498a
Jayant
(Querist) 21 June 2012
This query is : Resolved
Hi.. I am a victim of 498a case which my wife filed after I served the divorce petition to her on the grounds of cruelty after 1.7 years of marriage. She filed a 498a case against me and my mother after 1 month of the notice being served. My mother was abroad at that time but I was taken by the police from my office. I was arrested in the police station but made bail on the same day. I got a AB for my mother and have done the needful after she has returned back. She accused us of mental torture (nothing else) in the FIR. Now the charge sheet is going to be filed soon and the case will proceed.
My question is that can she refresh the charges and add new people and new charges in the existing 498a case? Can she now add dowry charges and add my other relatives in the complaint? Is there a clause somewhere in the law where this can be done by her.. If yes, then will fresh arrests be made for everyone?
Please advise.
Jayant
(Querist) 21 June 2012
Can anyone please guide me with the query?
Shonee Kapoor
(Expert) 21 June 2012
Yes, she can levy fresh charges in 161 statement, till CS is filed.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Jayant
(Querist) 25 June 2012
Thank you for the reply.. But can new charges be added once the charge sheet is filed? I have not been in any communication with her for the past 6 months and have been living separately. Can she still refresh the charges?
What should I do make sure that she can't add anything new? Should I ask the police to file the charge sheet asap? She has already made my life hell by doing all this. I even lost my job due to the same and have been unemployed since last 5 months.
Jayant
(Querist) 25 June 2012
Thank you for the reply.. But can new charges be added if the charge sheet is filed? I have not been in any communication with her for the past 6 months and have been living separately. Can she still refresh the charges ?
Dr G V Rao
(Expert) 28 June 2012
Dont touch the Police. They are the root cause of so many problems facing the society. Charges and accusations can also be made during chief examination after 161 statement. So face it and demolish all the false allegations. Be sure that you have a good lawyer. In all probability her lawyer may contact you for a compromise at a cost. That is what is happening in Andhra atleast.
Jayant
(Querist) 29 June 2012
Thank you for the reply Dr. Rao but I'm skeptical that my wife may now include my married sisters both of whom live outstation and are happily married at their respective homes just to cause more chaos. Are my married sisters or their relatives at any risk now as she didn't include them in her first complaint?
Jayant
(Querist) 02 July 2012
Please someone assist and guide me with my query...
Jayant
(Querist) 23 July 2012
Hi,
Please advise on my query. What should i do?
Dr G V Rao
(Expert) 23 July 2012
This law is so draconian and plain stupid that it is open for her to say anything about u or ur sisters at any time.....so please relax and don't panic. the best recourse is to have a good lawyer with u at ur side who can guide u. U have the Court to help u and so allow things to pass by and then the real ground is the floor of the Court.
Jayant
(Querist) 27 July 2012
Thanks for the advise. The chargesheet still hasn't been filed and the case was filed in Jan'12.. I want to register a complaint against her as she hacked my e mail accounts and has misused them. Do you think it will add solidity to my case and put pressure on her for taking the case back?
Please advise.
Dr G V Rao
(Expert) 27 July 2012
My last advice.Dont add to your problems by filing cases against each other. Courts are still not so adaptive to IT based cases. Ur case of hacking and emails all will add to your problems. U have a case against you and u need to fight it. Best of luck.
Jayant
(Querist) 01 August 2012
Thanks again for the advice.. Just one last query. Can you guide me as to how can I atleast get my mother aquitted from this case? She is a old woman and I donot want her to go through this agony.Can I get a quashing done for her from the high court?
V R SHROFF
(Expert) 01 August 2012
Jayant, You created a problem for yourself by filing Divorce Petition before 1.8 yrs.
You have to face your own action, and you also put your relatives in trouble.
You can apply exemption of your mother u/s 205, and she will not be called to appear in Court on every date.
Prepare yourself against Few more action like DV Act, Mtn etc fro your wife side.
In any Matrimonial action, it is necessary to PLAN your attack, otherwise it re bounce, and create problem that add to your suffering, that's what you are facing at present.
Be careful before throwing stone to stone cave ofwife , Husband's home is a Glass house.
