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498_Husband (IT Consultant)     21 September 2012

Please advice me in 498 case

Dear Respected,

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Me and my family are inocent in 498 case, My wife hardly live with my parents but then also we all are now fighting with 498.

My father is very reputed high ranked government officer and really hurt after the incident when no involvement was there.

Please have my details first:-

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Highlights:-

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1. I am an IT Consultant and she is a Dr.
2. After 10 months of love, we get married with agreement of the families in 2008.
3. She had history of Asthma & Kidney stone which I was well aware before the marriage and without any issues got married because I love her. No issue I had even after the marriage for her health.
4. She got pregnant just after a month of marriage and had lots of problems during pregnancy because of her medical issues.
5. I did my best and given her best treatment with various doctors. She herself is a Doctor and her parents too.
6. But, then also baby died after 7 month born due to genetic abnormality.
7. We came to USA after that incident and things were good in USA But, after going back to India, issue started and she started blaming me for baby's death and other small small things.
8. I tried everything to make the situation better, did 2 times family meetings, she didn't even attend my sisters marriage but then also I took her again to USA to make the marriage work.
9. But, she finished all the contacts with my family and asking me to finish too.
10. She went back to india for her sisters marriage in mid 2011 and started demaning to get my family away from my life or Divorce. Because of my love to my parents and wife both, I couldn't do anything and so always was in the middle of the situation.
11. I tried to make the situation work even after that but nothing happen. I am still in USA.
12. She filed 498A in April 2012 when she think not getting divorce from me.
13. Later, in Jun 2012 she filed Divorce case and maintanance case on ground of Dowry too. I just heard that but didn't get any notice yet.
14. Also, Her lowyer Informed my lowyer that she sent Divorce notice through Embessy, I still didn't get any notice.
15. She also took help of Police to make some pressure and give me more trouble. But, I am confident.
16. We had some debt after my marriage and so she always ask me not to send any money to home and torture me that way. But, I never demanded or taken a single rupee from them.

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Now, Current situation:-

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1. My parents and younger sister all got AB immediately after she file the case.
2. 498 Gang contacted us in June for Mutual sattlement and demanded Rs. 25 Lakhs. We refused to give that much money and ready to fight the case because we never asked or demanded anything.
3. My AB filed early this month and got rejected from district court. We are now filing it to the High Court.
4. Chargsheet filed few days back and case will open now.
5. We didn't do any action yet and were waiting to file the chargesheet.
6. I have many documents where I did my best for her and written talks, Emails where never Dowry was the case. Just small issues were there and also where I tried to make the marriage work in all the situation.
7. I also have all the hospitals records where I did the treatment. Original reports I don't have but I have the bills of India as well as for USA.
8. Other good moments vedios and other support document I have too. I spent not only for her but for her parents and siblings also and have some records too.
9. She has all the Stridhan, which we gave to her and her parents gave to her in the marriage. Her parents earlier put in the back locker.

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Questions:-

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1. We are filing AB in the highcourt for me.. Whether I will get that or some more dilema can come.?
2. Should we go for Discharge petition after we get the AB or we can file Discharge petition (239) anytime. Also, whether It can file while I am in USA.?
3. Whether I should go back to India and fight the case or wait some more time in USA?
4. We all are very tensed but then we are confident also, because we didn't do anything wrong and they just have false complaints and false witness. Whether these things will sufficient for them?
5. If she doesn't come to the Trails in the court. How many dates we have to wait before we do, BW or NBW.?
6. Should we file any counter case at this moment?
7. If they contact again for mutual sattlement, whether we should agree for that or for their demands? We want to fight and win because without any guilty, so many things hurt and prestige also impacted a lot.
8. How Strhidhan will be considered now.. ? Its having good amount of value now a days which we have given to her.
9. Whether Embessy can send me notice soon or it may delay and also how soon she can file Ex-Parte divorce if I don't get any notice.
10. What about the maintanance case, I didn't get any notice yet.. whether it will go against me like I didn't apear in the court? Also, if we come to know in the future then, can it be on held until 498 case is in process?
11. What if 498 case is pending, can we go for passport renewal? or it can't be done from USA.

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Please guide me and give me correct advice, I am really having tough time and fighting with confidence. I know, similar kind of situation happen to innocent accused in 498. It hurts a lot when you listen your name and Police/Court call you Accused everytime.. without any involvement.

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Regards,
Raj

 



Learning

 4 Replies

rahul (director)     21 September 2012

when you will get AB, then their demand will come down to 10lac,, that time you can think of settelment.

498_Husband (IT Consultant)     22 September 2012

Thank You Ashish Ji for your advice.

:)

Chargesheet is already filed few days back so I think Quashing FIR won't be an option now. Could I please get answers of below questions as well:-

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1. Discharge petition : I have so many documents which proves that statements put in the FIR & Chargesheet are wrong. Will I get benefit during Discharge petition? Also, Is there possibility to win the Discharge Petition on the basis of cancelling oppositions wrong points. If Discharege petition can give chance for success then I will go strongly with full preparation.

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2. Fight: I am planning to fight and win despite of mutual thing because I want to give a good lesson for false cases and few others may save from this. I have good amount of documents to win the case but just the thing is time and we have to spend our energy on useless things.

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3. Divorce: She already filed a Divorce petition in June as I heard but I didn't get any notice yet. I may not get notice soon but If I will get notice then I will definitly respond it. How much time usually takes before court will decree her divorce petition? atleast a year? I don't want to give Divorce unless 498 is closed.

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4. Maintenance: Again, I didn't get any notice and Court may award Intrim maintenance with some small amount to her I guess but will court can award one time almoney or fix monthly maintenance also without my agreement?  I don't have any property in India against my name so how it will be handled in that case?

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5. Passport Renewal: I want to renew passport here before I come to India because it won't be easy to renew passport in India. In that case, whether I need to mention case is pending against me and if I do that.. whether it will affect in granting permission?

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This website really helping me and others with good advice. I am following since last 5-6 months and it gives lots of confidence to me to fight the case.

 :)

Thanks & Regards,

Raj

MADURAI LAWYER (LEGAL CONSULTANT)     22 September 2012

Dear Sir,

At the time of deciding your discharge petition, merits of the case will not be considered. Only question as to whether prima facie case has been made out against the accused or not will be considered and nothing else. Even a suspicion that accused could have committed the offences alleged in the F.I.R. will lead to framing of the charge against the accused and not to the discharge.

You have raised a lot of doubts / questions about 498-A Proceedings.  If you want, you can speak to me on 9842197857 to get proper legal advice in your case.

 

https://jeevaganadvocate.com/contact.php

E.Mail: info@jeevaganadvocate.com
Mobile: + 91 98421 97857 and +91 98428 16527


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