How to come out of the fake 498 act (dowary case)
Eshwer
(Querist) 27 February 2013
This query is : Resolved
Hi,
My brother is got married 2.5 years back at A.P. Whereas he is settled at M.P. After the marriage sister in laws behavior was not good with the family an always ask to go to the mother's house. My family and brother was fulfilled whatever she required. During this time she got pregnant and for delivery again went to the mothers house where my brother blessed with baby girl. And after delivery she was not returned back to the house and said she don't want to come back. We tried to convenience her and her family also but that was not work our. So some how we went with some of relative and there relative also and tried to convenience after 1 year she agreed to return back with the baby. After the return back again she started to her attitude. Now demand was she dont want to stay with mother in law and father in low whose age is now 61 and 56 yrs. But brother was not accepted the thing. then she started crying and hunger strike and asking to go back to her mother house. So my parents Hardly took decision to make them separate. So they make convenience to my brother also due to the small baby coz if she took that baby to again to the her home town then the baby's life get spoiled. For make separation all needed things are provided by parents. and make them settled to other city where my brother is working which is 50km distance only from my home.(Normally my brother was doing up and down daily). After that also my sister in law not stopped. and always shouting and started to crying without any reason. Even after that also my brother only cooking for morning evening and feeding to the baby and going for the office after coming back again feeding to the baby. And after on month when my brother went to the office behind him my sister in law let the small baby in house alone and went to her mothers house. when baby wake up she started to cry the house owners check the house mother was not there so the called to my brother then he come back from the office sudden and took that baby and came back to my mother fathers house and after giving the baby he FIR to the missing of my sister in law. After to 2 days we got information she went to her home A.P. and next day she FIR against the whole family for 498 dowry act and said that all was beating her and not giving the food and took baby from her and throw out of the house due to the dowry. Some how we tried the anticipatory bail and we got success to take for family not for brother. At last brother was surrender to the police and get the bail. Now the case is going in the court. For hearing whole family needs to go. After 2-3 hearings judge allowed to attend any one of the person during to the hearing not required for all after seeing my mother and fathers age and condition. So now again one more case put by my sister in law for maintenance of her every month.
So i want to know how can we come out of this case as soon as possible. And in which case the maintenance will not be payable.
Please suggest
Thanks In Advance
Eshwer N
Devajyoti Barman
(Expert) 27 February 2013
Truly speaking there is no short cut way to end the litigation.
The more false the proceedings would be, it would be more easier for you to come out innocent.
Do take bail in 498A case and then go for quashing.
ajay sethi
(Expert) 27 February 2013
wife has left house on her own accord . file case for RCR . if wife deserts her husband without just reason she cnanot be entitled to maintenance . you have not mentioned whether wife is working or not .
as far as 498A case is concerned fight case on merits . quashing is not easy .
try to arrive at an amicable settlement and for divorce by mutual consent
