Suffering from false 498a case
shubham saxena
(Querist) 23 May 2016
This query is : Resolved
hello all,
this is shubham saxena krom kanpur and i'm facing a false charge of 498a, they have also put 406,34 and 3/4 dp in the fir. They are from kolkata. PLz help me, tell me what should i do?
shubham saxena
(Querist) 23 May 2016
a broker advised us the family as, they r from kolkata and girl's mama was responsible for the marriage and the working. On 3rd day after marriage the girl said she doesn't wanted to live with us when asked by my parents she didn't had any answer. I'm the only son of my parents and they didn't asked for any dowry from there parents and they were happy with it. But suddenly after marriage all persons from there family showed there true colors. Mama of girl said that he knew all the procedures coz he in the past also divorced her sister also so he is also responsible of my case. The girl, her mother and her mama is only responsible. The girl have a younger sister also and her father has a business in kolkata and her mother also helps in business.
Please help me my mother is heart patient and she is 62 yrs old and my father is alos 65 yrs old.
Advocate Kappil Cchandna
(Expert) 23 May 2016
Sir,
If you feel that the FIR is false and frivolous then you can go for the quashing of the FIR ....
Warm Regards
Kapil Chandna Advocate
9899011450
shubham saxena
(Querist) 23 May 2016
Thanks Kapil ji for the advice and you were saying about 482 ipc and how can i go for it and from which place it can be done?
SAINATH DEVALLA
(Expert) 24 May 2016
There are no immediate arrests in the above cases unless prima facie is found by the IO.Unless the contents of the FIR filed are known,cannot come to a proper conclusion.
shubham saxena
(Querist) 24 May 2016
The case is filled at kolkata and I live in kanpur.
P. Venu
(Expert) 24 May 2016
Is it only an FIR or the matters have reached the court?
Rajendra K Goyal
(Expert) 24 May 2016
You have to engage some senior lawyer in Kolkata and defend yourself against the charges and prove yourself as innocent.
shubham saxena
(Querist) 24 May 2016
but sir i dnt know anyone there it is a unknown place for me so how i will find a gud n reliable lawyer there.
SAINATH DEVALLA
(Expert) 24 May 2016
U can approach the bar association of the concerned court and U will certainly get a good lawyer to represent U initially.
U can't sit in Kanpur and think about the case in kolkata.
shubham saxena
(Querist) 24 May 2016
thanks Sainath ji for the advice, yesterday i got a call from the police station, he was saying that if i didn't appear in the police station they will issue arrest warrant in my name. I said that neither i'm accused nor the charges are stated by the court so u dnt have any rights to arrest me. After me being a bit tight then he also went slow. I asked for a weeks time to reach there. I have applied for AB in kolkata. Now experts plz suggest me what should i do?
SAINATH DEVALLA
(Expert) 24 May 2016
U have already engaged a lawyer in Kolkota and applied for AB.Then he should take care of U.
U have been comming out with piece meal facts.
shubham saxena
(Querist) 24 May 2016
Thanks Sainath ji for the reply, i had got a link in kolkata a lawyer he has couriered ke the papers n i sent it back with the signature on it. I call him in the morning to inform that the Kolkata PS called me to present there. First he said that i don't have to be there for the hearing on 2nd june but now he messaged me that in this week i have to be there. A bit confused with what i should do in this condition?
SAINATH DEVALLA
(Expert) 25 May 2016
At the first instance let him apply for
AB,if AB is granted then U can attend the hearing.
shubham saxena
(Querist) 25 May 2016
thanks Sainath ji, so until unless AB is not granted should i visit the PS or should i wait for the AB to be granted?
SAINATH DEVALLA
(Expert) 25 May 2016
U have hired a lawyer to represent U,it is his duty to take care of U with his efforts and wisdom.He should enquire the status of the FIR,whether a warrant has already been issued or to be issued in case U don't turn up.He will be the person physically and legally assisting U as U are paying him or already paid him.
shubham saxena
(Querist) 25 May 2016
Thanks Sainath ji, I talked to my kawyer in the morning he said that the police man was just troubling me nothing to worry about and he will send his junior to the PS for more information. And rest he just said that there nothing to worry about and we wil be going in 2 to 3 days to Kolkata. Just wanted to know one more thing that cane we file a case for memtal harassment against them in kanpur?
