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498a victim (job)     01 February 2017

Need help in 498a

Respected all

I have married in may 2015. but with in 8 month she left my home on her own saying that she will return with in 8 days but not returned

we have contacted her but she denied to return. after that in may 2016 she and her family member came to our home and quarreled with us and took all her stuff. ( No dowry taken and not even a single rupee jewellary given to girl from her parents) saying that they want divorce

after that we got call from mahila daksh*ta samiti to go there on july 15. we attanded that program and there also they said the same thing. they have not contacted us even a single time after girl left the home

in july 22 they register fir of 498a and inquiry came to us in october 2016. we have given our statement and neighbours also denied the girls complaint.

now in january 2017 we got ab from court and next date is given in march 2017

me my parents my brother who is living separately since 2010 ( in different city 350 kms far from our place).

now after AB he wants to file defamation case on them

will you please guide me how to do that and what sections to be used?

really need your help in this case.

thanking you

Ronak Modi

 



Learning

 15 Replies


(Guest)
Originally posted by : Ronak
Respected all

I have married in may 2015. but with in 8 month she left my home on her own saying that she will return with in 8 days but not returned

we have contacted her but she denied to return. after that in may 2016 she and her family member came to our home and quarreled with us and took all her stuff. ( No dowry taken and not even a single rupee jewellary given to girl from her parents) saying that they want divorce

after that we got call from mahila daksh*ta samiti to go there on july 15. we attanded that program and there also they said the same thing. they have not contacted us even a single time after girl left the home

in july 22 they register fir of 498a and inquiry came to us in october 2016. we have given our statement and neighbours also denied the girls complaint.

now in january 2017 we got ab from court and next date is given in march 2017

me my parents my brother who is living separately since 2010 ( in different city 350 kms far from our place).

now after AB he wants to file defamation case on them

will you please guide me how to do that and what sections to be used?


really need your help in this case.

thanking you

Ronak Modi

 

You can do one thing.

Go to court premises and ask around for a good advocate who deals with defamation cases.

Tell the above story to the advocate.

See what he or she tells.

Dont worry about sections.  Those are not for you.  Advocate will know which sections to file under.

Just pay professional fees to the advocate. Good luck with finding good advocate.

1 Like

aarjun vhajage (Lawyer)     01 February 2017

i am agree with MR HELPING HAND

Sudhir Kumar, Advocate (Advocate)     01 February 2017

please give full facts.

saravanan s (legal advisor)     02 February 2017

First concentrate on the 498a case and try to prove her allegations are wrong.if you can do that then that itself will become a ground for divorce as filing false 498a amounts to cruelty.filing defamation case at this stage won't fetch you anything

498a victim (job)     02 February 2017

Originally posted by : saravanan s
First concentrate on the 498a case and try to prove her allegations are wrong.if you can do that then that itself will become a ground for divorce as filing false 498a amounts to cruelty.filing defamation case at this stage won't fetch you anything

Respected sir,

we are concentrating on contesting the case 498a

but i want to know that if my brother puts this case from his place so will it give some pressure to them

bcos untill and unless we take any legal action against her and her family members they will not come on the place to talk

so i was willing to have your all respected learned persons advise regarding this.


(Guest)
Don't waste your time and money. You can't file any criminal cases on wife. Better thing is to see if they want to get her married again. No father likes to keep daughter in his house without marriage. Initially they don't realize but in an year or two they'll come begging on your feet for compromise. You just have to stay strong and firm all along. Don't show any weakness or nervousness. Pretend like you don't need another marriage. That'll scare their pants off because they know if you don't give divorce, her life is over because she can't get divorce for ten years more. So my advise is to just stay strong and firm for now. Don't worry they won't have their days for long. Good luck.

498a victim (job)     02 February 2017

Originally posted by : autohide4u
You are correct, the only way to speed up resolution of 498a matters is to file counter case with criminal sections in different city on girl and her family. Without such counter force girl side keep dragging matter because they feel they have upper hand. Boy side has to suffer with travel for attending dates in 498a case which feels horrible waste of time and money because everyone knows the case will eventually lead in acquittal. Girl side also losing time as no marriage options remain for the girl when hair have turned white in this game - but somehow girl side usually do not see this big picture. Due to cultural norms of India, girl and her parents usually have a pessimistic and fatalistic mindset which believes that once her marriage is broken, her life is destroyed so might as well dig in heels in this useless fight and destroy her life even more. You can't do anything about this type of mindset. It is prevalent all over the major cities and it is getting stronger because people copy their mindset from others around them. 

Anyway, coming back to your question. Defamation is the wrong angle to make counter case. Defamation in such situation is almost impossible to pursue even to stage where a trial can start. You have to find a different angle. 

I am strong believer in taking legal action against such wives and give them taste of their own medicine. There are other angles that can be used. As advised by Helping Hand go and pay fees to a local, shrewd lawyer and discuss with him in confidence ways to make a case. 

Respected autohide4u

Can u please tell me or guide me what counter case i can file against her and her family

One more thing to draw your attention that my wife has give statement in complaint that my mother and my uncle and aunty went to their house on 3rd june 2016 and had quarrel with them and told them that if they want to send their daughter back to us thatn they have to give 5 lacs of rupees and if they wiill send without money we will kill her 

but as 2nd of june was my brothers birthday and on 3rd friends of my brother came to our home and they are ready to give statement in even court that my mother was at home on 3rd june

so what can i do in this situation 

please guide me in such situation

498a victim (job)     02 February 2017

Originally posted by : Sarma
Don't waste your time and money. You can't file any criminal cases on wife. Better thing is to see if they want to get her married again. No father likes to keep daughter in his house without marriage. Initially they don't realize but in an year or two they'll come begging on your feet for compromise. You just have to stay strong and firm all along. Don't show any weakness or nervousness. Pretend like you don't need another marriage. That'll scare their pants off because they know if you don't give divorce, her life is over because she can't get divorce for ten years more.

