How to withdraw 498a Without consent of husband

Well said A G.

I'd says kudos to your brave husband who's ready to fight out the injustice done to him and bring the REAL truth out by Law.

You certainly deserve Jail time, Kaveri, for all the unnecessary pain and agony you'd have brought to your husband that would have made so many sacrifices for you in the 3 years, like EVRY husband does for their wives, but unscrupulous wives like you and the spineless men around you, would take for granted.

I would want to summarize by saying this .

" Just like a man who misuses his physical strength against a woman is called a rapist ,  A woman misusing her legal strength against a man should also be called  rapist " .

Kaveri has committed LEGAL RAPE on her innocent husband . SHE DESERVES NO SYMPATHY OR MERCY . She must get the same punishment that a man gets for raping a woman physically because Legal rape is a more henious crime than Physical rape .

A man and his wife go to their weekend getaway in the mountains where the husband likes to fish and the wife likes to read

the husband came home early one day from fishing and went to bed

 the wife decided now would be her chance to go out on the boat and read

 so she did

 she didn't know the lake very well so she just layed anchor anywhere and began to read

 along came a officer and told her "what are you doing?"

 "reading" said the woman

 "this is a restricted fishing area"

 "but i'm not fishing"

 "that may be true but you have all of the equipment so i will have to take you in"

 "if you do that i will charge you with rape" the woman says

 "but i didn' touch you"

 "this may be true but you have all of the right equipment"

 Moral of the story is: never mess with a woman who knows how to read.

used against me means sir?

Kushan Sir, 

I didn't your message.. can u pls elobtate i it is related to my problem?

for :  "Kaveri"

1.  There is no EXIT route under 498(A),  either for you or your husband.

2.  If you state that :
a)  you wish to withdraw it  .OR. 
b)  that you had complained unintentionally  .OR.  
c)  that your parental family compelled you to file false cases   .OR.
d)  whatever.

EVEN THEN THE TRIAL COURT IS NOT GOING TO ENTERTAIN YOUR  SAY AND  498(a) WILL BE DECIDED ON MERITS.

3.  The court will construe that you are making all the above statements under duress or after-math compulsion by social forces (like under threat of husband and / or others).

4.  HOWEVER,  if you manage to get a medical certificate & treatment profile from a registered psychiatrist stating that you were not in proper frame of mind when all the known-unknown complaints were filed,  due to the fact that you were suffering from  "psychasthenia".

AND THEN approach the HC who would direct the needful on your 498a complaint.

PS : A mentally unfit person may not file any criminal complaint on anybody  NOR  an mentally unfit person may be prosecuted on any criminal complaint.

5.  IF your husband reconciles, after the above, then it is well & fine AND you can clear off your conscience.   However you also face the imminent risk of being divorced, without any alimony or  maintainence.

PERSONALLY,  I feel that the Stale-Mate has set in.  ONLY time may set it right, that is IF your destiny permits.

Keep Smiling .... Hemant Agarwal
 

Kaveri,

Either this brief of yours is maliciously put here using a female name by some advocate  to test the waters from men’s activists point of view and/or your or for real as Suresh Ram said in earlier page same thread message.


However, be it so I will start giving you some gyan with a saying:-


There is a saying in English , "You do the crime , You do the time(in Jail)".

However in India women (errant wife) do the crime and men (husband) do the time.

Now, analyzing your briefs;


You say you filed 4 false cases and you have lied in each case is what you say as after thoughts.

1. You filed a false 498a

2. You filed a false DV which you lost

3. You filed a false CrPC 125 which you lost

4. You filed a divorce based on curelty in which you lied again .

In natural justice terms you deserve no mercy for misusing the fine fabric of family law like this!! You are over doing changes in statistics of criminal law so truely missused by errant wifes :-) However you can be assured that about 80,000 of your fellow Indian sisters do it every year, so your group of sisterhood is only growing every day proved by in B/W by posting this thread query.

Lying in court is called Perjury, and if you are so keen on undergoing the right amount of penance to balance your crime, you should admit to perjury and go to jail. That will be the right punishment to wash your crimes away. However we all know that you will not do that.

It reminds me of a 2 years back a SC Case where a daughter (then about just major age) filed an affidavit to admit that the rape and modesty outrage charges she filed on her natural father was a lie and under the influence of her own biological mother ! SC did not took it (her affidavit) lightly and released the poor father who already spent precious 5 years by that time in Jail for a act he never committed and directed re-opening the case in Himachal HC now to penalize the fully grown up and married daughter who lied before Court of Law!

