498a 3&4dp act without marriage

rajesh (Querist) 22 June 2015 This query is : Resolved
Hii iam Rajesh 24 years old been in a living relationship with a girl age of 34 for an year in 3different houses in hyderabad starting wen I was with her she said that her age is 21 after 9months I came to know about her age is 34 I completely ignore her for 3months she filed fir 498a case against me is there anny chance that 498 vl become a rape case ?from past five months I didn't have any physical with her moreover I came to know that she is a wrong girll please give me a best suggestion sir can I take action against her for filing false 498?

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rajesh (Querist) 22 June 2015
Please help me out how police can accept 498 without marrriage moreover police is saying to stay with her I said no I went 5times to station they didn't even arrest me doing timme pass

Devajyoti Barman (Expert) 22 June 2015
The police may verify the factum of marriage before starting investigation. So co-operate with Police on this account.
Long cohabitation amounts to marriage on which basis 498A case can be filed.
So if you can show that this was mere casual relationship with consensual sex then 498A would not be applied.
If 498A applies then no case for rape will apply.

rajesh (Querist) 22 June 2015
I have cooperated with the police its been 2months she didnt produce any documents which supporting her marriage for me is that required to take the bail through court?

rajesh (Querist) 22 June 2015
they already came to know that its a casual relationship with consensual sex.now wat action they can take now..moreover my advocate wrote letters to higher officials...now police are calling me to come to police station for investigation..shall i go? iam out of station my job also lost because of this false case i spent 1 and half monnth in hyderabad absconding job

rajesh (Querist) 22 June 2015
she made my life totally miserable..!!!!!!!!

Rajendra K Goyal (Expert) 22 June 2015
Agree with the expert Devajyoti Barman.

rajesh (Querist) 22 June 2015
Iam not getting any clarity she has the right to file 498?

rajesh (Querist) 22 June 2015
Sir please give me a best solution shall I switch off all mobiles of mine?

rajesh (Querist) 22 June 2015
If I prove that I already married....i mean fake marrige proof

Guest (Expert) 22 June 2015
Good joke, if you could not identify the difference of age of 34 and 21 of the girl!

Your story is quite unconvincing. You have already hired services of an advocate. So, your question to the experts of this forum, "if I prove that I already married....i mean fake marrige proof," seems to be another joke, if you consider the lawyer of the opposite side merely as an idiot.

If the problem is real one, have not you asked these questions to your own advocate? If yes, what he advised you about the case? If not, any reason for not asking for such questions to your own advocate?

rajesh (Querist) 22 June 2015
He said that complainant lady will get down a bit nd if she prove the living together also there willl b no scope of giving maintaince to her..

rajesh (Querist) 22 June 2015
Even iam not getting the perfect solution from my advocatte

rajesh (Querist) 22 June 2015
So how I need to proceed please give me the best solution please I beg u ppl unable to search for other job totally my mind going out of the box how can I get out of these

Rajendra K Goyal (Expert) 22 June 2015
You should accept that you have done wrong and may face the music till some good lawyer succeed to save you.

Amicable settlement is another way.

rajesh (Querist) 22 June 2015
But she demanded me 15lakh I cannot afford that not even 5l where my family have a house which is of my mother name..right now no job pathetic situation orelse she need me it seems as a husband forever age doesn't matter but she is a wrong girl nd I don't want to spoil my life after knowing lot about her moreover medically proven she vl not get pregnant anymore

Guest (Expert) 22 June 2015
Change the advocate without any delay, if you feel that you are not getting the perfect solution from your advocatte

rajesh (Querist) 22 June 2015
Changed 2advocates finally through my friends contact able to contact Bombay high court lawyer as if now...

498a 3&4dp act without marriage

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