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Manish Mulani (Consultant)     06 March 2014

Advice needed for false 498a case.

Hello Sir/ Madam,

         There had been case of false 498A in our family by my sister in law. My brother is a doctor. Her Motive is to separate him from our family. Fortunately some big heads came on day of event and saved us from Police and hence from 498A case. Now we called girl's family to make her understand and hence we sent her home in Vadodara. 

Now we have set condition for girl to disclaim all charges that she put before police before coming our home. As such there is no 498A case but socially our dignity has been thrashed and hence we need girl and her family to disclaim charges before our community members and then come home.

Girl and her family disagree to that point and are pressing us to take girl home without admitting any faults with which we don't agree.

Dear Experts, pl advice what we shall do.

Thanks,

jagdish

 

 

 



Learning

 6 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     06 March 2014

fight the case on merit or settle the matter amicably.

Manish Mulani (Consultant)     06 March 2014

Hello sir,

     Thanks for your advice, as such we have no issue in bringing girl home but are afraid that she may repeat the past again. Moreover, girl is quarreling without any reason with family members so that we ourselves separate her but we don't wish to do so. We want to remain in united family since it is already small.

Any legal advice for imposing some conditions/ clause on girl and her family during compromise so that she is prevented to do things again.

 

Thanks,

JK

 

victimhusband (manager)     06 March 2014

Dear sir,

i got married in 2006 .i am having two kids (2007,2009) , after 6 years of completion of my marriage life me and my wife have so much misunderstanding started fighting.

She went out home on  june 2012 to her house. after some days  she filed a false dowry  case in police station,but police scrolled her and their family and leave us .she got all their property ,things and jewels back to her home.

then she wend canada for her career (she is a software engineer).  she left two kids to mother  house. i decided to give talaq (as muslim religine ). i given talaq notice to her through mail.as per our religin i given settlement to her.but she not taken settlement money.

after some days she came back and filled a false DVA case .after separation of 1year and 3 months she filed false case against  me and my family all members (father ,mother,brother,sister) asking that for every month 50 thousand and 25 lacks for jeevenamsam. .after 3 hiring i counter filled after that she will not appear in court for 4 times (4 hirings) .

1.I need why their not coming for hiring in court is their any some other activity will she do?

2.how many hiring will take court to consider for dismiss the case?

3.after separation 1.8 year gone then how i proceed further?

4.is there any possibility of she go for some other case ?

please suggest me to for the smooth relive from my wife.pls.

victim husband.

T. Kalaiselvan, Advocate (Advocate)     06 March 2014

@Manish Mulani:  It is better to bring her back into your house if she realizes her mistake and is ready to withdraw her complaint with the police pending u/s 498a, instead of making it a big issue which may again drive her to seek the legal solution to the problem because as you people are afraid of recurrence from her side, she may also apprehend same fear in her in laws house for the adverse impact and attitude towards her by you people keeping in view of her past deeds.  Thus, it is always better to warn her parents to instruct her to not indulge in such activities in future and take her back to your home instead of going behind your egos on the subject.

 

@victim husband:  Your lawyer should take up the case with the judge insisting it to be dismissed owing to her continuous absence for hearing.  You can very well contest the case on merits because hers is an after thought case moreover she is employed with handsome salary, she will not be eligible for maintenance.

victimhusband (manager)     07 March 2014

hello sir,

thanks for your advice,

1.how long time take the court to dismiss the case while her subsequent absence .

2.is there any legal law is there to me meet my childrens.

3.is any further legal threatening is possible from her side.

pls suggest further for my queries.


victimhusband.

 

Manish Mulani (Consultant)     07 March 2014

Hello T. Kalaiselvan sir,

             Thanks for your advice. Girl and her family is ready to accept their mistake regarding 498A and our defamation in police but they are not ready to apologize for charges they put in police station like DV, dowry, torture which we have never done. 

Do you still suggest to bring her home without accepting those false charges or there can be some legal way to make them accept those false charges?

Your valuable advice awaited.

Thanks,

Manish

 

 

     


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