 

Also you decided to come seeking help when all avenues of money have been closed. Had you received money through the DV case or the CrPC 125 case you would have been happily enjoying on it now as your birth rights. However, you are sad because your husband has solid evidence against you and you lost all the cases. Now you are short of money and parental support you are here begging for advice and hoping that the lawyer community will help you, I mean this is height of Advocates community - the same lawyers whom you used to file these FALSE cases.

My recommendation would be to do the TIME in Jail and when you come out your husband will have a heart to concede to your divorce demand. Just hoping (read as day dreaming) that he will take a woman like you back will not help you at all. You deserve to stay in Jail and only the jail can reform you. Call Ms. Kiran Bedi she will guide you as she has done some exceptional works being IG Prisons on one point of time.


I pitty advocates community too who have nothing to guide you with and stating left and right go in for quash knowing fully well what is compoundable and non compoundable / cognizable and non cognizable offence are all about ! What type of knowledge sharing you are doing people here from your proud so called noble profession ????????

To all members, i would like to say this again, i don't mind going to Jail for filling false cases... as i am already feeling guilty and going through hell... 

Can i still get some way to free my innocent husband and his family?? rather then waiting them to declare them as innocent  after 5 years..

PLS forgive me, apologizes to all for my mis deeds.

CLap clap clap. Well done Kaveri. Are you from SIFF? your purpose well served. Keep it up. 

@hedevilonline

Arre she devil online ke pati aa gaye...

Namaste jee kya haal chaal

I may be brother of shedevil for all that you know Munne ji, or I may be her father.  

Pati?  Touba Touba...

Hello Kaveri,

01. Are you separated from your husband, since how long ?

02. You can file for divorce without any monetary benefits under any Family Court for Divorce on grounds of separation of more than a year.

03. If you are willing to take action against your parents, file an FIR for coercing you into filing of wrong charges aganist your estranged husband.

04. Most of the courts handling 498a also have lokadalat type of system, at least once in a Quarter, find out the same from the court and submit an application for settlement.

05. As per law 498a has to be settled within 60 days, so your husband cannot just take next date's from the court.

06. Change your lawyer.

All the beat

Kaveri,

How come that guy is so arrogant ? Has he left everything ? If he is living with another woman, that is another point for you to go against him. I am not sure how can he refuse to give Divorce. If he does not attend the court, you can get a body warrent against him and bring him to court. If that is not possible, the court will have the right to take a vedict in your favour. I doubt the authenticity of your case.

Kumar

Hello Kaveri,

I just went though your post. I'd not be cynical or suspecting your trustworthiness. However, I would like to be of reminded of a few things. I equally along with my parents, uncle and brothers are dragged into a similar case, thus, I understand it better.

You may have got carried away with the persuasion by your parents as you said. You've got to understand that such sections of law were made to help innocents victims, unfortunately qualified (educated - meaning contradicts) people abuse it and mock the entire judicial process incited by corruption by and large. 

Volunteer for a good cause and create awareness among females who may have very little issues with their husbands. Advocate counselling to help their relationship to continue stronger.etc. Pave for a stronger and unbroken society. 

If your intension is marked by sincere repent, Almighty would answer your prayer. Keep your fingers crossed.

Thank you.

Zubair

+91-994-692-4423

I emailed your husband the following :

I just went through the post by your wife (presumably as you yourself mentioned). She sounds guilty though with a little bit of cunningness indeed. 

As long as she admits that she got carried away and she is realizing her mistake though perhaps off her inability to carry on with the case. Whatever the case be, there must be at least very little moments in your life together where you she pleased you. Just thinking of those little moments, forgive her buddy. One becomes really great when he pardons when he's capable of retaliating. 

It's purely your choice whether you want to take her back or not. That's a different story at all. I wouldn't tell/suggest you anything on that. But, my theory, if the apology from anyone is really a convincing one, it should be conceded. After all, our life is very short. 

Take care buddy.

Zubair

+91-994-692-4423

Kaveri... Hmmmm..... the name might as well be Sita.

But such Sitas are not to be found in this age.  Who are regretting and repenting profusely... even to the extent that "She is willing to go to jail for perjury, if THAT makes her husband free"...

There are 2 possibilities: the author Kaveri is not a woman...  Women don't say sorry!  It is always someone else who is to be blamed but the woman.  Some fictitious character is playing around here.

Or the other possibility is: That the same father/family who gave false evidences on her 498a case are now under threat for perjury, false evidence from her hubby, who seems a real fighter.  Now that the whole 498a gang is cornered, she wants to 'set her husband FREE".  In reality it is her family who is now asking her to do something to get FREE themselves!