False 498a, dv, section 3,4 on me and family
vij
(Querist) 14 May 2016
This query is : Resolved
I have married 2.5 years back. we were together for 1 year. We were lived separately from my family.
after one year due to some family issue she left from my house. Since then me and my wife are staying separately.(from the last 1.5 years)
I tried many times to bring back her. but her parents did not allow me to speak and get back her.
Now she filed 498a, DV and section 3, 4 on me and my family. Also She filed section 354 on my brother.
Initially they spread rumor that I am impotent, when I gave a strong reply they stopped that.
Now My Wife, wife's mother and brother was spreading a rumor that I have an affair with my own sister. We have audio recording evidence for that.
I have below questions.
What counter cases I/my sister can file with above recording evidence.
She never stayed with my family. how can I exclude my family from the case.
How to get my brother out from section 354 case
Do I have any issue If she want to comeback and If I wont accept as she failed false case.
If she want to return back, and I accept,.. what all the precautions I need to take care to avoid future false case filing.
Can I say that, I cannot take back her until the case is closed.
Thanks
vij
Ajay Bansal
(Expert) 14 May 2016
Not proper to put such a bulky query here. Contact any good lawyer of your area.
Rajendra K Goyal
(Expert) 14 May 2016
You say : What counter cases I/my sister can file with above recording evidence.
Reply: Discuss all facts with your lawyer.
You say : She never stayed with my family. how can I exclude my family from the case.
Reply: Police may exclude during investigation.
You say : How to get my brother out from section 354 case
Reply: Discuss facts with your lawyer.
You say : Do I have any issue If she want to comeback and If I wont accept as she failed false case.
Reply: You may try to save marriage. Ask her to withdraw all cases first.
You say : If she want to return back, and I accept,.. what all the precautions I need to take care to avoid future false case filing.
Reply: legally not possible.
You say : Can I say that, I cannot take back her until the case is closed.
Reply: Yes you may say.
Devajyoti Barman
(Expert) 14 May 2016
Without knowing the contents of your case no advise on merit of the case can be made. Quashing is an option but it is rarely allowed.
vij
(Querist) 15 May 2016
Thanks to all for your valuable suggestions...
vij
(Querist) 18 June 2016
Section 354 is removed on my brother as there is no evidence.
Now can we file any defame/other cases against my wife/family.