So my advise is to just stay strong and firm for now. Don't worry they won't have their days for long.

Good luck.

Respected mr.sharma

i have made up my mind that if this case runs for 10 years i will fight the case on marit

and even i will not marry for the second time till this case is over and i am confident that we have not done anything and we are innocent we will come out clear

but there may be something in the law system that even they can come in pressure 

so i was asking that 

and one more thing my wife has left home due to the influence of her father and sister bcos her sister coulndt see her happy and her father dont have money to marry their son

so they have influence her to fight and get back to home so that they can file such cases on us and extract money from us as one of her cousin sister also got divorce at the time she left home and she got around 11 tolas of gold and 6.5 lacs of cash

so they are also expecting the same from us

so i also want them to roam under pressure so that they can also realise

thank for the motivation

Sudhir Kumar, Advocate (Advocate)     02 February 2017

asd long as you are not acquitted, till that time

 

word "defamation" does not exist in your dictionary

Sudhir Kumar, Advocate (Advocate)     02 February 2017

I reterate

 

"please give full facts."

 

Anyone having slightest sympathy with you shall not be attempting any reply based on no facts.

 

(Guest)
Originally posted by : Sudhir Kumar
asd long as you are not acquitted, till that time

 

word "defamation" does not exist in your dictionary

Your replies dont fail to amaze me !

498a victim (job)     02 February 2017

Originally posted by : Sudhir Kumar
I reterate

 

"please give full facts."

 

Anyone having slightest sympathy with you shall not be attempting any reply based on no facts.

 

I have got married in may 2015.

everything was going very well for starting 4-5 months but than she started demaning things like
when she went to her friends bday party she saw an expensive mobile with her friend so she asked me if she has expensive mobile than why cant i. i said u have four wheeler, does she have.

than my brother has bought bed and cupboard and an activa on his own. than she saw that and told me that his wife will get this things i said so what he has bought his own. so she said that i also want that because both the wifes my and my brother should have same things. i told her that i have four wheeler, he dont have

i have AC in my room he dont have, I have computer, i have my own bike we have an activa my mother is using that. than whats the meaning of buying all those. but this was not her words its her father and her sister who were teaching her to do all those things

we have given her new clothes every month, this is the thing her sister didnt like. and women cant keep anything in their stomach. she was telling each and every thing of our house to her home.

actually her father is not financially good and he has to marry his son yet so he has done this trick to extract money from us.

we have tried to fulfill almost all her demands but we cant do everything

in january my father told us that a family is comming to see my brother to fix his engagement. my wife was just first year passout and my brothers fiancee was triple graduate and working woman

so when she came to know that she told me to inform to my brothers fiancee not to work after marriage. i said i cant do that bcos 1st thing that they are going to leave separatly (till also my brother is living separatly out of station due to his job )

so she told that even she wants to do job, than my father said that bring the degree than after she can do job

initially when we went to see her she told us that she has done BA with hindi but when after marriage i asked for degree for passport than she told me that she dont have degree. and when i checked her certificates found that she has just FY pass out

than she told us that ok if not than open a beauty parlour for her we stricly said no to her

she has fear that younger daughter is working and elder is sitting home, it effects her ego and she fear that her respect will be down.

so on the same day when they were up to come, she went away to her home with her brother saying that she will return in 8 days 

when after 10 days we call her she said she is not going to come. her father has put all our mobile numbers in rejection list and had never called us to know the problem

in may they came to our house fought with us and took all her stuff with them

let me inform you that we have not taken even a single rupee dowry, the girl has come with empty hand with no jewellary.

than she gave complaint in P.S in june. we have been called off by mahila daksh*ta samiti where they told that they want to finish the relation and want divorce and we told that we dont want divorce and we want to take her back

she refused to come and filed FIR on july 22

police inquiry came to us in oct 2016. they record the statements of all of us. they also told us that even they also know that this case is fake but they have to follow the law

on jan 4 2017 we applied for the AB and easily got it and next date is given of 3rd march

they wrote the name of my mother father my self my brother and my paternal aunty and uncle

i asked for defamation bcos my brother is not living with us since aug 2010. and he met my wife in marriage only and after that in diwali for one day than even his name was dragged so i asked wheater he can file case on them

A walk alone (-)     02 February 2017

You can file counter case on her, your mother and other female member can file DV on her family. Hire lawyer ask him to file as much cases as he can on her and her family in different places. Let them roam court. Evidence will not need at initial stage. Ask lawyer to take long dates so one day they will come for MCD on your terms and conditions . as soon as they come negotiate them and go MCD and get rid of her. You say " we told that we dont want divorce and we want to take her back" why? She file case on you and entire family , not want to live with you, then why you want to waste your life with her. Dnt waste your time and money in roaming court negotiate them go MCD. If they want divorce give MCD it's golden opportunity.

Sudhir Kumar, Advocate (Advocate)     03 February 2017

From your information it appears that you are nota heavily moneyed man.

 

SO you have no time and energy nor a bagful of currency to waste on futile and false cases (as proposed) in different cities (as proposed) and then for facing more cases of malicious prosecution and defamation. 

 

Put entire resources for getting acquittal which will take its own time.


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