Remember You can't harm her or her relatives, but she can.
Think twice before ATTACKING WIFE.
PRE-PLAN & UNDERSTAND CONSEQUENCES.
otherwise WILL HAVE SORRY FACE.
Jayant
(Querist) 03 August 2012
Thanks do much Sir for the advice. My wife is living separately in another state, having a job and we have no kids also. Does it still make a case of DV and maintenance? I lost my job due to her actions and have been unemployed for the past 7 months. I don't intend to take any action against her but what should I do to settle this case? Please advice.
Sudhir Kumar, Advocate
(Expert) 05 August 2012
If you want to settle the case then beg for her mercy. This may be most peaceful.
Please see what Mr shroff has advised. read it thrice.
ajay sethi
(Expert) 05 August 2012
if your wife is working and you are un employed no case for maintenance is made out .
as far as DV case is concerned it is necessary to see the case made out in complaint . contact a local lawyer
Jayant
(Querist) 24 August 2012
Thank you all for the earlier advice. My wife made a transfer petition in Supreme court for the divorce case to be transfered to another state and she has succeeded in doing so. Now I'll have to travel for both the cases to another state. I am still unemployed and have run out of resources too. What should I do? I called her also and asked if this matter can be settled, if she has a resolution to it. She is saying that she has a resolution but is not communicating the same over the phone. She wants me to come personally and hear it. I fear that she may be trying to lure me into another case by meeting me personally e.g. calling the police at the point of meeting and then framing me in another case. Should I take a chance and go or should I avoid it? Please advice
ajay sethi
(Expert) 24 August 2012
no harm in meeting her . always be ready for a compromise
Sudhir Kumar, Advocate
(Expert) 24 August 2012
You asked:-
I am still unemployed and have run out of resources too. What should I do?
Further curiosity
Were you unemployed at the time of marriage or got sacked after being arrested.
You asked:-
Should I take a chance and go or should I avoid it?
Ans : She is witness in the criminal case and you are accused on bail. Such meeting can lead to cancellation of bail. But such meeting may give you a chance to beg for mercy which alone can save you.
Jayant
(Querist) 24 August 2012
Thanks again for the advice. I had to resign after I got arrested. I am really caught up in 2 minds whether to meet her or not. The way she has got the case transfered, it looks like she is in a mood to contest and can create problems for me further. I don't want to get mixed up in another false case. She had said that we can meet up in a public place where there will be people around but I have a doubt. What if the talks don't go well and she calls the police and says to them that I am threatning her with life? She has already demonstrated in the past that she has got no problems creating a public scene. Can the police arrest me there at the spot even though I do nothing? Furthermore, the chargesheet of my 498a case has been filed, can I go for quashing now for me and my mother or should I contest the case? Please advice.
Sudhir Kumar, Advocate
(Expert) 25 August 2012
Can the police arrest me there at the spot even though I do nothing?
Ans : An accused meeting witness even if on public place be arranging meeting (unless both spot each other on chance) with phone call details is itself sufficient to impute intimidation. A sufficient cause of cancellation of bail.
Furthermore, the chargesheet of my 498a case has been filed, can I go for quashing now for me and my mother or should I contest the case?
Ans : That depends upon the merits of the allegation your lawyer can tell you better who has full facts.
Jayant
(Querist) 25 August 2012
But I haven't intimidated her and meeting at a public place is her idea not mine. Anyways since this doesn't feel like a good idea, I will refrain from meeting her now. But please advice me, how should I approach her for a settlement since I shouldn't talk to her or meet her? Her family members are not in touch with us nor is her lawyer. The second thing, will the high court allow me and my mother quashing as the charges are only for mental harassment? Please advice.
V R SHROFF
(Expert) 26 August 2012
Send a Legal Notice , informing, that both of you will like to meet for counselling in his Office, or in presence of common advocate,
Then fix meeting
It will not go against you, and your protected.
It will add your attempt to amicably settle the matter .
Sudhir Kumar, Advocate
(Expert) 26 August 2012
Please consider what Mr Shroff has stated. You need a safe channel to meet so that you can beg for mercy.
