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Prabal Sarkar (Area Business Manager)     02 March 2015

False 498a

Respected Sir,

My wife and I used to Live at Siliguri. During durga puja we went to kolkata at our home. But after Durga Puja my wife disagreed to come to my house, but some how I convinced her, but my Brother in law threatened me without any particular cause which hurt me. Then I complained about this to my wife when she is at my home, but instead of understanding the situation she start fighting with me in support of her parents. As of now I was financially burdened with some loans which my inlaws sees as a crime. Few days later i.e on 5th Nov'14 my brother in law came to our house taken my wife with him even after my objection, then on 13th Nov'14 they filed a GD at local police stn and filed 498a,406,506,323 against me via sec 156c in the court, though no fir was filed.  After that I took bail and i went to my inlaws house several time to bring back my wife. I requested them , I pleaded them not to destroy my relation but they didn't agree even my wife didnt agreed. Please suggest me what shall I do to bring her back.Now my wife also stopped talking to me. I love her very much they are doing this things due to high ego. My parents also tried to contact them but they are not ready to sit for any discussion. We are from same locality so our society members also tried to come to a conclusion and mend the our relation. but my father in law didnt talked to them about this and asked them not to insist him to talk about this.  So i'm done what shall I do. My father in laws ego should be broken as he is destroying my life as well as my wifes life. Please suggest.



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 8 Replies

saravanan s (legal advisor)     02 March 2015

already she has filed 498a and other sections on you just to harass you and your family members.once if a woman does this its always better to divorce her but you dont take the iniative for filing divorce.let her do it

Prabal Sarkar (Area Business Manager)     06 March 2015

But what if my wife is influenced my her parents and I want to bring her back, can it be justified

Prabal Sarkar (Area Business Manager)     06 March 2015

What legal step should I take. Shall I file RCR

saravanan s (legal advisor)     07 March 2015

rcr is not the best option to go.to get a clear picture about how to deal this situation visit menrightsindia.net

Prabal Sarkar (Area Business Manager)     07 March 2015

Sir there is no FIR filed against me its only a GD at local police station. Suggest how to proceed

Prabal Sarkar (Area Business Manager)     04 August 2015

Dear Sir,

As I've already mentioned that my wife has filed 498 and asked for maintenance of Rs 15000/mnth.As I worked in private company I lost my job and I'm jobless for last few mnths.But still in return I filed RCR to bring back my wife but in reply to that she claimed that her financial conditions are not so that she can contest the case and again demanded Rs 15000 to contest the case and didn't given any clear reply to RCR. What shall I do sir as on 09th Sep'15 the hearing of maintenance is there. Please suggest what to do. Also my parents want to file case against my in-laws but I don't want to. What shall i do please suggest. 

Mahadev   07 August 2015

Prabal ,

                  Understand that RCR even though ruled in your favour can't change your wife's mind and heart if she doesnt want to stay with you . legal rulings cannot force anyone's mind and heart . Generally once a false 498A is filed you should not take your wife back as if tomorrow God forbid any small thing happening to her may invite 498A again and you and your whole family will land up in Jail . Emotions, love are one thing but leading life practically is a different thing . You know your situation better than any of us . Whether its your In laws or brother in law interference if you feel will continue throughout your life then you will not be able to lead a peaceful life. I can understand your sentiments but please don't feel bad .

            Just remember not to take any decision in emotions as more than you it will cost you/your parents/your family a hell to come out of the mess . 

Prabal Sarkar (Area Business Manager)     08 August 2015

Thank You sir for your valuable feedback. 

But sir my parents want to file case against them. Is it proper to file case against them. If so please suggest the steps.


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