered a baby on 5/5/11
[14] her mother came on 16/5/11 and went 22/5/11
[`15] on 23/5/11 she talk abusive harsh word on next day lock the door from inside and i was out whole night
[16] on 27/5/11 she went to relative house with baby in gown
[17] she went to sdop oral complain i was called for paramarhs but i had fear that i may get arrested as before so didnt appeared\
[18]her mother and sister came and she went with them on 8/6/11
i called her lot she not allowing to see me my baby i miss her since 8/6/11
now again situation become worse she is telling harsh word and abusive language and third class talk just like i sleep with othes etc you also go to others.
[19] i talk with her 22/7/12 she told mere tarkash me abhi teer baki hai mai to bachi ke bada hone ka intezar kar rahi thi ab khel me maja ayega maine baap khoya antim saans tak ladungi etc etc
now guide what i do when she is with me she is alright i want by daughter back i m out of india now 498a is not charged yet ,
now i m planing to file
a.defamation
b.child custody
c.divorce
just to make her trouble and she know that to file a case is easy but to fight means to suffer
but in that no hope for rejoin as before,i also waste my time and money,
also i may have to alimony for my daughter as she is working i can prove it already i proved it in sec 9.
i need your guidance and also if situation not improved then how to teach her lesson ,
just give this story to media and make drama to highlight
what i do please guide me
aneesh trivedi
thanks,
ajay sethi
(Expert) 30 July 2012
1)dont be a fool . why you want to kidnap your own daughter .
2)inspte of your wife filing 498 A you accepted her .you have won case of RCR she came back and now your a father of a baby daughter .
3)it is necessary both of you visit a marriage counsellor to iron out your differnces . if things dont work out go for divorce by mutual consent .
4)you wont get child custody at most you will get visitation rights
5) defamation ssuit wont serve the purpose and would be counter productive . arrive at an amicabl e settle ment
prabhakar singh
(Expert) 01 August 2012
"now i m planing to file
a.defamation
b.child custody
c.divorce"
a.does not lie,b.you can not get,c.you may file.
ANEESH TRIVEDI (ADVOCATE)
(Querist) 01 August 2012
sir,
Thanking you heratily but ajay sir i not to going to kidnap her this is the evil thaought come by angre i know i cant do it.
i also agree with to go for counceller but she is adament and not accepting her fault she is just want to destroy the life of all three she having 1lac allegation on me and i cant clearify all she is of -ve mentality.every thing she take as revenge.i wont custody because allthe ladies darken the furtur of my daughter i hv five master degree so i can give her best education any way is the man is so handicap he cant react for false case also /
cant we teach the lesson to such type of ladies? till 25/7/12 i want to save my marriage but she is refusing just becoming adament just like duryodhan how much patience i show i m facing the hearing of 498 still ? my patience now converting in anger so please guide her
aneesh
ajay sethi
(Expert) 01 August 2012
only a marriage counsellor can guide her .
or family elders . if you know some elder relatives from her side request them to intervene to save your marriage
ANEESH TRIVEDI (ADVOCATE)
(Querist) 01 August 2012
yes sir i agreed with you but she stubborn just like duryoudhan.her mother helping her more to say "screwing her and poisoning her mind" previously her father did same thing that is because of her fathers threatening that "he will sent all baratis to jail sab baratiyo ko jail ki chaakki piswanounga" no one want to put his head in danger also mother nature is arrogant she wont listen to any body by seeing all this my life is spoiling and i m missing my Childs childhood and everything which i dream for my baby so that’s why i am getting angery and some evil thoughts coming in mind. here I need some solid advice that may be like "dubte ko tinke ka sahara".
but you also advise like elder person i also want to save myself by legal tactics as i face lot the most important thing that i want to know that
"what will be result of 498A as no of my wife medical is there because she is lying, her father who is main witness died and the so called brother not sure he come to give his statement and last but not least the person whom they made real witness that is dhobi having iron shop near to my house gave statement in my favor in sec 9 RCR till now 498 is not charged we apply for discharge TI get transfer the case is going on since aug 09"
wife have only verbal oral saying that i torture her for 498A and nothing so her saying is enough in the court already after filing 498 A she came to me and lived with me for one and half year so the definition of demand is broken and 498A get elapse here. as per HC quashing fir
Please guide me over here.
and here my all problem related to 498A get solved.