Jayant
(Querist) 27 August 2012
Thank you again for all the advice. Just one last thing. I had filed the divorce petition first and then she went ahead and filed the 498a case as a counterblast claiming mental harassment. Are these grounds sufficient for quashing from high court for me and my mother?
Jayant
(Querist) 02 September 2012
The charge sheet has been filed and my wife has accused me of all wrong things. She has claimed that her family gave me dowry (a few lac rupees in cash) and they also bought me a car, which never ever happened. I am seriously considering taking some action against these false accusations. Can i file a case under section irpc 420 against her and her family? How will it help my case? Please advice. I'm fed up of these false accusations and having taken no action against her till now is encouraging her again and again to make more and more false accusations against me and my family.
Sudhir Kumar, Advocate
(Expert) 02 September 2012
First disprove these allegations and get acquittal then think of taking action against them.
Jayant
(Querist) 03 September 2012
Thanks for the advice, but getting out of 498a case will take some time as she will be dragging it un necessarily. I think if I put a case against her family right now, even she will think twice about going further and may try to settle things. What do you think?
Guest
(Expert) 03 September 2012
Dear Jayant,
Probably, you are thinking on a wrong line. However, it is up to your sweet will to put a case against her. BUT, mind it, as soon as you intensify the fight, your wife can be expected to intensify her fight more vigorously, as the family laws go much more in favour of a wife than of husband. I wonder if your own advocate has not advised you appropriately on the issue.
My advice, better concentrate on your defence in 498a case, rather than wasting time and money on frivolous issues to exxagerate and intensify the case.
Jayant
(Querist) 03 September 2012
Thanks for the advice but till what time will I keep laying low and let her do what she wants? Me and my family have had the worst times and we are the ones who have suffered so much with no fault. I am the one who has lost the job, reputation, money and peace of mind. Now I have nothing to lose. These 498 devils should be taught a lesson who think that they can just manipulate the law for their benefit. Let them be dragged around courts and let them face the music. They have put so many bad allegations against me that it makes my blood boil. The worst being taking dowry when I haven't taken even a single rupee from them. Let them come to the court now and prove that they gave me money and a car (which never happened). Let them go to jail for false accusations and giving dowry. What are they going to say, they didn't give dowry? They can't say that as they have written it in black and white and if they say they have given.. let the them prove it (which they'll never be able to do). Let them go to jail now for misleading the court. Even giving of dowry is a crime, isn't it? Why shouldn't I defend myself..
Guest
(Expert) 03 September 2012
Npbody can prohibit you to adopt any course of action in 498a case. Since you put a query, so the you received opinions of various experts. Nobody can compel you to adhere advice of any one except that of your own advocate.
However, I would like to advise you, there is no use in stretching the thread any more over here. better put your arguments in 498a case before the judge.
Jayant
(Querist) 03 September 2012
Thanks again for the advice. Is there a way where I can get the call recordings of my phone which can prove definitive proof of all these allegations being false? What should I do to obtain that, do I need to contact my phone company? Is a court order required for the same and does the court gives such order in 498a cases? Please advice.
Jayant
(Querist) 05 September 2012
Please advice on the query.
Guest
(Expert) 05 September 2012
What your own advocate has advised you on the present issue?
Dr G V Rao
(Expert) 05 September 2012
Totally agree with Shri Dhingra. My sincere request to Mr Jayant is to get on with the case and stop this thread. Mr Jayant is walking into the future with all kinds of plans which may not work out. I had faced such a case and it went on for 9 years and then I got acquittal. So Mr Jayant, u have just put on ur shoes and their is a long distance to walk. Leave everything and go by advice of your advocate. Whatever is suggested here is only to clarify and your advocate may have his own plan to bail u out and may not agree with these suggestions.......Best of luck.
Sudhir Kumar, Advocate
(Expert) 05 September 2012
Resources are scarce due to present unemployment plans are3 big and as observed by expert above may not be workable.
Please do not close the doors of reconciliation. This is the only and biggest hope for a person in situation like you.
You have not explained the facts leading to the seperate in brief period so it is diffult to say that she alone was wrong. Think of reconciliation. Peace is never too costly.
