Need experts help...what to do next after 498a bail out...

1) Know we r out on bails and staying in different locality to stay away from my inlaws harrasment locked my old house and she is at her parents house.. ? leaving seperately since 09/05/2011 till date no talk no meet almost 4 months past..know they r repent to come but I denied as in span of 3 months she gone to file 498 what more she can do next....So I simply said will face in trial court...and no compromise to come back.----What compromise they are asking for does she want to be back or want divorce.

2) What will be the next course of action by the police as far as 498 goes? Will they file a chargesheet? They have not taken our statements till date- Police dont require your statements they can file chargesheet basis the statements of the complainant and their witnesses but there is no time limit for filing. Once chargesheet is filed you will receive summons from the trial court and then the trial would begin. 

3) Can the false 498 complaint be quashed on A2 to A5? What is the procedure to do so? ----Quashing is difficult at this stage as unless the charge is filed and trial begins HC would not indulge as prima facie it would not be provable that no case could be proved on A2 to A5

4) If the trial starts, on whom does the onus lie to give evidence of the complaints? For e.g. if the she says she paid the family 2 lac cash, and gold articals are wit us, as she already taken before filing case doesn't she/me have to prove it? ---the onus to prove lies on prosecution they need to prove beyond reasonable doubt to get you prosecuted and its usually not possible

5) She has misused the law and put me and my parents under arrest to harress. Isn't there any section on which I can file a complaint stating that her 498 complaint is false?---This law is favouring women often misused but at the moment it would be better to be in defensive position dont try to take revenge ...patience pays and be patient and only take next steps when time comes. Do not let divorce happen if they file it ( until this case is withdrawn) and you dont file for divorce.

Thanxs Sanjeev...

           1) Know she is trying come back as may be soceity people and relatives torcher is started as she done all like enemy to me and my family..even I lost my Job and false image infront of my relatives and friends...

              So at this stage I kept quiet since 4 months even on our Festival Ramzaan also I kept quiet no call / sms her nor she did  to me...not even wish each other on phone..

               She is telling if I'm ready to accept her at this stage she will withdraw cases against me and she also want seperate accomodation from my family...

                As I'm the elder son in my family and my father is no more I have take care my family and had responsibility on me..

                 I kept patience since 4 months and not filed any case againt her nor filed divorce case..her father is a headconstable in police department...and her father is doing all this and she is misusing law.... their parents had spoiled my life...

DEAR,

AT THIS STAGE POLICE AT MOST CAN FILE CHARGESHEET, PLEASE CLARIFY ARE YOU ON ANTICIPATORY BAIL / REGULAR BAIL. YOUR WIFE CAN FILE DOMESTIC VIOLENCE CASES AGAINST YOU. BE A MAN DON'T BE A BROKEN HEART. DON'T FEEL ASHAMED ON YOURSELF YOU HAVE NOT DONE ANYTHING WRONG, YOUR WIFE IS WRONG DOER. YOU CAN CONTACT ME.

RAJIV BHASIN

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