Joz 06 January 2017

Sppedy trial for 498a

Respected Laywers,

I and my parents have been accused of 498a and 3&4 DP. in the month on May 2015.

Here is the brief history of my case.:-

In the month of Oct 2014 I caught my wife for doing adultery, to which she confessed. (I have kept recording of her confession.) Out of this wedlock we have one daughter. Also at that time she was pregnent. She begged to me not to tell anyone in her family and she will give me divorce. So to save her image and future concern of my daughter i agreed for Mutual Consent. After her deilvery in Month of May 2015 she came from her parents house (Gudivada, AP) for filing Mutual consent at Bangalore Family Court. As per the agreement between both the First daughter was with me and she took the 2nd daughter with her to her parents house. In the month of Aug 2015, she contacted me and told me she gave 2nd child to her far relatives (as they did not had child for 13yrs so they wanted to adopt). She told me her parents are torturing her as what exactly has happened. When i told her I will reveal the truth then she told me If i give her back my 1st Daughter then their parents wont say anything. So after a long thought and seeing health condition of my parents (who were helping me to take care of my daughter) gave my daughter to her in the month of Oct 2015.

In Dec2015 was our first hearing, which she did not attended. Next date was given in Feb2016, which she attended. Immediately our case was reffered to Medeation after 2 days, which was attended by both. Mediator convinced for the divorce, however asked for assurity of child upbringing, so I agreed to make 5lac FD on her name. After that next hearing was on Apr2016, but she did not turned up.

In the month of May2016 I got a call from Machlipatnam police station that my wife has filed 498a aginst me and my parents and requested me to come to the police station. My father hired a lawyer from that place through some reference (which i felt was incapable). In June Police came to our house in Bangalore and served notice and told us to meet DSP. So went on the same month. At police station my wife was accompanied with her parents and 3 relatives (Mama's). When i was about to narrate whole incident, Police Constable told me to keep aside all the complaint and told me to give some money to my wife, so that she can take care of daughter and also she will come and sign the divorce in Bangalore. I told i already agreed for 5lac FD, i cant pay more than that. Even my lawyer was advising me to pay some money and get rid of this case. I said i need some time to think, so they gave me 2 weeks of time. One of my friend advised me to consult his Friend who happens to be High court lawyer. The HC Lawyer advised me to go for Quash in HC in Hyderabad. I applied for the same, but HC passed order for No arrest, however to investigate the matter. Again police called me after 2 weeks what decision i have made. I told them to proceed filing chargesheet and tld them that due to my parents health condition i wont able to come to police that week, however I will be available for the investigation pupose whenever they require. for a month there was no response. In Aug2016 Police constable called me and said they have filed chargesheet and soon Ill receive notice from the court. In the meantime here in Bangalore court I withdrew the Mutual consent petition. In Nov2016 i received notice from Machlipatnam court for Maintenance (Sec 125). I went but due to the increase number of cases my case was transfered from Court-1 to Court-2. And i got date for 8th Dec 16. I went but the Judge was absent so i got another date on 20th jan 2017.

I have appointed a lawyer in Machlipatnam and provided him all the evidences (Whatsapp Chats, Phone recordings, Phone messages) i have gathered. Still he is telling me this case will take atleast 2 years and I have to pay some amount to my wife and my kid. I Also asked him to check the status of 498a, he said chargesheet has been received by the court, however case number has not been assigned yet.

Respected lawyers please advise me, what I can do to speed up my case. As Im very much mentally depressed with falses framed by my wife to which i have supported her for her mistakes. Also Im not able to get good advise from the current lawyer. Do i have to appear Machlipatnam for every hearing? Its really pain to travel in middle of my Job. How I can speed up this case? How I can know the status of 498a? I really want to fight for the false charges framed against me, as i have all the evidences against her. Do i have to give maintenance to her? Can i get custody of my daughter? Can i file any counter case on my wife and her parents?

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3 Replies

adv.bharat @ PUNE (Lawyer) 06 January 2017

The court proceeding will be done according to the set procedure of law.

Wait till honerable court give final order.

