Fight against misuse of 498a ipc.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 21 July 2014

If you go through each of my post properly then you will get your answer.

Please remember "burden of proof lies on her" not on you.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 22 July 2014

Very Important Post of Mr. Amit

https://www.lawyersclubindia.com/forum/Perjury-misconception--104267.asp#.U86B90Cm9dg

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 03 August 2014

Public Interest Litigation (PIL)

https://www.lawyersclubindia.com/forum/What-to-do-with-the-female-oriented-laws--104883.asp#.U93HrKOm9dg

Mahesh Kumar (Lecturer) 12 September 2014

Dear Sirs.,

This is Mahesh Kumar. N aged about 33 Years. my Wife name Mrs. Jyothi das. we loved each together for two years and on 29-11-2013 we married in our parents opposition at one Temple with the presence of respectable persons. i arranged the marriage as per hindu tradition. after that we came to our home and we were living happily. after few days my wife's mom came and she invited her home so we went thr and thy asked to stay thr only but i didnt agreed, again we started live together but we had little misunderstandings about her parents so i was scolding her dont go more thr and dont speak more with them. On 05-09-2014 she went her mom home by taking her cloths. so on 06-09-2014 i begged her to come back and i said i never scold u again for life time so she got convinced and she said i cant convince my parents thy not willing to send back. later she said i wil come after pitrupaksha. wait for these 15 days. so i agreed for it and we chatting together a lot in what's APP but on 10-09-2014 til the noon she was texting me that i am getting scare about our future, something is happening. and tht day evening she called me and asked to give divorce, but she not giving genuine reason for it. her parents threatening her not to live with me. that day night she gave police complaint on me. so police called me but in police station she said i wont go with him. so police sent us back to our homes by giving one month time.

i cant leave my wife. am loving her lot. am ready to take any kind of punishment, am asking to give one chance to correct my fault. but she not agreeing for it.

so plz give me suggestion to get back my wife.

i cant live without her

swear i wont scold her again in my life time.

am ready hold her and her parents legs also. i do what ever they says.

someone said that her parents only threatening her.

she asking about divorce so plz i kindly request u people to help me.

i want to lead life with my wife only. so plz help me

Mahesh Kumar (Lecturer) 12 September 2014

my wife family members wont listens anyones words. coz the family background is not good.
her mom younger sister left her husband
her mom lost her husband and her mom sister lost her husband
so these family members wishing to keep her daughter as thy.
they threatening my wife tht if u goes to ur husband home then i wil die.
so my wife is innocent and now dedicating me her family sake.
they not giving mobile to her coz i will communicate her.
so my wife said i cant live with you.
swear sir i cant live without her. am ready do anything for her sake. i am to hold thr legs but thy not listening.
even police warning me that i should not call her and should not go her home.
thy gave one month time to convince her but i should not speak with her.
dear sir. i loves her lot and am ready to loose my live but not her.
am becoming mad without her. plz do favour for me. plz sir help me to live together.
i hope that u will helps me sir. plz sir i beg u. even i hold ur legs. plz

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 12 September 2014

Emotional black-mail.

Law is gender biased that is the reason police is doing so. Please don't call her this time.

Please lodge complain as advised bellow.

https://www.lawyersclubindia.com/forum/I-need-my-wife-109022.asp#.VBMitqPqddg

Kaatu Poochi (Kaatu Poochi&Co) 13 September 2014

Don't force the women. Handle soft way. Girls not like the emotional person. By Kaatu Poochi

Law_Learner (Asst. Mgr.) 24 October 2014

Dear Sir,

please advise what are the advantages of not filing for divorce or going for mutual settlement until 498 gets disposed of?

a) Please don’t file divorce of go for any mutual settlement until your 498A gets disposed of. Your advocate and others may try to make afraid you, but you must leave your fear and be brave.

Regards,

JanDec

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 25 October 2014

If 498A is pending then you will be treated as criminal in the eyes of law. If you file divorce then the court might grant huge maintenance. There is high chance that you will not get divorce.

If you go for mutual divorce then you might bankrupted. Not only that she can again claim for maintenance u/s 127 CrPC saying that the maintenance granted is not sufficient for her lifestyle.

But if you make speedy trial and acquit from 498A then you will get easily get divorce on Cruelty / Desertion ground as per sec 13 of HMA. You can file 211 IPC, Defamation cases also against her. Overall if 498A is over then you will be free bird.

No lawyer will advise this since no lawyer wishes to resolve your problem since their income is from your problem. I recommend you to appear in-person (Without Lawyer) in High Court to apply Speedy Trial. Sample petition is already their in this thread.

Unknown (Unknown) 25 October 2014

Actually the above is good information but our indian law favours women and because of which some women and there family members use this law to make other peoples life miserable

if a women says it is accepted and men has to prove it is wrong and again if men claims something he has to prove first then it is accepted against women why so? There should be equality in law also.

giri raj (other) 27 October 2014

Now after one year police came to my house at Pune for investigation of case. And asked my Neighbour for any incident but all of them had given positive response that no problem between husband-wife. Everyone cooperated with police and all had supported me.

And after that no response from police nor any CS filled. Also i had not received any summons for hearing nor for CS from UP state.

No communication with inlaws nor with wife. I want to get out of this. i want to give divorce to my wife.

BUT I think My lawyer is hurry to file divorce case against my wife but my uncle suggested me to wait.

Also my uncle suggested me that we will fight for false case on merits and then later we will take any action or any divorce step but not now till CS filled.

My uncle said forget the past, enjoy your life and be ready for fight, defend, because the case will run for approx 5 to 6 years.

One of my uncle suggested that NEVER EVER PLAN TO GIVE DIVORCE TO YOUR WIFE, JUST FIGHT ON MERITS..

i had heard about quashing of fir...but on what ground and need procedure?

Dear all members please help and suggest.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 28 October 2014

Mr. Raj,

Your uncle is right. Quashing grounds I have already mentioned in my following links. Please read carefully. Please file quashing with speedy trial (i.e. 1st prayer is quashing, if not granted the 2nd prayer is speedy trial.).

I have a personal opinion. Boycott HMA, Be smart and handsome, look for a good unmarried girl and start live-in relationship (Marry Secretly) and enjoy your life.

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg