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SRI   19 May 2018

False 498

I am a govt employee and got married in August 2016.  My wife filed 498 case against me in August 2017 after leaving my place as she was not liking the pregnancy which was confirmed.  She threatened me with cases and asked me to leave my parents, which I didn’t agree to.  She also got aborted and filed false cases against me with all wild allegations of additional dowry and harassment and included all my family members even though they are not even involved minimally.  She filed DV case also with same contents.  I went through hell for past 9 months as police exploited me like anything and extorted huge money for not arresting me.  Luckily, now I am on anticipatory bail, which the honorable court has granted me owing to merits in my case.  The hearing of these cases has already started.  Now, my in-laws and wife have started drama of mediation for compromise, which I am not interested in as I doubt they might again do this to me and I don’t want to take any further risk, as I am a govt. job holder.    They also might be doing this as they know that all their allegations are fake and I have strong evidence to prove them wrong in court and next time they may hatch more serious and cunning plot against me in a planned way, if I take her back now.  I already showed lot of patience on many occasions, but now I just can’t take this anymore from this woman for whom family life is a joke. I seek clarity on following things, kindly help.

1. Whether I should be good to them and make them withdraw cases first and then file divorce without taking her back or fight the cases in court, as I have all the evidences.

2. Whether I can send her divorce notice while these cases are still pending in court.

3. How to change my lawyer, as the present one is only extracting money from me and is not up to the mark.  I am afraid he might not give all the papers to new lawyer and trouble me if I change.  I feel he is not that serious with my case and I find his approach to be very casual, which might affect my argument in court even though I have strong evidences.

4. My wife might not be interested in divorce and want to trouble me for long, how to handle this.

5. Can I file case against my wife and in-laws for abortion?  It was less than 20 weeks pregnancy.

6. I want to get rid of all this and live a peaceful life, as this is causing lot of mental trauma to me and affecting my job life.  What should be the best course of action in my case.



Learning

 5 Replies

Helping Hand ! (Advocate )     19 May 2018

Best is to compromise with opposite parties and take mutual divorce and end the matter. I disagree with any one who will suggest you to fight these cases.  They are all life consuming and will finish your life.  Money can be earnt again, not life.

Kumar Doab (FIN)     19 May 2018

One should attempt to stay away from litigation as much as possible.

If IT becomes unavoidable then one should face IT as lion hearted.

 

Have you, elders from both sides, mediators, well wishers, sharp counsels, shrude negotiators……not tried to save the marriage? If IT can be done successfully IT is the best option.

If differences can be creased, and marriage can be saved nothing like IT.

If litigation can be avoided and matter can be resolved amicably and troubled wedlock can be ended by MCD IT is 2nd best option…

 

If nothing is possible despite all efforts and matter is sure to land up in PS, courts of law then you need to become properly informed and have your unshakable witnesses and irrefutable evidences and a very able counsel to guide and defend you. You need to build rapport and goodwill with bosses and authorities so that they consider your hardships and are gentle and considerate while looking into rules.

At the same time you must not be into a situation where authorities also convey that their hands are tied with rules (Conduct and Discipline Rules) and your hands get tied by police officials and you are in custody…

Kumar Doab (FIN)     19 May 2018

Whatever you have posted point to cruelty.

Approach a very able senior LOCAL counsel of unshakable repute and integrity specializing in Family matters and having successful track record ….. and worth his/her salt …for help and guidance.

If the counsel (Criminal matters) that helped you to get bail specializes in Family matters you may engage him/her or find another very able counsel as already suggested.

If your lawyer is not able, change and never engage again.

If your lawyer is not serious, change and never engage again.

If your lawyer is unwilling or casual, change and never engage again.

If your lawyer is colluding, change and never engage again and make such Lawyer popular in communities.

Spend quality time in finding a very able counsel.

 

Your own counsel very able counsel can take care of the file/docs from old counsel and also advise you further after examining the irrefutable evidences that you have as per your post.

Find successful PIP’s at your location and gain from their experience.

Kumar Doab (FIN)     19 May 2018

There are many portals for situations spouses face like you.

You can visit them and become properly informed.

Hazard of harassment in contested divorce cannot be ruled out.

As a suffering spouse you must have evidence to contest and nerve to face and save your job and come out clean in all cases and support and guidance of very able counsels and PIP and elders of the family, well wishers, friends, colleagues, relatives, society, NGO’s, bosses/employer, unshakable witnesses, irrefutable evidences… patience, resolve and money to pay the FEES and maintain yourself..

If you have NONE avoid rushing and running to Lawyers and Courts (empty handed) and become properly informed and prepare for peaceful life in future.

Aman chawla (DELHI HIGH COURT ADVOCATE)     19 May 2018

Originally posted by : SRI
I am a govt employee and got married in August 2016.  My wife filed 498 case against me in August 2017 after leaving my place as she was not liking the pregnancy which was confirmed.  She threatened me with cases and asked me to leave my parents, which I didn’t agree to.  She also got aborted and filed false cases against me with all wild allegations of additional dowry and harassment and included all my family members even though they are not even involved minimally.  She filed DV case also with same contents.  I went through hell for past 9 months as police exploited me like anything and extorted huge money for not arresting me.  Luckily, now I am on anticipatory bail, which the honorable court has granted me owing to merits in my case.  The hearing of these cases has already started.  Now, my in-laws and wife have started drama of mediation for compromise, which I am not interested in as I doubt they might again do this to me and I don’t want to take any further risk, as I am a govt. job holder.    They also might be doing this as they know that all their allegations are fake and I have strong evidence to prove them wrong in court and next time they may hatch more serious and cunning plot against me in a planned way, if I take her back now.  I already showed lot of patience on many occasions, but now I just can’t take this anymore from this woman for whom family life is a joke. I seek clarity on following things, kindly help.

1. Whether I should be good to them and make them withdraw cases first and then file divorce without taking her back or fight the cases in court, as I have all the evidences.

ANSWER- Sir it's your choice if you want to wait then wait, but if you do not wish to live with her anymore you can file divorce straight away. (But before taking any step for Divorce, i would suggest you to please sleep over it, because its a one way as if you opt for divorce then there is no back way. 

2. Whether I can send her divorce notice while these cases are still pending in court.

ANSWER- Sending notice will not cause you any harm. 

3. How to change my lawyer, as the present one is only extracting money from me and is not up to the mark.  I am afraid he might not give all the papers to new lawyer and trouble me if I change.  I feel he is not that serious with my case and I find his approach to be very casual, which might affect my argument in court even though I have strong pieces of evidence.

ANSWER- Sir if you have strong evidences then no one can win over your evidences, and if you don't trust your lawyer anymore, i would suggest you to please change him right away.

4. My wife might not be interested in divorce and want to trouble me for long, how to handle this.

ANSWER- Sir if you want to live with your wife please file restitution of conjugal rights petition U/S 9 of H.M.A in competent family court.  and if you do not wish to live with your wife, i would suggest you to file divorce.

5. Can I file case against my wife and in-laws for abortion?  It was less than 20 weeks pregnancy.

ANSWER- Will not affect anything.

6. I want to get rid of all this and live a peaceful life, as this is causing lot of mental trauma to me and affecting my job life.  What should be the best course of action in my case.

ANSWER- Ask your wife for one time settlement (Best way to get rid away from all these faltu ki tention.

 


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