498a and 406
gurcharan singh mahi
(Querist) 19 November 2012
This query is : Resolved
sir my wife lodge a false case498a and 406 case againts me and my father and mother,for this i spent 15 day in JC and Mother father spent 6 days,now all r on regular bail.my query are
1-recvory is done but still my wife claim that 10tolas of gold is not recover,and showing bill of that.
2-i o in chagesheet say dt my wife does not have any evedence dt show we used to torture her.
3-no counseling is done before the F i r.
4 i m working state bank ,if the bank would suspend me or not.
5-wife is also working can she files for mainatance. as differnce between slary is only 400 rs.
please guide me what i can do now, as it false case,and it is love cum arrange maariage.
ajay sethi
(Expert) 19 November 2012
if wife is working and differnce is salary is nominal she wont get any maintenance .
as far as 498A case is concerned you have to fight it on merits .
you must me have video recording of marriage displaying the the gold worn by her during marriage and other functions
. if you have returned all gold but wife sys 10 tolas is recoverable burden of proof is upon her to show that gold was purchased at time of marriage .
whether payment of bill is made by cash or cheque . your lawyer will in corss examination quizz your wife about the said tolas of gold .
Devajyoti Barman
(Expert) 19 November 2012
Under this circumstances you are neither liable for suspension nor you are liable for maintenance to your wife.
gurcharan singh mahi
(Querist) 20 November 2012
sir
1 my wife in her complaint says dt they have spent about 15 lakhs on marriage and dowry article.actually we never demand any thing from her .we only about 70 barati,rest around 600 hundred are there relative.if we file counter case in income tax department for this.as my fahter in law is a retired ETO From exisce department having high approach.as we r from defence back ground as not having approach.counter complain to income tax depatment help in fighting 498a and 406 case.
gurcharan singh mahi
(Querist) 07 December 2012
:My wife sent various email to me dt she Love me Lot me I to love her lots, do this help in fighting case
:some one told me that ki ek baar to saja zorror ho gi ,is it really true, as we never demand or torture her for dowry. or anything else.
panchayt faisla is usefull for fighting the case??
ajay sethi
(Expert) 07 December 2012
98%of 498A cases are false . your wife has to prove her alleagtions
