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(Guest)

Victim of 498a case - how to exit?

498a, it is clear cut false case filed by police without any enquiry. she ran away from the house by herself and despite that i have been paying 5000 rupees due to the child. i thought she will come back some day, but things have taken ugly turn now due to filing of 498a. it is very clear that she herself stated that i have not taken any dowry, but claimed that i am threatening her, hitting with knive extra for getting dowry, as she has not given any. i have valid points that she has not even lived with me properly and left my home the day she got conceived, and has not returned after that, except that after delivery expected me to come and see the baby and get my parents house registered in her name for the sake of child. i asked why should i do that, and then only she filed 498a.

discharge petition on 498a is pending, pp is yet to file counter, and dragging the case. how to speed up the case? also, i stopped i stopped paying monthly amount to her. so, she has filed setction 125 crpc on me. i am clueless on what do now. i have not paid only last 6 months due to her cheating behaviour and filing false 498a. please help. lawyer has taken 30000 rupees and saying, it will take years for case to close. how to exit from 498a as it is affecting my job? how to counter 125 crpc? i have proof for payments done through postal and bank.



Learning

 15 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     17 February 2016

Which city is the case pending in ?

(Guest)

no location pleaase sir

Kamadana (consultancy)     18 February 2016

Even I am very much interested to know on how to come out of a 498A false case. Some over greedy married women are filing false cases to just extort money in one way or the other. Even Honourable Supreme Court has given the guidance to move cautiously on this kind of false cases but there is no reprive for innocent people who were framed wrongly in these cases resulting in loss of money and also creating lot of mental trauma. Can you  please suggest a way out? 

I am from Hyderabad, Telangana State.

Thank You!

Deb   18 February 2016

What is the proof that she ran out of your house? What is the proof that you have not forced her out of your home, when she conceived? My family is a victim of a similar case, where we are facing a bogus petition from my BIL. He claimed we threatened him of dowry harassment case, whereas he has repeatedly promised my sister to visit her, he even made alibis to the doctor when the doctor needed to take a decision on premature delivery. He pressurized my sister to come to our rented accommodation in bangalore claiming that her widow mother should take of her responsibility after 3 months of delivery. In our case the petition is filed at a place where neither the marriage was solemnized nor the couple stayed together. In fact it has come to light that my BIL was buying expensive gifts to his lady friends, including perfume bottles when my sister was pregnant with his kid. We are at opposite end of the spectrum, and both victims upto certain extent. However, i cannot fully agree or disagree with your story as there seems too many gaps.

Deb   18 February 2016

What is the proof that she ran out of your house? What is the proof that you have not forced her out of your home, when she conceived? My family is a victim of a similar case, where we are facing a bogus petition from my BIL. He claimed we threatened him of dowry harassment case, whereas he has repeatedly promised my sister to visit her, he even made alibis to the doctor when the doctor needed to take a decision on premature delivery. He pressurized my sister to come to our rented accommodation in bangalore claiming that her widow mother should take of her responsibility after 3 months of delivery. In our case the petition is filed at a place where neither the marriage was solemnized nor the couple stayed together. In fact it has come to light that my BIL was buying expensive gifts to his lady friends, including perfume bottles when my sister was pregnant with his kid. We are at opposite end of the spectrum, and both victims upto certain extent. However, i cannot fully agree or disagree with your story as there seems too many gaps.

Deb   18 February 2016

What is the proof that she ran out of your house? What is the proof that you have not forced her out of your home, when she conceived? My family is a victim of a similar case, where we are facing a bogus petition from my BIL. He claimed we threatened him of dowry harassment case, whereas he has repeatedly promised my sister to visit her, he even made alibis to the doctor when the doctor needed to take a decision on premature delivery. He pressurized my sister to come to our rented accommodation in bangalore claiming that her widow mother should take of her responsibility after 3 months of delivery. In our case the petition is filed at a place where neither the marriage was solemnized nor the couple stayed together. In fact it has come to light that my BIL was buying expensive gifts to his lady friends, including perfume bottles when my sister was pregnant with his kid. We are at opposite end of the spectrum, and both victims upto certain extent. However, i cannot fully agree or disagree with your story as there seems too many gaps.

