How to fight false 498a
Rashid Ali
(Querist) 20 October 2012
This query is : Resolved
hi expert i am muslim. my second wife married me without taking Talak from her earlier husband.looking her cruelty ,extorting habit and affair with her previous husband i gave her talak .And i filled a case u/s 386,387,389,120b against her,her father,mother and brother.The Evidence in this case was only call recordings. but Io did not investigate properly and submitted final report in political presure with the sanction of 182 ipc.Now this cruel wife has filled false 498a,3/4 DP against me and my family members.Once again police is ready to chargsheet me and my family members in political presure. what should i do ? i am from saharanpur UP west.in an another case this exwife has been chargesheeted with the section 420,467,468,471,120b ipc alongwith her mother, father, brother and now are on bail from allahabad highcourt .498a,3/4 is ongoing with her previous husband . it means this lady running 2 cases of 498a ,3/4 at a time one on me and my family members and second with her previous husband and his family members. she is staying in my another house and do not want to vacate my house.what should i do .
Devajyoti Barman
(Expert) 20 October 2012
This case seems to be a good case for quashing. File such petition in the high court.
Rajeev Kumar
(Expert) 20 October 2012
Go for quashing of the case u/s 482 of cr.pc in highcourt there are sufficient material and facts available for quashing and it is a very meritable case for quashing.
Rashid Ali
(Querist) 21 October 2012
hi expert i am muslim. my second wife married me without taking Talak from her earlier husband.looking her cruelty ,extorting habit and affair with her previous husband i gave her talak .And i filled a case u/s 386,387,389,120b against her,her father,mother and brother.The Evidence in this case was only call recordings. but Io did not investigate properly and submitted final report in political presure with the sanction of 182 ipc.Now this cruel wife has filled false 498a,3/4 DP against me and my family members.Once again police is ready to chargsheet me and my family members in political presure. what should i do ? i am from saharanpur UP west.in an another case this exwife has been chargesheeted with the section 420,467,468,471,120b ipc alongwith her mother, father, brother and now are on bail from allahabad highcourt .498a,3/4 is ongoing with her previous husband . it means this lady running 2 cases of 498a ,3/4 at a time one on me and my family members and second with her previous husband and his family members. she is staying in my another house and do not want to vacate my house.what should i do .
Adv.R.P.Chugh
(Expert) 21 October 2012
1. Your marriage with this lady is void and bigamous. Your wife is liable for bigamy u/s 494 of the IPC. It's surprising that you have not sued her for the same. 417 also appears to be prima facie attracted.
2. Once that case is filed - apply for quashing in the High Court as these proceedings are nothing but an abuse of the process of law and filed with malafide intent to settle scores. Secondly since 498a applies to 'wives' your wife's case is not covered by it, hence is wrongly applied.
