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rajendra (na)     09 July 2013

False 498a and dp act 3 & 4...now dvc in mahila samithi

Hello All, Married on 2010 may and for the first 8months she is away from me for her education and after that we didn't had a s*xual life since she has pain.so we are consulting hospitals and also she has lot of problems(thyroid,losing hair,no digest).she has unwanted hair on her face and chin heavy..I have shown her in Bangalore hospital for 1.6years(doctor cheated) and later my mother showed to one hospital in hometown.Finally my mom identified she is not a lady and not matured at all.she is female impotent.After that my father told her dad to silently take divorce.Her father didn't agreed and told she had a problem when she married but recently she had a operation called laproscopy in andhra and so no need to take divorce. They have filed a false 498a and dp act 3&4 on may 2013 on me,my parents,grandmother(83years),my brother. I am living in Bangalore and all are living in andhra pradesh.I have the medical proof that she is not lady(TSH test) and as part of the counselling in police station we req infront police to conduct a TSH,FSH,LH,Chromosome test for her but she refused and her parents too. Now we received a notice from mahila samithi to attend in kadapa for dvc case else it will go to court. Totally harrassed by all these and even though she is not a lady she is filing all the cases with help of her uncle who is the special deputy collector(MRO cader) in kadapa. Before filing the false 498a case they have met SP in kadapa. The only mistake i have doen is i have not identified her as female impotent and she is not matured at all and will not concive. At the moment i am on regular bail and my parents are AB.the 498a case charge sheet not yet filed 1)what are the legal options i have to fight against them 2)can i go for quash on 498a with medical proof and i gave them 2.74lac(bank statement i have) 3)can the female impotent can file a 498a and dp act 3&4? 4)If i want to file a 420 and 406 sections case where can i file? 5)in the dvc they mentioned all the members except my brother 6)can we file petition in the court to undergo her to a medical test? Any other suggestions are welcome..kindly help us..



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 1 Replies

Q Slinger (NA)     11 July 2013

Hi Rajender,

Given the complicated yet easy case you have, its best you consult a good lawyer and also join the local Save Indian Family Foundation in Banglore. The will expertly guide you through this:

Answers to your questions:

1. SIFF suggests that you get rid of your 498a and DV case first and then go for future cases against them. However, given your easy yet complicated case, you might be able to file the necessary cheating cases against her including invalid marriage based on the fact that she is not lady.

2. Yes, you can definitly go for quash but that take 2 long years.

3. As long as she is a female, yes she can file. But you can file for divorce on the grounds of her impotency and transgender.

4. File the cases where you find it convenient to attend courts. You live in Banglore and she lived there as well, so file it there. Get her out of the comfort zone of her home town.

5. What is ur questions here? 

6. All the petitions will come only once the trial starts. 

 

In all, if they are wise enough, they will soon learn that they do not have a case but all this will take time. In the mean time, read 498a survival guide and contact SIFF immideadtly. 


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