Deb   18 February 2016

What is the proof that she ran out of your house? What is the proof that you have not forced her out of your home, when she conceived? My family is a victim of a similar case, where we are facing a bogus petition from my BIL. He claimed we threatened him of dowry harassment case, whereas he has repeatedly promised my sister to visit her, he even made alibis to the doctor when the doctor needed to take a decision on premature delivery. He pressurized my sister to come to our rented accommodation in bangalore claiming that her widow mother should take of her responsibility after 3 months of delivery. In our case the petition is filed at a place where neither the marriage was solemnized nor the couple stayed together. In fact it has come to light that my BIL was buying expensive gifts to his lady friends, including perfume bottles when my sister was pregnant with his kid. We are at opposite end of the spectrum, and both victims upto certain extent. However, i cannot fully agree or disagree with your story as there seems too many gaps.

Deb   18 February 2016

What is the proof that she ran out of your house? What is the proof that you have not forced her out of your home, when she conceived? My family is a victim of a similar case, where we are facing a bogus petition from my BIL. He claimed we threatened him of dowry harassment case, whereas he has repeatedly promised my sister to visit her, he even made alibis to the doctor when the doctor needed to take a decision on premature delivery. He pressurized my sister to come to our rented accommodation in bangalore claiming that her widow mother should take of her responsibility after 3 months of delivery. In our case the petition is filed at a place where neither the marriage was solemnized nor the couple stayed together. In fact it has come to light that my BIL was buying expensive gifts to his lady friends, including perfume bottles when my sister was pregnant with his kid. We are at opposite end of the spectrum, and both victims upto certain extent. However, i cannot fully agree or disagree with your story as there seems too many gaps.

Deb   18 February 2016

What is the proof that she ran out of your house? What is the proof that you have not forced her out of your home, when she conceived? My family is a victim of a similar case, where we are facing a bogus petition from my BIL. He claimed we threatened him of dowry harassment case, whereas he has repeatedly promised my sister to visit her, he even made alibis to the doctor when the doctor needed to take a decision on premature delivery. He pressurized my sister to come to our rented accommodation in bangalore claiming that her widow mother should take of her responsibility after 3 months of delivery. In our case the petition is filed at a place where neither the marriage was solemnized nor the couple stayed together. In fact it has come to light that my BIL was buying expensive gifts to his lady friends, including perfume bottles when my sister was pregnant with his kid. We are at opposite end of the spectrum, and both victims upto certain extent. However, i cannot fully agree or disagree with your story as there seems too many gaps.

Deb   18 February 2016

What is the proof that she ran out of your house? What is the proof that you have not forced her out of your home, when she conceived? My family is a victim of a similar case, where we are facing a bogus petition from my BIL. He claimed we threatened him of dowry harassment case, whereas he has repeatedly promised my sister to visit her, he even made alibis to the doctor when the doctor needed to take a decision on premature delivery. He pressurized my sister to come to our rented accommodation in bangalore claiming that her widow mother should take of her responsibility after 3 months of delivery. In our case the petition is filed at a place where neither the marriage was solemnized nor the couple stayed together. In fact it has come to light that my BIL was buying expensive gifts to his lady friends, including perfume bottles when my sister was pregnant with his kid. We are at opposite end of the spectrum, and both victims upto certain extent. However, i cannot fully agree or disagree with your story as there seems too many gaps.

Deb   18 February 2016

What is the proof that she ran out of your house? What is the proof that you have not forced her out of your home, when she conceived? My family is a victim of a similar case, where we are facing a bogus petition from my BIL. He claimed we threatened him of dowry harassment case, whereas he has repeatedly promised my sister to visit her, he even made alibis to the doctor when the doctor needed to take a decision on premature delivery. He pressurized my sister to come to our rented accommodation in bangalore claiming that her widow mother should take of her responsibility after 3 months of delivery. In our case the petition is filed at a place where neither the marriage was solemnized nor the couple stayed together. In fact it has come to light that my BIL was buying expensive gifts to his lady friends, including perfume bottles when my sister was pregnant with his kid. We are at opposite end of the spectrum, and both victims upto certain extent. However, i cannot fully agree or disagree with your story as there seems too many gaps.

Deb   18 February 2016

Apologies, my comment got posted repeatedly. Could be a problem with this app. I have faced the problem even earlier.

(Guest)

she herself has written in the petition that she had left the home because she wanted to feel better for delivery of child. also specified that she has given dowry but all the items are with her only. my lawyer is saying she can not win this case, let us contest for a win. but, i can not run a case for years, because i am going to win. kindly suggest.

Deb   19 February 2016

It seems your will need an out of court settlement, and for that some mediation from both the families. Where are you from? Have you tried taking help fron NGOs?

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