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sunil (Engineer)     15 March 2012

Need advice on proceedings of 498a

I have a love affair with a girl for 1-1/2 year and blindly believed her and married her. But after marriage we came to know their family is bad and she is having affair with his boyfriend and still continuing it. Our family members came to know that, then their family filled a false 498a on me,father,mother and sister. we all are jailed and got anticipatory bail for me and bail for rest of others.

They mentioned in FIR that they have given us 30 lakhs and harassing her for other 10 lakhs.

                   Knowing we got a bail they are coming for a negotiations of 10lakhs. We are ready to attend the court because this is utter false case and they cant prove it.

My queries:

1:) Can i go for quash.

2:) I have s*xual relation with her before marriage but i married her whole heartedly and regarding that nothing was mentioned in FIR.

Can she have advantage on that in court

3:) we lived only 6months together.



Learning

 7 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     15 March 2012

Dear Mr.Sunil,

It's very hard to comment on how successfuly the quashing petition would be - without having a look at the FIR and other incriminating material. The fact that you had s*xual relations with her prior to marriage is of no consequence. 

sunil (Engineer)     15 March 2012

Thanks Mr.Bharath for the advice.

I will give details regarding the F.I.R

1.)She mentioned in F.I.R my parents harrased her and tried to kill her.But my parents are staying in different place 40kms away from our house, and we have phonebills and electricity bills regarding that.

2.) As her family trapped me and married me for money, she recorded some recordings and saved in her laptop, i secretly copied it. Will it be the evidence?

3.) One chat message i have saved from googleaccount of her, where she is chatting with her boyfriend.

4.)She commited suicide (which is a utter drama by their family) and mentioned in F.I.R she is unable to bear the harrasement and commited suicide.   But she discharged from hospital with in 24hrs and i am having the bills regarding that .As it is a suicide attempt, the police investegated regarding that in hospital, she said i am having some health problem so i commited suicide.

5.)She mentioned in F.I.R that my parents and sister took her to hospital and forcible gave some tablets in the HOSPITAL.

How can someone give tablets forcible in hospital where nurses and doctors are present?

Is this evidences are enough to go for quash


(Guest)

Dear Sunil

First- you have to capture video when they demanded oR speak truth oR recording their voice.

This will be strong evidence against them.

Second-You mention that your wife lived with you only six month.- But not mention when you got married.

Its essential for perfect guideline.

Third- You cant take benifits of previous physical relationship with you.

Your marrieg is love marriage based--- asper girl side her parents blame to give you 30 lakhs- It proved that he is Incometax payee---- which account her parents debit 30 lakhs, ------ I am sure they can't prove.

Provide me FIR & chargesheet so that I may give you perfect advice.

sunil (Engineer)     15 March 2012

Thanks prajapati for your advice.

I will mail the F.I.R later, as presently i am not having either the softcopy or hard copy, in which you can find all the details of marriage date etc..,

I query regarding :" You cant take benifits of previous physical relationship with you".

How can i use as a benefit in court?

They are very clever as all is pre-planned they mentioned in F.I.R, they sold their house for giving dowry, as per our investigation they sold the house to re-pay the debts.

Please advice...

sunil (Engineer)     15 March 2012

Forgot to mention, as i am having audio recordings of me and her after marriage. In that their is not even a single hint of harassement and dowry.How far is it useful??

Thanks

sunil (Engineer)     16 March 2012

Any one plz advice, i am in dilema

A.V.Pattanashetti (Advocate. Practicing since from 05/02/1993 in all field )     26 March 2012

send ur details and call this number 09448035651


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