498a against CRC noticed

Originally posted by : Biswajit Saha
	My wife is not staying with me from last 25th July 2018,today 19.12.18 she send me legal letter from her advocate end, where she makes false aligation of dowry, mental and physical torture etc etc... Last line was that my wife is in mental trauma and living with hardship in her parental house, if I am not clear my intentions within 15 days from today 19.12.18,she move to court... In between I have already send a letter through my lawyer in form of requesting mode that, come back home within 15 days. May be it will reach to her by today or tomorrow. Now I want to know, in my case, she can file FIR under 498a after receiving my letter???? Please advice...

 

Your letter is useless and nothing to do with 498a.

Filling FIR is her legal right and you cannot stop her. Even if she comes back she has full right to persue her case.

 

What would be my steps to avoid 498a,she is asking huge amount for mutual divorce, I am unable to pay this due to my present financial condition and responsibility of my Sr citizen father, mother and grandmother, I am only earning for my family... What are the steps if she lodge 498a case... Her parental home near about 300km from my house...

The spouse ( and any citizen for that matter) that wants to agitate can approach state and court.

This right cannot be infringed upon.

HI,

if she wants to file 498a, no one can stop  her. You should know what to be doneif case  is filed. Once she lodged complaint in police  station, police calls you for counselling. They will try to do patch up in 3 counselling, if not succeed they will file case. Hire a good lawyer immediately, apply for bail. Station bail is  also  available in 498a case. After  that  case goes for years. 

First thing what you do is start gathering all  proofs. like

1. pics taken  when you both are in happy situation

2. If you buy any gold or valualble things for  her, collect receipts.

3. whenever she scold you or send bad  messages, collect all of them.

Collect as many as evidences, it will be useful for her.

Remember one thing,  it  is her responsiblity to prove the allegations. It is not so easy to prove false allegations.

Be confident. never  give  up. All the best

well said @rihan

After send a condemn letter by my lawyer that her aligation are false and febricated, my wife lawyer send another letter to my lawyer, where he asked on behalf of my wife about my intension... So my lawyer replied the same that I want to continue married life with my wife..... Last letter received by my wife on 21/1/19... Three days back my wife send a letter through her lawyer that she wants to continue married life with me if I return back from her parental home..
There were bitter experiences with me my mother in law and brother in law mentaly harassed me when I try return back my wife on 29.7.2018....

So I want to know what I do now???
My wife wants to return home, what kind of protection I can get to protect my family... My father, my grandmother all are Sr. Citizens, my mother 58yrs old, only three persons in my family except me and my wife.... But my mother in law provoking my wife to do separate from my family....
What would be my step????
Please help me