(Guest)

Originally posted by : Joz
	Respected Laywers, I and my parents have been accused of 498a and 3&4 DP. in the month on May 2015. Here is the brief history of my case.:- In the month of Oct 2014 I caught my wife for doing adultery, to which she confessed. (I have kept recording of her confession.) Out of this wedlock we have one daughter. Also at that time she was pregnent. She begged to me not to tell anyone in her family and she will give me divorce. So to save her image and future concern of my daughter i agreed for Mutual Consent. After her deilvery in Month of May 2015 she came from her parents house (Gudivada, AP) for filing Mutual consent at Bangalore Family Court. As per the agreement between both the First daughter was with me and she took the 2nd daughter with her to her parents house. In the month of Aug 2015, she contacted me and told me she gave 2nd child to her far relatives (as they did not had child for 13yrs so they wanted to adopt). She told me her parents are torturing her as what exactly has happened. When i told her I will reveal the truth then she told me If i give her back my 1st Daughter then their parents wont say anything. So after a long thought and seeing health condition of my parents (who were helping me to take care of my daughter) gave my daughter to her in the month of Oct 2015. In Dec2015 was our first hearing, which she did not attended. Next date was given in Feb2016, which she attended. Immediately our case was reffered to Medeation after 2 days, which was attended by both. Mediator convinced for the divorce, however asked for assurity of child upbringing, so I agreed to make 5lac FD on her name. After that next hearing was on Apr2016, but she did not turned up. In the month of May2016 I got a call from Machlipatnam police station that my wife has filed 498a aginst me and my parents and requested me to come to the police station. My father hired a lawyer from that place through some reference (which i felt was incapable). In June Police came to our house in Bangalore and served notice and told us to meet DSP. So went on the same month. At police station my wife was accompanied with her parents and 3 relatives (Mama's). When i was about to narrate whole incident, Police Constable told me to keep aside all the complaint and told me to give some money to my wife, so that she can take care of daughter and also she will come and sign the divorce in Bangalore. I told i already agreed for 5lac FD, i cant pay more than that. Even my lawyer was advising me to pay some money and get rid of this case. I said i need some time to think, so they gave me 2 weeks of time. One of my friend advised me to consult his Friend who happens to be High court lawyer. The HC Lawyer advised me to go for Quash in HC in Hyderabad. I applied for the same, but HC passed order for No arrest, however to investigate the matter. Again police called me after 2 weeks what decision i have made. I told them to proceed filing chargesheet and tld them that due to my parents health condition i wont able to come to police that week, however I will be available for the investigation pupose whenever they require. for a month there was no response. In Aug2016 Police constable called me and said they have filed chargesheet and soon Ill receive notice from the court. In the meantime here in Bangalore court I withdrew the Mutual consent petition. In Nov2016 i received notice from Machlipatnam court for Maintenance (Sec 125). I went but due to the increase number of cases my case was transfered from Court-1 to Court-2. And i got date for 8th Dec 16. I went but the Judge was absent so i got another date on 20th jan 2017. I have appointed a lawyer in Machlipatnam and provided him all the evidences (Whatsapp Chats, Phone recordings, Phone messages) i have gathered. Still he is telling me this case will take atleast 2 years and I have to pay some amount to my wife and my kid. I Also asked him to check the status of 498a, he said chargesheet has been received by the court, however case number has not been assigned yet. Respected lawyers please advise me, what I can do to speed up my case. As Im very much mentally depressed with falses framed by my wife to which i have supported her for her mistakes. Also Im not able to get good advise from the current lawyer. Do i have to appear Machlipatnam for every hearing? Its really pain to travel in middle of my Job. How I can speed up this case? How I can know the status of 498a? I really want to fight for the false charges framed against me, as i have all the evidences against her. Do i have to give maintenance to her? Can i get custody of my daughter? Can i file any counter case on my wife and her parents?

You simply kept wavering without any rhyme or reason. That’s the main reason why you are in so much problem. At least now I just hope you have settled down in your mind. In my 16 years career of handling matrimonial disputes, only 3 times I have come across cases like yours where person does not even know what he wants. This is very dangerous thing.

You have simply let the horse loose and now you will just have to wait long time for cases to get over. One problem with speedy trail requests to HC is, HC will order for speedy trial, LC will also conduct trial on day to day basis and pass some order, but this again gives scope for wife to go for appeal and again cat and mouse game will start from A, B, C D…

It is best that you wait for case to go on its own pace. Or simply throw some more money for the utter foolishness that you have exhibited in front of your wife, as a punishment for yourself and get her to agree to take back cases that she has filed and also give you divorce via mutual consent. Once you caught wife redhanded commiting adultery you should have finished matter then and there. That was mistake no. 1. Another mistake is agreeing to give your child to her as you yourself could not take care of the child. That too girl child you gave off to such a woman, only God knows how good will be her upbringing. And sad part is you are in more problem than before, and she is jolly well sitting somewhere else. Just have patience and wait.

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