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Pradeep Kumar (---)     19 November 2013

Need suggestion

1.My wife filed 498A 3&4 aginst me and my family in karantaka on 11/05/2013
2.My wife and her father arrested under IT ACT 66A ,67A & sec 4 TNHWP based on my complaint dated on 08/04/2013.....totally 13 complaints  arrested on 26/09/2013  ( for morphing my ,mother and sister's photo in toi nude publishing in p*rnograpic websites and circulating to my friends & relatives) later they have been released on bail.
3.Now they are coming for compromise they want with draw all the cases simulataniously and file for Mutual concern without accepting allegations both side.
4.For that they have prepared MOU by mentioning all these ponits.
5.My question is in karnataka is it possible to withdraw 498A case in police station ? and if charge sheet  or charge sheet  yet to file how we can do in  both cases.
6.Going for mutual coincern is best way or condicting the case is best?
7.they filed for alimony Rs.250000.00 that also they are ready with draw
8.After seperation and  filing 498A complaint they have brought new medical report for DV and saying that her Doctor ready  to give witness.Pls suggest me the best way

9.Am also having medical report  for her physcological  all the counseling details along with all our family members and her parents staement.(OBESSIONAL PERSONALITY TRAITS,HYPERSENSITIVE,MARITAL DISHARMONY ANGERDYS CONTROL) all these problem she is having from her childhood and she was talking tablets .

10.I have recorded all phone calls received from her and  her family members after seperation and am having all the photgraps until the last day ,I was taking out .

11.After seperation she was chatting with me and saying want to come back and all phone converstion which I have recorded.

12.Now please suggest me that should I go for mutual concern yes means how to proceed?No means whether am having evidence to get divorce and quash 498A .

 

Please suggest me

Regards,

Pradeep Kumar K
 



Learning

 8 Replies

sandykrish (Interested in Family LAW)     19 November 2013

Pradeep Kumar, you have all the solid proof to apply for Divorce, dont put your leg in the sticky ground you never know what will happen apply for Divorce if they want to settle down the matter it happens in front of the Judge. I reckon they are playing emotional games with you to read your mind and they bark for Alimony in a big way. You be stubborn in your decision, go ahead with the Divorce petition, let the summon go, they will have one thing in mind on how fast to come out of the mess since you have all the proof like Defamation case in the cards, if they still try to play game with you, you will have some more in ammunition like Prejury Etc...

Why Applying Divorce is better for you.

 

1. You have the solid proof of them defaming you by putting nude photos on the website= Sheer Mental Cruelty.

2. You have been filed with 498A = Mental Cruelty

3. I hope you have the evidences on them asking you to compromise on MCD by withdrawing all the cases

4. Desertion 

5. She has lot of Pyschological problems

 

Man you have a great case to make your in-laws play as per your tunes. Find a good lawyer in Bangalore and start shooting it one by one. Good Luck.


(Guest)

MCD in your case does not sound proper.


After going through so mch harassment, you should be in payback mode.


But its your take totally.


Time n tide wait for none.


Revenge you can take and make them weep blood tears..


But it will cost you lot of time.


If you want to go for MCD, your terms should be..


You wont pay a single penny to her, and they should withdraw all cases against you and your parents. Sign on the dotted line, with clauses including mainly that they wont trouble you for alimony in the future.

Abhiram M (Engineer)     19 November 2013

hi I agree with SandyKrish.

Don't leave the ones with that cruel attitude.

Don't pay any money.Fight against 498A surely u win.

Don't pay any money.ask them only to pay in return.

Teach very good lesson.

Laxmi Kant Joshi (Advocate )     19 November 2013

1. if you fight 498A , 3&4 DP you will easily win your case as you have sufficient proof of your innocence , 2. on the ground of mental cruelty as they flassh your nude photograph/video in the net and imposes false case of dowry harassment upon you , you can file a divorce case , but It will take more time and she will demand maintenance for her . 3. if you both are ready then i suggest you to go for mcd but dont give her a single penny because here you are in the upper hand , while you make your MOU write down this condition , also she will withdrawl all the criminal and civil cases against you .4. as 498A is a non- compoundable offence you have to fight it in the court , according to mou she have to act such that the case may dismiss or be in favour of you .

