kunal 21 May 2015

498a how to start the fight ?

Hi all,

Got married for 3 years, from the beginning wife and her family members are not respecting me.latter only i came to know that they are behaving like this because of these laws(498a/dv/child/..)
To them its like Do what i say or suffer. really its a mental torture
we are living separately only.She don't want my parents to come and also i should not take my kid to them.This is the problem.
wife ran away two times with my kid without telling me.Now wife and my kid is with her parents place.
Still no case is filed but i cant believe these people.They got no value for family.One time one of her family member openly said that he will false case against me.i am in a helpless situation.
How i can proceed now ? I want to come out from this mess
1.RCR ? (they will file 498a/dv...)
2.Mutual Consent Divorce (Will it work ? becaus def they will file all the cases on me and they will ask huge amount)
3.i am planing to have a talk with them, i am sure they will put a lot of condition,even if i take her back also definitely i cant believe them.The same thing will happen again
4.Fight 498a and come out of mess ?
5.If 498a or dv proven false , is it possible to get child custody ?
6.I am sure they have to tell lot of lies but definitely they can't prove with evidence.I heard in most of the cases judges dismiss the case by telling "lack of evidence " is it true ? If it "lack of evidence" then fight is not work right ?
Please suggest on this , i am completely helpless

How to start

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26 Replies

bsrao 21 May 2015

Not worth it. Weigh other options.

Dr J C Vashista (Advocate) 22 May 2015

File a case of divorce through a local lawyer, if you have failed in amicable settlement.

lucky81 (NA) 22 May 2015

I am not a lawyer.

First thing be strong, it is a long fight so don't panic. First question you want answer yourself is whether you want to continue this relationship the way it is today. If you are answer is no then:

1. start recording every conversation and you will be able to capture the cruelty. Keep all the original recording. Don't copy, cut and paste. The original is what makes your case stronger.

2. Read the forums and how people struggled and what were the challenges.

3. Once you have sufficient evidences go ahead and file a complaint in mahila thana and send a copy of the complaint to the thana where you are resident. Mahila thana will arrange the counselling. Also, ask your in laws to report the behaviour of the girl famliy in their thana as well. Couselling is to make efforts to sort out the problem

4. Remember evidence is for worst case scenario where they file case.

5. Don't travel to relatives place with the girl and avoid bringing your family at one place with the girl.

1 Like

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 22 May 2015

Don't file RCR or Divorce now. Go for Speedy Trial frist to dispose of 498A.

Please read each of my posts carefully in the following links for sample petitions and other necessary clues.

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

2 Like

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 22 May 2015

If you file divorce then she will file sec 24 HMA for maintenance. You must show jobless or vary low income not more than 5000 per month. Else you will be in deep trouble.

Please follow my each posts carefully.

Biswanath Roy (Advocate) 22 May 2015

Take a sleeping pill at bed time and have a good sleep till any untoward incident happens.

kunal 23 May 2015

Thanks all for your replies. really helpful

I read many post and finally came to know that i should not go to police or court. I have to wait for them to come and file case then i have to fight.I guess thats the only option possible.

any more views ? or ideas.please share it will be helpful for many

richardjohnson 23 May 2015

Originally posted by : lucky81
	I am not a lawyer. First thing be strong, it is a long fight so don't panic. First question you want answer yourself is whether you want to continue this relationship the way it is today. If you are answer is no then: 1. start recording every conversation and you will be able to capture the cruelty. Keep all the original recording. Don't copy, cut and paste. The original is what makes your case stronger. 2. Read the forums and how people struggled and what were the challenges. 3. Once you have sufficient evidences go ahead and file a complaint in mahila thana and send a copy of the complaint to the thana where you are resident. Mahila thana will arrange the counselling. Also, ask your in laws to report the behaviour of the girl famliy in their thana as well. Couselling is to make efforts to sort out the problem 4. Remember evidence is for worst case scenario where they file case. 5. Don't travel to relatives place with the girl and avoid bringing your family at one place with the girl.

I agree with him. It is all depend upon you. You hav to decide you want to finish this relationship or not. If yes, then you need to collect the stronger evidence to fight 498a and then file the divorce.

SAINATH DEVALLA (LEGAL CONSULTANT) 23 May 2015

Kunal this is UR seventh similar query posted during the past 20 days.What do U actually require from the forum, knowledge or legal solutions.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 23 May 2015

Mr. Roy Sir,

How sleeping pill will work did not understand.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 23 May 2015

Mr. Roy Sir,

Did you do MBBS also?

Biswanath Roy (Advocate) 23 May 2015

Its very easy, it is a small sedetive tablet, easily assimilable but has a superb action for a good deep sleep all over the night to make one free from agony , mental depression and anxieties. I confide upon "where there is a will thereis a way".

Biswanath Roy (Advocate) 23 May 2015

To understand the character and action of sleeping pill/tablet one need not to take up a laudible task of studying M.B.B.S. Its action knows every body even a counter salesman of a medical store.