SAINATH DEVALLA
(Expert) 25 May 2016
OK.. First come out of all these cases and later its UR discretion to file whatever cases U desire.Any wrong step from U at this stage may invite more legal complications.
shubham saxena
(Querist) 25 May 2016
i asked my lawyer in kanpur today that can we file a case for manhani so he said that we can do but i thought of asking the experts here. So should i do it now or later or after coming back from kolkata?
shubham saxena
(Querist) 27 May 2016
Dear all experts can i file a divorce case in kanpur? What if i file a divorce case and can they transfer the case to kolkata will it be of any help?
T. Kalaiselvan, Advocate
(Expert) 28 May 2016
Firstly you do not visit the Kolkata Police station before getting AB. You can visit them and participate the investigation session after getting AB.
If you have planned to file divorce you can go ahead but for that your marriage should have been solemnised in Kanpur or you both should have at least resided in Kanpur.
shubham saxena
(Querist) 29 May 2016
Thanks T. Kalaiselvan ji for the advice, I'm in Kanpur since birth and she altogether lived in my home for max 3 months and i would like to ask that if i file divorce here then can there be any negative thing for me and do i have to pay the girl's family money for cominh here for the case. We are going to kolkata next week can they arrest me on any grounds?
SAINATH DEVALLA
(Expert) 29 May 2016
Kanpur should have been Ur marital home at least for a period of one year for U to file divorce there.First try for AB immediately with the help of a good and efficient lawyer and then go to kolkota.
shubham saxena
(Querist) 30 May 2016
Thanks Sainath ji for the advice, i have applied for AB and the lawyer said the court has given date of 2nd June. Tomorrow my father n me are going to kolkata kalighat PS. What should we talk and how should we takh there. What measures should we takh that we can convince tha IO of Kalighat?
shubham saxena
(Querist) 30 May 2016
And one thing can i file divorce case here after coming back from there?
shubham saxena
(Querist) 31 May 2016
Yes Sainath ji,I've talked to my lawyer he said his junior with me. Bow the point is that what and how should i talk with the IO so that the case comes to our side?
N R Dash..
(Expert) 05 June 2016
You are already advised what to do.
Further, you can file Divorce petition, however, there is very possibility she may get the same transferred to the place she resides.
shubham saxena
(Querist) 06 June 2016
thanks sir ji, i came yesterday from kolkata. the PS people are not listening to us at all. they are not ready to listen a word from us. they are only stuck on saying that u people have all the stuff with u. they are not ready to listen to us. now when wwe were in kolkata the girl has send us the divorce letter under sec. 13(i) asking for all the ornaments back. but the girl has already taken back all the ornaments with her. my lawyer is saying that when we will return the stuff back to them then only AB will granted and the police is misbehaving us also. now what should we do now?
shubham saxena
(Querist) 07 June 2016
i talked to my lawyer yesterday he said that the IO is not listening to him. She is only talking about the gold ornaments which the girl is asking and that too the thing which she has taken along with her and those things also which the didn't given to us. They had submited the false bills also for the things. Now my lawyer is saying that i have to return all the things which i didn't have either.
shubham saxena
(Querist) 08 June 2016
i had talked to a high court lawyer in kolkata and given him token advance for AB. Today morning he is saying that first transfer more money in hie account then he will do anything. I said that first u grant me bail then I have no problem in giving money but first grant me bail.
shubham saxena
(Querist) 15 June 2016
dear experts, i want to ask one thing. Today i met a lawyer in kanpur, showed all the docs he said if she has filed divorce then just don't go on the dates and let then take divorce x party. so my question is that is there any wrong for me if i skip the dates and the divorce is granted x party to them? my first date for sec 13(i) is 2 july and AB is still not granted.
M V Gupta
(Expert) 30 September 2016
The question whether u should remain absent in the divorce case should be decided on the basis of the grounds urged by ur wife for seeking divorce from u. If serious allegations against u are made such as dowry demand, physical and mental herassment, medical grounds such as HIV infection in u, impotency etc, u should not allow the case for divorce un contested as it will damage ur reputation and also have bearing on her 498A case.
