False 498a after receiving divorce notice from husband
Avinash
(Querist) 10 August 2014
This query is : Resolved
Respected Experts,
I was married only for 6 months and upon witnessing her crueltly including physically assulting my mother I called her parents and sent her back to her father's house. After receiving repeated threats from my wife and in-laws I decided not to bring her back and filed for divorce.
After receiving the divorce notice she filed a false 498a and DV maintanance case against me and my mother. My mother got AB and I am out on interim bail (Never Arrested). I was asked to go for mediation which I am strictly against as she is demanding 10 Lakhs from me. She is well educated and was earning before marriange but in order to extract money from me she decided to sit at home.
Requesting your suggestion on the below points.
1. FIR filed through court under 156(3). No evidences provided apart from two witness who are her relatives. I have document evidences which proves that she provided wrong information in the court. Including her travel tickets booked through IRCTC and emails from her father that they took her on my request. But in affidevit she stated that she was thrown out of the house.
2. As this FIR was made as a counter blast to harrase me and my mother after receiving the divorce notice can I move to High Court for quashing. CS is not yet filed.
3. As she is well qualified and have working experience and was earning almost the same salary as me but now she is not working to extract money from me will I have to provide any maintanance. Her education proof and other salary slips are with me.
4. Other Acts are 341/323/324/34 and DP 4. 406 is not there.
ROHIT SHARMA
(Expert) 10 August 2014
1. yes, you can file a quashing special leave petition u/s 482 of Cr.P.C. before the H.C.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 10 August 2014
482 is no solution at this stage , you can even spoil your case at lower court by making many admissions in the 482 petition .
even other wise at this stage no relief can be expected.
Contest in lower court with expert legal help and it may take time but you can come out if proper steps are taken.
Avinash
(Querist) 10 August 2014
Thank you for your suggestions.
1. What can I do to get my interim bail sectioned by High Court till the mediation report is filed which is on 10.09.2014 converted to a regular bail.
2. I am also not interested in any mediation as I am not willing to pay up and also taking her back is out of question. Because I am sure that she is going to ask for money again and the mediation will fail.
ajay sethi
(Expert) 10 August 2014
you should attend meditation irrespective of outcome . if meditation fails proceed with case on merits
Laxmi Kant Joshi
(Expert) 10 August 2014
you must attend the meditation only then you come to know what are her views , what are the allegation which she imposes on you , what sort of her demand is , you give all your replies of her allegation and convince the officer that she is misusing the law and filing false case against you .
Avinash
(Querist) 17 August 2014
Thank you experts for your suggestions. I will surely not avoid the mediation. I would request your suggestions on the below points.
1. What if the mediation fails?
2. Can I request for additional dates from the mediation centre if the first date is not suitable for me?
3. What happens to my interim bail of the mediation fails?
4. Does the opposite party need to prove their allegations as the party could not get any proof with them apart from two relatives who did not even visit us after the marriage.
5. Is there a way I can request the court to begin trial in my case?
6. Does email/call records considered as evidences if I submit them as a proof in the court?
Avinash
(Querist) 03 September 2014
I had a session of mediation yesterday and informed that I am not willing to stay with her anymore.
1. Now she has demanded 20 Lakhs for taking of the case including the expense of her marriage.
2. I am not willing to pay her more than 1.5 Lakhs I have already told that to the mediation.
3. Mediator said the amount is too low and can not negotiate with that and provided me 20 days to see how much I can manage.
4. I am not willing to pay anything to her.
5. She is asking me to leave the job and withdraw the PF amount and provide the money to her. and also sell of my mother's property to give her money.
Now the mediatior will submit a report to the court stating that both the parties are not willing to stay together and she demanded 20 Lakhs as alimony and the next sitting will happen on 20.09.2014.
Now my questions are
1. Can I just send my lawyer to attend the session and state that we can not pay more than 1.5 Lakhs else we will contest the case.
2. I have chat logs with her where she stated that she does not have any doubts on my character and after 20 days she filed a 498a stating I have illegl relations outside.
3. Also she was chased out of the house on 9th where as I have her tickets to prove that the tickets were booked on 8th by her brother.
4. She stated that she had called her father to come her but her father had sent me an email stating that I had requested them to visit my place ASAP.
5. More other call recordings are there to prove that they have been lieing all throughout. But I know this is at later stage.
6. But what will happen to my interim bail I know that this will get extended but is there a way to get it converted to a regulat bail?
7. When the case was filed after receiving the divorce notice as a clear counterblast to harasse me and my mother what is the improtance of that?
8. What if the next sitting is attended by my lawyer and not by me. Can my bail application get rejected?
9. What are other remedies I have?
