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498A__misused (Sec)     31 July 2013

Questions ?

1. Married in 2-Dec-2011.

2. I filed divorce in 2-July-2013 (base is mental cruelty, because of our temperment difference between us)and she received the summon.

3. My father and mother lives seperately in Rajastan.

3. Druning this period she hardly stays with me 2-3 Months @Myhome in Ghaziabad as i was travelling to AUSTRALIA very frequently for some work.

6. For 15 days she was with me in Rajastan @ my parents home.

5. We stayed togather in her parents home for 2-3 months because of her pregnency.(she is from Punjab)

6. It was dowryless marriage and same got registered in Court as Dowryless marriage in July 2012.

7. Now I heard that since i filed divorce they are planning to file DV / 498a against me and my family.She is staying at her parents home from last 11-Months.

8. She applied for her passport in June 2012 and got same in july 2012 where she has given her residence address as her fathers place.

9. Fact is we had a verbal arguments few time and she abused my verbally , but there is no physical voilence between us (means there should not be any MLC)

10. All the jewellery (which i gave to her and which her parents given to her) she kept with her in her parental home.

Question 1 :- If she can file false 498A against me ? or will it be considered as Counter blast against my divorce?
Question 2 :- Her passport address is her parental home address even after marriage ? will it help me in fighting case?



Learning

 14 Replies

498A__misused (Sec)     31 July 2013

Can someone help me and reply to questions ?

Reformist !!! (Other)     31 July 2013

yes she can file 498a , it depends whether local police investigates or not and u know police rarely investigate anything.....

 

ans2---> it may help in a way that she never wanted to live wid u, so she applied for passport from her parents residence, other way around she may say u never wanted to keep her so u forced her to make Passport from her parents residence

Prashant Agnihotri (Lawyer)     01 August 2013

How she can prove the 498a against you?

Passport on her parents address-this is not a strong  reason.

498A__misused (Sec)     01 August 2013

agree with Prashant Agnihotri  but I am not scared  of 498a or any false case ...since i always treated her in good manner so 498a story will be false and i will fight in court and will proof my innocense.


 

Prashant Agnihotri (Lawyer)     01 August 2013

in these type of cases be polite and don't show your harsh behaviour against her,don't give her a chance to create evidence against you and if their behaviour is harsh against you,you can do a video recording of it,and create witness to win your case.

2BHelpfull (Other)     02 August 2013

Question 1 :- If she can file false 498A against me ? or will it be considered as Counter blast against my divorce?
YES she can file anytime 498a . and also all other section under various act.

 

Question 2 :- Her passport address is her parental home address even after marriage ? will it help me in fighting case?

what she write in passport for her marital status??

ur objection is not strong that her address is her parent home.there may be many reason for doing so.

498A__misused (Sec)     02 August 2013

I have no objection that her passport address is her parent home....It shows that she was at her parents home most of time and i was travelling frequently to AUSTRALIA ....i want to say how can you say guy is cruel when she was most of time with her parents , how can she say guy has harrashed me for dowry becuase she was safe and secure in her parental house ...(though i wanted her to live with my parents in during my visits to Australia , but she denied and pushed me that she will go to her parental home)

Now if someone harrashed you in your own house for dowry , that to when you have full family support then why there is no police complaint against guy when he was staying in your home ...and now why you came up  with criminal complaint after you know that husband has filled divorce on you ...so 498a iis counter attack nothing else.

Sameer (engg)     04 August 2013

My friend i have gone such situation means false 498a case, dont worry anything, just go through rights of accused. by law police cannot harras you. be contact in your lawyer, you can apply for AB.

And relax, you can file divorce case on grounds of false dowry case.

your can file FIR on statement which right of woman. that statement contians some true facts and 90%

false facts, only you to find proofs against that which is easy. but you have to be calm and patient. then take a long time to get results of case, bacause our system.

final i want add be try cool your mind means dont get frustrated and angry there motto is do the same with you, and widarw money from you.    

498A__misused (Sec)     04 August 2013

Hi Sameer,

thanks for consern and guidance.

I am not confused or upset.

I am justing thinking to use this point by my lawer during argument. so just seeking advise from seniors and friends to understand law.

Sudhir Kumar, Advocate (Advocate)     04 August 2013

try for reconciliation.

498A__misused (Sec)     06 August 2013

NO way.

Dont want to keep abusive wife with me :) just because of threat of false 498a or DV or maintenance .


(Guest)

Sudhir Ji, 

If go for Reconciliation whts the point of fighting against false 498a case. 

Its already a big mess in the indian society, so many families got ruined of this law..

How to fight against this False cases....

RAJAN (Member)     06 August 2013

Before answer your question, I want to clarify the following facts:

  1. How do you ascertain the future criminal cases are  to be filed by your wife ?
  2. Do you want legal remedy (Divorce) from Court ?  Or
  3. Do you want to file more cases against your wife ?  

 

 

 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     06 August 2013

She can very well file all the cases, and your objections are not strong enough.

 

Find some other grounds.

 

Regards,

 
Shonee Kapoor

Yahoogroups: https://groups.yahoo.com/group/sahodar 

If you don't fight for what you want, don't cry for what you LOST.

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