Rajendra K Goyal
(Expert) 30 September 2016
You said:
but sir i dnt know anyone there it is a unknown place for me so how i will find a gud n reliable lawyer there.
Reply:
You can send PM to expert Devajyoti Barman, he is Kolkata based and can help you.
You said:
yesterday i got a call from the police station, he was saying that if i didn't appear in the police station they will issue arrest warrant in my name. I said that neither i'm accused nor the charges are stated by the court so u dnt have any rights to arrest me. After me being a bit tight then he also went slow. I asked for a weeks time to reach there. I have applied for AB in kolkata. Now experts plz suggest me what should i do?
Reply:
Try for AB and cooperate investigation.
You said:
i had got a link in kolkata a lawyer he has couriered ke the papers n i sent it back with the signature on it. I call him in the morning to inform that the Kolkata PS called me to present there. First he said that i don't have to be there for the hearing on 2nd june but now he messaged me that in this week i have to be there. A bit confused with what i should do in this condition?
Reply:
You can follow up with your lawyer and believe in him.
You said:
so until unless AB is not granted should i visit the PS or should i wait for the AB to be granted?
Reply:
You should avoid.
You said:
I talked to my kawyer in the morning he said that the police man was just troubling me nothing to worry about and he will send his junior to the PS for more information. And rest he just said that there nothing to worry about and we wil be going in 2 to 3 days to Kolkata. Just wanted to know one more thing that cane we file a case for memtal harassment against them in kanpur?
Reply: First defend the cases against you, do not open new front.
You said:
i asked my lawyer in kanpur today that can we file a case for manhani so he said that we can do but i thought of asking the experts here. So should i do it now or later or after coming back from kolkata?
Reply:
Repeat, First defend the cases against you, do not open new front.
You said:
I'm in Kanpur since birth and she altogether lived in my home for max 3 months and i would like to ask that if i file divorce here then can there be any negative thing for me and do i have to pay the girl's family money for cominh here for the case. We are going to kolkata next week can they arrest me on any grounds?
Reply:
You can file, if other party approach Apex Court, case can be transferred at Kolkata.
You said:
i have applied for AB and the lawyer said the court has given date of 2nd June. Tomorrow my father n me are going to kolkata kalighat PS. What should we talk and how should we takh there. What measures should we takh that we can convince tha IO of Kalighat?
Reply: No comments.
You said:
And one thing can i file divorce case here after coming back from there?
Reply: Yes you can.
You said:
my lawyer he said his junior with me. Bow the point is that what and how should i talk with the IO so that the case comes to our side?
Reply: Your lawyer would guide.
Raj Kumar Makkad
(Expert) 30 September 2016
You stand rightly been replied and rest trust upon your own lawyer.
Rajendra K Goyal
(Expert) 30 September 2016
You said:
i came yesterday from kolkata. the PS people are not listening to us at all. they are not ready to listen a word from us. they are only stuck on saying that u people have all the stuff with u. they are not ready to listen to us. now when wwe were in kolkata the girl has send us the divorce letter under sec. 13(i) asking for all the ornaments back. but the girl has already taken back all the ornaments with her. my lawyer is saying that when we will return the stuff back to them then only AB will granted and the police is misbehaving us also. now what should we do now?
Reply: You should rely on your lawyer.
You said:
Today i met a lawyer in kanpur, showed all the docs he said if she has filed divorce then just don't go on the dates and let then take divorce x party. so my question is that is there any wrong for me if i skip the dates and the divorce is granted x party to them? my first date for sec 13(i) is 2 july and AB is still not granted.
Reply: Take certified copy of the divorce case filed by her, have second opinion.
Raj Kumar Makkad
(Expert) 30 September 2016
Enough is enough. The query be regarded now as resolved.
M V Gupta
(Expert) 01 October 2016
I agree. The chat should be stopped. Experts also should stop responding to further queries posted in this chain.
Guest
(Expert) 01 October 2016
Extremely extended thread with several supplementary questions on a small academic query!!!!!