ANEESH TRIVEDI (ADVOCATE)
(Querist) 02 August 2012
here is twisting important lawful point many advocate are not able to give accurate result of this they have different views.
twist is that
"after filing 498 A she came to me and lived with me for one and half year so the definition of demand is not fulfile"
so what will be the final order from judges
acquittal or conviction?
ANEESH TRIVEDI (ADVOCATE)
(Querist) 02 August 2012
one more thing it is proved in sec09 order that she is unable to prove that she had been tortured and there is demand of dowry from her she is living in her mother house without any reason she is working so both parties will pay the fees by their own means she also lose sec 24.
Her mothers witness is not reliable,and my wife telling lie and fabricated the case of 498A by deep thought and to save herself from sec 09 this is the final, order in sec 09 will it be sufficient to prove my innocence in 498A.and quashing FIR
ANEESH TRIVEDI (ADVOCATE)
(Querist) 02 August 2012
Experts suggestion are important for me and also their suggestion are the guidance for new lawyers here because we are truly working and struggling hard and are on truths wife side go for bribing and doing all bad tactics to get the case.
ANEESH TRIVEDI (ADVOCATE)
(Querist) 05 August 2012
facts
my name: ANEESH TRIVEDI AGE 40
WIFE:KAVITA TRIVEDI AGE 33
Wife living in her mohter house having two sis one is MCA not married 28 yrs and next one is in 12th
father expired mother is 60yrs no other relatives who help them
facts:
[1] married on 11dec08,without dowry adarsh vivah
[2] she left me due to ego 0n 24 april 09 giving 155 notice in police station.
[3] i went to took her back but i was beaten by her father and insulted on 3 may 2009.
[4] we start talking 20/5/09
[5] some hard talk is going on since 19/07/09
i went to sp office complain registers it is sent to paramarsh kendra by sp.i attend the hearing of paramarsh kendra she did't came.
[6] hearing is on 9sept 09 but on 25/8/09 false 498A was filed and i was arrested for three day now on bail
even in media she spread that i m terrorist etc etc
[7] mutual aggreement offer come from her side i refused/
[8] i am facing the dates but talk on cell started with her 20/11/09
[9\ she come to me and we went for outing for a week in 28/12/09
[10] she come back in same house
[11] i won sec 9
we came to new place 28/3/10
[12] she is pregnant in aug 10 mean time she made drama in may September and October
[13]her father die in mystery death on 22/3/11
[13] she delivered a baby on 5/5/11
[14] her mother came on 16/5/11 and went 22/5/11
[`15] on 23/5/11 she talk abusive harsh word on next day lock the door from inside and i was out whole night
[16] on 27/5/11 she went to relative house with baby in gown
[17] she went to sdop oral complain i was called for paramarhs but i had fear that i may get arrested as before so didnt appeared\
[18]her mother and sister came and she went with them on 8/6/11
i called her lot she not allowing to see me my baby i miss her since 8/6/11
now again situation become worse she is telling harsh word and abusive language and third class talk just like i sleep with othes etc you also go to others.
[19] i talk with her 22/7/12 she told mere tarkash me abhi teer baki hai mai to bachi ke bada hone ka intezar kar rahi thi ab khel me maja ayega maine baap khoya antim saans tak ladungi etc etc
Queries to be solved
here is twisting important lawful point many advocate are not able to give accurate result of this they have different views.
twist is that
"after filing 498 A she came to me and lived with me for one and half year so the definition of demand is not fulfill"
so what will be the final order from judges
acquittal or conviction?
one more thing it is proved in sec09 order that she is unable to prove that she had been tortured and there is demand of dowry from her she is living in her mother house without any reason she is working so both parties will pay the fees by their own means she also lose sec 24.
Her mothers witness is not reliable,and my wife telling lie and fabricated the case of 498A by deep thought and to save herself from sec 09 this is the final, order in sec 09 will it be sufficient to prove my innocence in 498A.and quashing FIR
Experts suggestion are important for me and also their suggestion are the guidance for new lawyers here because we are truly working and struggling hard and are on truths wife side go for bribing and doing all bad tactics to get the case.
