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Chetan Singh (SE)     11 July 2011

Need Useful tips for 498 case

Hi All,

I have done arya samaj maariage with a Handycaped lady, two months she was ok but after that she becomes
demanding lady , she quit her teaching job and asking money from me in huge amount for their jwellary and expenses.

Some time , I ignored but finally I decided for divorce but then she suddenly filed case of 498a,507,3/4a, I went jail for one month but now she is not ready for settlement and asking 10lacks from me that I am unable to give her.
She is ready to fight to send me jail again , I am hopeless now even I have hired a advocate in ghazaibad but even that , I have a fear for jail.

Please suggest me how to protect my self from jail, next date judge has asked her for bayan in front of judge.
Please suggest me some important tips so that I cant do jail again.Even I am trying to convence her but she is not ready only ask 10 lacks from me.Is Audio ,video recording will help?

Please guide me.



Learning

 7 Replies

Saurabh..V (Law Consultant)     11 July 2011

@Aman,

 

I do not understand under what allegations has police put S.498aIPC & S.507IPC? If you can give short brief about her complaint and allegation then learned membes of this forum can help you!

 

Anyways. As you mentioned, audio/video evidences are best evidences to show in courts. These are real facts which no one can deny (if real).

 

You should collect evidence about her background and why she is demanding 10L. Without reason she cannot be allowed to loot you.

 

//peace

/Saurabh..V

Chetan Singh (SE)     11 July 2011

Dera Saurabh,

She has complained in FIR that I was beaten her so many times in the name of dowery.
Real Fact is that she is a poor girl earlier she was dependent of her parents and she was a taecher, We meet 
some place and live together and finally married in aryasamaj in next three months.

But she quited her job instantly and excuse was her legs pain like that, As I told she is handicaped lady.
I am also ready to give her room, food, shelter seperately to quite the case but she is stick in 10 lacks .
She is saying she will tell infront of judge that I had beaten her, abused her, killing threts, nude pics blackmailing.

I dont know who is guiding her for me, I am very upset, even all the facts are base less.

But I dont have any proofs that I can use?Even she had stolen aryasamj cerificate from me when I was jail.

so please advice.

Saurabh..V (Law Consultant)     11 July 2011

@Aman,

 

You have fallen prey to a professionally laid trap. This girl seems to be prepared from day one to take away your money.

 


You have to collect evidence against her in any possible form. But here, it is itneresting to note that she claims she was beaten but does she have a single injury mark on her body? Does she have a single medical certificate which can support her allegations? Additionally if such was the case, then you wouldn't have supported her when she left her job.

 

You really need to be very strong and tricky while dealing with this case. The girl is taking advantage of being physically handicapped and also of the rubbish dowry laws. Here i think she cannot claim that you demanded any dowry and neither she can claim that she gave any dowry article which you have to return. It is good news for you that there are vague allegations which could not be proved easily.

 

If Ms. Y goes to police and say that Mr. X tried to kill me, then police migth register the case and even trial may commence, but at the trial it would be Ms. Y who has to prove her allegation or atleast show circumstantial evidence.

 

You just tell the court that there is no such incidence of harrassment of any sort and you are ready to take her back. Also she went out of matrimonial home by herself and now she is demanding 10L for case settlement. Engage a good lawyer..


(Guest)
Originally posted by :Aman Verma
"
Hi All,

I have done arya samaj maariage with a Handycaped lady, two months she was ok but after that she becomes
demanding lady , she quit her teaching job and asking money from me in huge amount for their jwellary and expenses.

Some time , I ignored but finally I decided for divorce but then she suddenly filed case of 498a,507,3/4a, I went jail for one month but now she is not ready for settlement and asking 10lacks from me that I am unable to give her.
She is ready to fight to send me jail again , I am hopeless now even I have hired a advocate in ghazaibad but even that , I have a fear for jail.

Please suggest me how to protect my self from jail, next date judge has asked her for bayan in front of judge.
Please suggest me some important tips so that I cant do jail again.Even I am trying to convence her but she is not ready only ask 10 lacks from me.Is Audio ,video recording will help?

Please guide me.
"

If u have not done any wrong then don't worry.Remember 98% cases are fake..u know?

so dont worry..

Chetan Singh (SE)     11 July 2011

Thanks for Surabh ji and Utpala,

As far as medical and injury is concerned she has no proof till now and as per medical certificate she has no certificate ,
thats why I got bail easily when I was in jail. From when I came out from jail I went directy with my Parents and living
seperately with her from last one year . Last 6 months case is opened and we are going for hearing in court.
In the mean time we met serverl times to resolve the issue for some compromise but her demand is always 10lacks
 

I am fearing in front of court because , Lawyers told me that in the worst case if she wins , then again I need to go jail for 1-2 yaers.
I am very upset now, she has filed me so many cases of false act as mentioned above.
What I should do now to prevent me , I dont want to take her back again because now my family has also against her.

How can I prove that I havent asked any dowery? what are the possibilities for me?

Chetan Singh (SE)     11 July 2011

Some one please reply me to suggestion since I am nervus.

What is possibilites to prevent me jail?

Chetan Singh (SE)     12 July 2011

Can I pray to judge, I am ready to give her a seperate room ,shelter can then judge will finsh my 498a, or will it be some helpful.
In the Bayan day by the wife, can judge will give me time to say that whatever she is telling is completely false. Will judge only listen her voice whatever she will say negative?


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