Precaution from fake allegation of 498a and etc.
Naveen
(Querist) 25 March 2013
This query is : Resolved
Dear Sir,
Please help that how can I protect my family against fake allegation of dowry and others while my big brother got love cum arranged marriage in Dec’2011,
Because of my big brother’s wife has been giving threats continue to do so and destroy all happiness of family.
Now my big brother is not ready to do anything and want to bear everything. But due to behave of both we all members are under extreme tension and totally depressed also many time she got humiliated us in society also.
I have ill mother and younger sister and don’t want to make them any more irritated even want to protection also.
Please help.
Regards,
Naveen
Adv k . mahesh
(Expert) 25 March 2013
Keep in mind. If 498a is in your fate, nothing in this world could stop it. So main strategy is to keep calm & collect information on their movements. Don´t discuss much about the problem.
Don´t panic & ask your family members not to panic. Make them aware of all these false dowry cases & its motive. For parents & elders false dowry cases will be a great shock. Educate them & make them comfortable.
Never accept the demands of the police for mutual consent divorce with 498a as intimidating weapon.
Adhere the conditions of AB & say good bye to Police station.
Don´t withdraw RCR & make those ill educated girl & her family to run around family court.
It´s for sure, if you hold the fort for 6 months – 1 year, they will definitely come to your terms. You can dictate things as per your will.
NEVER go for Mutual Consent Divorce when 498a case is open.
Keep watching the moments of immediate family members & other family members from the wife side thru contacts or detective agencies. Be sure if a girl is filing a false 498a on her husband means, credibility, moral are very low in her family. Get detailed background about her parents & siblings.
If the girl is employed or eligible for employment, keep a special eye on her moments. It will be very helpful for maintenance case.
Never be in hurry to settle the case with money. The police can do nothing, once u passes the initial ordeals in the police station.
In counseling sessions of RCR case, try to confuse the counselor & wife as much as possible by saying only good things about your wife, even if she had done nothing to you.
If the instigators, brothers, Father in law are in govt job, collect info about their credibility & make a move accordingly. Try to nail them individually by creating problems to them. Nobody will help others, if their own house is on fire.
Uses RTI to its maximum extend. RTI can be used effectively against the members of wife side, if they are in Govt job.
Don´t be in urge to file counter cases. Make slow & steady moves to nail them.
Get the copy of the complaint or charge sheet & read every word in those documents. You can get numerous clues to file counter cases.
Collect evidences to counter the allegations mentioned in the complaint.
Trust that it´s extremely difficult to prove false allegations. So run thru your memory lane & write down all the incidents, fights, arguments happened between u & your wife from the day of your marriage. This will be very helpful in courts & counseling sessions.
Keep a careful watch during counseling sessions in family court as u can get many clues & counter arguments from wife´s statement & counselor´s queries.
Naveen
(Querist) 25 March 2013
Dear Sir,
she is living at matrimonial home right now and makes false stories in the front of public to make us humiliate.
Please advise what type of proof should I aggregate at the best precaution.
Or Can I filed any type of case or action on her before she filing on any case or action against us.
Regards,
Naveen
ajay sethi
(Expert) 25 March 2013
did you raise simmilar query earlier too ?
Naveen
(Querist) 25 March 2013
No Sir,
actually I getting confused to myself.
Thanks to reply,
With best regards,
Naveen
Devajyoti Barman
(Expert) 25 March 2013
Do start lodging GD regularly in local PS.
If you want divorce then file such suit soon, else RCR is another option.
ajay sethi
(Expert) 25 March 2013
ask your brother to contact a local laywer .let him request his wife that thaey both visit a marriage counsellor for resolving disputes
Naveen
(Querist) 25 March 2013
Ok Sir,
let me talk to brother.
Regards,
Naveen