Deeply Hurt (PM)     19 November 2013

Gosh!!! Man, just what kinda atrocity is this? Women nowadays are surely perverted to be doing such vicious things just for the sake of getting their so-called "justice"!!!

 

Hope woman organizations take these cases into consideration and soon put an end to this 498a menace which helps such unscrupulous women using biased laws to their advantage!

 

Pradeep, if what you've stated is the truth, your wife has not only done such nasty things against your sister & mother and then filed false cases against you when she & her family have been caught red-handed, but also has the cheek to come back to you and suggest living together again!! Just how will she face your sister and mother in the future? Even if your mother & sister are magnanimous will their scars of being mentally harassed in such a way be erased??? Only you can take a calculated decision of whether to get her back or not - but know for sure that the writing is on the wall!

 

Most of these "abla naari's" go to such crooked ways to get their spiteful revenge to soothe their inflated ego!

 

So is it any wrong to call for naming & shaming these lowlives in public??? - I demand an answer friends!

LegalJohnDoe (Counsel)     21 November 2013

You have a very strong case for getting a divorce from your wife. The filing of false charges under s. 498a constitutes mental cruelty and anguish to you. The decision of the Rajasthan High Court in Anita Jain v. Rajendra Kumar Jain (AIR 2010 Raj 56) has held that filing false cases against spouses constitutes cruelty and is therefore a ground for divorce. I know of this site called lawkonect.com where you can find a good lawyer to represent you in the family court.

vishak (manager)     21 November 2013


Refer point no-5, It seems chargesheet is not filed, thus during investigation if she gives in writing that  i filed 498a in nasty, then Final Report can be filed by poice to court where in clean chit can be given.

Pradeep Kumar (---)     04 December 2013

Hello All,

My wife filed 498A   - 3&4 case aginst me and my family.

1.In the complaint  and previous legal notice no where they have mentioned about the medical certificate .

2.At the time of giving statement and filing chargesheet also they didn't produce any medical certificate.

3.When they filed divorce they have mentioned that

,"when she left from my home 03.03.2013 she was ill ,not able to talk,walk take any food,immedialty they have taken her to the doctor on 04.03.2013 and they got medical certificate and doctor suggest them give Police complaint due to health issues and reconsidering marriage life they didn't file complaint" and Doctor is ready to give witness .

4.After 3 months on 11.05.2013 they have filed 498A complaint.

5.My IO officer saying that they have not mentioned anything about medical certificates in the chargesheet.

6.When she was with me,she was under physcological treatment,she was aving "OBESSIONAL PERSONALITY TRAITS,HYPER SENSITIVE,ANGER DYSCONTROL,MARITAL DISHARMONY" she was taking tablets regularky for the same.

For this am having all medical reports including her parents stament saying that"my daughter having this problem form her childhood"all the E-mail converstion between her father and me.Totally am having 6 reports.

 

"Outline of the 498A comlaint:"

In the 498A complaint they have mentioned that I have forcibly given the tablet.

apart from that they have mentioned in the complaints*xual harrasment ,demanding Bullet proof car and 60 laksh woth house.And myself and  my mother made her nude and betan.And sayin that I was showing poronograpic movies to her and asking her to do the same with me.

And my sister and brother in Law and my father over the phone they wer harrasing

Am having all the photgraps and E-mail conversation between my wife and me exchanged during her stay with  me ,photgraps with her and family members and videos ,

And after seperation she was communicating me through G-Talk saying wants come back.

Over the phone also saying that problem between with my parents and you.What i did ,I want to comeback.The call has been recorded.

And all the therented phone calls from her family members also recorded

 

My question is ,how the court look in to my evidence and  my wife doctor staements.

 

Regards,

Pradeep
 


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