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Yoonuse (a)     12 September 2010

False 498a/ 323 case...Urgent Help

Dear All Experts… • My Marriage was happened on August, 2008 as per Muslim Islamic law by giving mahar to girl. I have not accepted any dowry. I have never used her gold, etc for any • • I’m engineering degree holder, working in abroad. • • I’m physically challenged person with 50% of disability in my right leg. • • I have son Age 1 year 5 months. • By full faith of the wife father & her relatives attitude & words we have proceeded the marriage proposal. • Wife ,her father , her mother, her relatives, her jamath (Mosque Authority where Register maintained for muslim Marriage) has deliberately cheated me as follow : 1. She was already married with another men by religious rituals and divorced due to her mental ill & arrogant behavior, etc, this divorce settlement was done with in there jamath dealings…Now her first marriage was deliberately suppressed to me , my family by her parents , her relatives & her jamath. • On our marriage registration time in Local Registrar of marriages (Common) Govt marriage registration she have given information as “Spinster” • In Jamath Marriage register paper to me they have kept blank of the previous marriage details. 2. Also they transpired to me and my family that she is an B.TECH degree holder on believing this word I get married with her. And they have published in the daily news paper on the day of marriage along with her name B.Tech degree in corporate , also in the jamath marriage register it seen that she is a B.Tech degree holder, at the time of marriage proposal her father has given me a forged copy of the B.tech degree paper to me. But the true fact is she did not passed the B.Tech Degree course. 3. By the recent incidents when she & kid came to abroad to stay with me , we where happy with few weeks and later her attitude & speech has changed and she was cruel to me & child and neighbor in our flat. One day the matter went worse and she was arrested by the police by the complaint of my neighbor when I was in the work place, admitted to the Hospital Emergency and they found that she was a mental patient & I have treated here 15 days in the Physiatrists ward , and confirmed she is Physiatric patient with decease of Bipolar, Acute psychosis. On Further enquiry we came to know that she was the regular treatment of her mental illness prior to her marriage & after her marriage , This matter is also kept secret after our marriage. For the convenience of her secret treatment she tried her level best to reside in her home and deliberately always avoided to stay in my house. 4. Now there parents and relatives are threatening me and my parents with false case and telling me that they will attack me, injury me seriously if I divorce her. 5. Now she and her parents filed FALSE 498a / 323 case against me, my parents and sisters. I have the complete evidence, Supporting documents like, Marriage certificate, Medical treatment paper when she was in abroad, her previous clinic contact numbers of doctors in india , recorded conversation between me and doctor in India. Her fake certificate, her previous marriage evidence. With respect to the above cheating I have send a legal notice / Advocate Notice to my wife , wife’s father , for cruelty, fraud in marriage & cheating. Kerala High Court granted Anticipatory Bail for me , my parents & my sister. Now I want to know, currently I’m in abroad, is there any chance to impose travel ban for me by giving false complaint against me like 498a, DV act, etc . What is the percentage of winning my case to get my son in my custody. How long it takes to finalize the case , and move this criminals to Jail. If I go to India for the hearing , how frequent I have to travel. If I stay more than 20 days I fear that I will have issue in my company regarding my job. I’m a physically handicapped person how I can protect my job & parallel I have to clear this issue. Is there any rules that I can give power of attorney to my father or relative in India to handle this issue. Kindly advise in if you have more points how to chase them and make additional complaints to them to get my child in my custody and fast track divorce as soon as possible. What steps i have to initiate...to protect completely myself, my parents and relatives. Expecting your feedback ASAP…


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 2 Replies


(Guest)

Muslim marriage is a contract and not a sacrament. Filing of cases under 498a etc revoke the contract and hence you are not liable to be prosecuted. First and foremosty you go to the Qazi and get the contract revoked after which IPC won't work. If you are in Kashmir than Ranbir Penal Code will work whose sections are different from IPC. I hope you have understood what I am trying to say. Qazi is bigger than an advocate in Muslim marriages.

498avictim (analyst)     14 September 2010

 

 

join www.498a.org and saveindianfamily yahoo group and learn about the laws.there are many ppl out there with same issues and fightign for their human rights.

do not yield to any extortion rocket.


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