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Mahesh (Owner)     18 November 2009

False 498a case threats against me from my wife's lawyer

My wife filed for divorce against me and her lawyer told me that if I try to contest the case, she will also file 498a case against me. It is like he is threatening me with more criminal cases. I told that lawyer that Givin/taking dowry is a criminal offence and if she files a false dowry case of 498a against me, I will also file another case against her parents and my wife for giving dowry. I am not sure if such a case can be registered. Though I never took any dowry, by virtue of my wife admitting to offer me a dowry, it makes them criminals as well. I would need someone to provide me legal assistance as to how to proceed with such a case.



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 17 Replies

Anil Agrawal (Retired)     18 November 2009

 Go to police station and lodge a complaint against the wife and the lawyer saying in so many words what you are posting now. Put in an application in the divorce case also.

aatma   18 November 2009

Mahesh,

1. Next time bring this talk in polite way and record (if possible video recording) all the threats from that lawyer saying those false crimial case story. 

2. If possible record same threats from your wife as well.

3. File complaint against that lawyer in local bar council and other professional association (good lawyer can help you  on this).

4. Send complaint against your wife about the false 498A threat to local SP and send a copy to DGP, IG, DIG, local magistrate, chief minister office, and police station. This may help to save you from the LEGAL TERRORISM.

5. What you have mentioned about dowry law - giving is offence. This part of the dowry prohibition act is invalid in india especially if husband is a victim. Forget about the honestness in practical law. Nobody get punished for giving dowry so far. No body will think about this is an  offence. If  people hear something sounds like "dowry" then immediately husband and his family are accused and arrested in india.

 

 

aatma   18 November 2009

Additional Info:

NCW says most of the false 498A cases are filed by laywers by exploiting innocent women.  (this is not my personal statement, see below news from Times of India)

NCW Blames Lawyers and Police for 498a Misuse

Faced with adverse comments from the CJI, National Commission for Women (NCW) chairperson Girija Vyas said that it was lack of awareness that led to false cases under 498A. "I would not like to use the term misuse. There is lack of awareness amongst people that is exploited by lawyers and police. We feel there is no need to review the law,'' Vyas said.

Anil Agrawal (Retired)     18 November 2009

 NCW is a biased body. See what it has done in the air-hostess molestation case. As long as politicians are at the helm of affairs, it is bound to happen. A large number of judges of High Court retire every year. Their services are not utilised by Government to chair these bodies. Why? Their decisions will be unpalatable.

Is it possible to video record or tape record the conversation. Secondly, which court believes in them in toto.  Remember Varun Gandhi, Mayawati, Amar Singh, MPs caught taking money for asking questions etc. etc. When it is inconvenient every is morphed.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     18 November 2009

 

 

First of all decide Whehter u want divorce or not.

Second file a complaint of threat by ur inlaws for false 498 with the help of advocate.

but if u also want divorce then leave it and divorce her and if u want to pull her back tou then file a case u/s 9 also.

Regards

K. Rajendra Prakash (Advocate)     21 November 2009

Lodge a complaint with the concerned Bar Council against the lawyer.

K. Rajendra Prakash (Advocate)     21 November 2009

Thank you Mr. Anil Agrawal

What ever you said about NCW - I would like to repeat is as "Statement of fact".

Anil Agrawal (Retired)     21 November 2009

 NCW? Air India molestation case is the glaring example of partisan attitude.

K. Rajendra Prakash (Advocate)     22 November 2009

Mr. Agrawal,

Mahila Commissons in some States have become rehabilitation centres for political unemployees.

Anil Agrawal (Retired)     22 November 2009

 Why qualify with the word "some". Many constitutional posts are rehabilitation centres. Most of the discredited and defeated politicians are rehabilitated in Govt PSUs. See what UPA has done to Buta Singh. Shamelessly, after SC berated him and UPA for dissolving Bihar Assembly, he has been appointed Chairman of SC/ST Commission.

sunil pagare (lawyer)     22 November 2009

Wrong statement made by NCW, illetrate persons come to the lawyers ask them to file 498a aginst the husband & his relative.Actually they dont know ,what is sec.498a says.Now it is necessary to amend this sec.make it bailable one.

Anil Agrawal (Retired)     22 November 2009

 Who will amend? 

Anil Agrawal (Retired)     22 November 2009

 The way women are vociferously at the throat of the Government, more stringent measures are on the way. The day is not far off when the institution of marriage would be given a go bye and men would dread the wife.

K. Rajendra Prakash (Advocate)     22 November 2009

Hindu Marriage was a sacrament.

Now, reduced to a contract

Very soon the institution of marriage would be given a go bye (rightly said by Mr. Agrawal)

Who can save the Hindu families.


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