Need help for my family and myself, against 498a

Pls..consult a good lawyer and take anticipatory bail first for yourself and your parents and siblings (if any). Go for mediation, i think they will chunk out some money from you. If you can afford it then pay the money and get rid of the the headache by way of MCD. If your think thats unreasonable then...prepare yourself and fight it out. You should have been little cautious when they took minor issues to police station. Do not visit your wife or her parents house alone. Always take help of police or lawyer and do not invite more troubles for yourself. File for divorce on the grounds of cruelity after one year of your marriage. And dont feel lonely...2012 was a bad year for everyone who got married in that dreadful year. Have patience and dont loose your temper.

Thanks a lot charu for your guidance...Yes I want to fight for my justice no matter what happens to me.. I just want my parents to be safe first....

Can I file a divorce based on the two complaints they have made? Can it serve the puprose of cruelity? 498a case has not been registered yet. One more thing when these mediation come in picture is it after they fie 498a case? Can I get AB based on these complaints( No FIR has registered). I belong to punjab..As per suggestion I should not live with her once I reach there? 

See i think these days even the police is aware of fake 498a cases...they will call you to police station may be your family also and ask you your side of the story also. Be positive, dont get panic just answer them and take your lawyers help to get AB. First make a petition that your lovely lady is not staying with you. And find out what went wrong in your absense. Dont use vulgar language for her or her family in PS and the reason i am saying not to stay with her is that ..she may create a scene and mess up things for you. File an RCR if you want her back.

Thanks Charu.. I dont want her back now after all mess she has done. I cant trust her anymore. 

Actually There are few people who are acting as mediators told my parents to call your son and matter will be solved if he(myself) is ready to take her wife back then no problem. So just to let free my parents from this agony i agreed to come back and agreed to stay with her for some time as there is still some time left for marriage to complete 1 year. So that I can fie divorce after 11th march.Please advice if I have done the right thing or not? what should I do in this circumstance?

I also want to fight and don't want leave them so easily.. Your inputs can make me stronger person.

See man let me tell you one thing upfront. You want to stay with her to complete on year of marriage so that you can file divorce. Your intention is to save yourself thats fine.But dont cheat her by taking her ...and using her for some more time and then throw her. If you want to continue ...then ask for mediation through women protection cell. Take everything in writing of whatever happened till date secure yourself and take her back. If you want to destroy this marriage then tell thing upfront that you cannot trust her. Don't keep everyone in false hopes. If you and your family has also done something wrong then..its better to admit and apologize and forgive. Marriage is not about fighting, teaching lesson and chasing and winning loosing and harassing. Understand this thing first, find out the root cause of your problem and try to correct that first.

It's not about we have done anything wrong to her. I Ioved her so much. I cant believe she has done this thing to me and my famliy. If I would have done something wrong, I should not have come and asking for help in public forum. MY parents my family has faced this agony of harassement without any reason.  I am asking for help here if I go back what precautions should I take to save my family and mysef. 

I appreciate your time and inputs it will really guide me in the worst phase of my life.

Ricky..just file a RCR and ask for mediation. Request at any police station for this. Make her understand the legal implications and consequences of her behaviour and erase her false impression on you and your family. Get everything written and signed and attested. So that going forward she doesnt chase you or your innocent parents. May be wants to be with you and not your family. Take her with you and live seperately for sometime. By this you can avoid your family from trouble. That is the only precaution you can take for you family.Consult a lawyer also and dont think negative. Be positive and be confident and be SMART.

heyy ricky dont file RCR and screw urself. dont take her back at any cost. its over.

file for legal separation immediately, thats a ground for getting AB and thereafter to file divorce. legal separation for 1year creates ground for divorce.

meanwhile dispose off all the assets on your name to your mothers name.

do these things real quick, because court matters take longer time.

No stalker, Separation again needs one of teh ground mentioned for divorce. Here i think Ricky has limited options.

So bravo to ricky to come back to fight for their parents. Steps to him

1) Dont stay with your parents at their residence and meet somewhere else, otehrwise she can enter there legally as matrimonial residence

2) do not file RCR as her inetention is clear to file 498a

3) Have good lawyer with you ( prereably who can help you at any time)

4) Let her file 498a and DV ( Between you complaint to PS for extortion to DCP)

5) Collect all evidences of their demand and threatening ( video/call recording and save it in original form)

6) Once she filed 498a use cruelty section, as failure to proove 498a is ground for divorce as per SC judgement

7) no need to wait for cruelty ground one year.

8)Quash/acquit  parents in HC on looking into teh merit of the 498a complaint

9) Never yield at any stage for their compensation need, evn if you want to settle only settle it through court after second motion  in case of a mCD

Between really you need a good lawyer.

You have been rightly advised.

 

AB would be the key, however in UP/ Uttranchal the AB is not available, you would need to seek stay on arrest from the concerned high court.

 

 

 

Regards,

 

Shonee Kapoor

Thank you so much everyone. It really gives me courage to fight against the odds of my and my family's life.

You have mentioned point number 8: Quash/acquit  parents in HC on looking into teh merit of the 498a complaint. Can you please elaborate more on this point?

Point Number4 Between you complaint to PS for extortion to DCP: Do want me to give complaint to PS? Please need your more  inputs on this.

Also about the evidence of dowry and threats: after the first complaint they have written compromise saying that it was their misunderstanding about dowry ..  Will this be a proof?

I will take the note of your inputs and act accordingly.  Once I reach there I will find a good lawyer. 

Yes, you need to give complaint about extortion, that helps at later stage, however wise to take an experienced lawyer with you when you go to police station, It really helps in many ways, do not fear, withering fear is the fist step in winning 498a for your parents.

Concerning quash/acquittal, consult good lawyer,he can help as it is specific to 498a FIR and chargesheet stuff.

I disagree  with mani on point 6'as failure to proove 498a is ground for divorce as per SC judgement'. Itsyour success in proving that 498a case was false which is ground for divorce as perSC JUDGEMENT but for that you need a clear verdict in your favour saying that all allegations against accused were found to be false. This in turn is very rare.Normally you would get judgement like' accused is acquitted due to lack of evidence.'Normally judges know  from their vast exp.that case is false but they give  judgement which will not leave any room for complainant to be prosecuted these days almost all firs are written with the help of lawyers.

Ashok,

What I mentioned about is seeking ground for divorce, not winning with that as contested case.Your wording to say prooving false 498a is ground for divorce is correct, hwoever to claim ground to file divorce on the basis of cruelty, simply wife  filing 498a is enough. It is not that she can enjoy filing cases and courts assume her true and only she has lack of evidence, nope, judiciary does not think that way. Because cruelty occured on him due to filing 498a on that basis filing divorce pettion is possible, And the second fact, if you read through the post, he has evidence in written form, which will suffice the need. His prooving innocence in contested case with evidence for false 498a is sufficient enough for family courts regardless whether magistrate court  declares, it false, acquittal or quash

I would like to hear from senior legal experts on this thought.