what if 498a case proved to be false

Mr. Freelancer, you are not alone. I am with you and so does the entire group of supporting individuals from this forum. I am also going through a similar condition but the only difference is my wife left me after staying with me in USA for 10 years and she is using my daughter as her battleshield. Also, unlike your wife, my wife ran away with my 40lakhs hard earned money and left me in a state of financial cripple. Still I will not break nor will agree to their terms. I suggest  Don't make any compromise with her or your in-laws. If you bend now you will bend for life. Change your life. Use common sense and practical wisdom and not use your emotions in this case. Be very cold. Understand that you still have blind or deaf love towards your wife and she has cheated you by the way maltreating you and misusing your trust. That makes her cruel.

Though I am not a professional legal practitioner, I want to help you with some friendly words that you may use in your strategy of attack.

Please do the following things:

1. Send her message or letter that just because you filed a case against me does not mean you can not come back. You are always welcome (now whether you want her back or not is another thing but this will be used as a proof to show the court that you done something to save your marriage.)

2. Send some money to her if she is jobless or earlier was financially dependent on you.

3. Write to your father-in-law and mother-in-law in very respectful wordings that you have full trust in them and they will do their best to restore your marriage and send her back to you. (This will prove that you have no bias or anger towards them atleast legally and shows your character as forgiving or lenient).

4. Write to her every month via registered post and save xerox copies.

If she has already filed a divorce case under HMA 13a, do not agree for mutual consent until you understand whether she can win the case. Most probably she may enter the case using cruely as the ground for divorce and proving cruelty is very difficult if you have never done any such acts.

If there is a pending divorce case, you may file child custody case and interim custody case. Atleast you will get visitation rights as well as taking your kids at your place for holidays and festivals. No court can deny that unless you have a child molestation case pending. This will neutralize their stand that they are holding all the keys for your access.

Do no initiate any dialouge but always write that you want to initiate a dialogue to save your breaking marriage. This makes it very difficult for them to prove that the marriage is irretrivable broken down which is a requirement for divorce.

Telll you wife (through someone) that I want to fight the case for next 15-20 years and love the slow pace of the case proceedings. Try to make the case very slow and enjoy the pace. It may hurt you initially but believe me it hurts your wife way more.

My friend also undergone the same and his wife got so much irritated by the slow pace that eventually she withdrawn the case and came back in two years with unconditional apology.

You must study few things:

1. Typical way of thinking of indian women (when it comes to court cases)

2. Read the book "Change you life in 7 days" (though not for this subject it will make you strong)

3. Read some law books and study around 100-200 cases that will help you take some practical decisions on your part.

Wish you all the best.

Mahesh

Mr feelancer, Also I want to give you one more suggestion. Please do not sell your flat. The reason is very practical. If your wife files for maintenance (which she will sooner or later) under IPC 125, you may show that you have your loan payments as liability and thereby reduce your monthly income so you will not have to shell off a very large portion of your earnings. Also, if you want gift your mother and father something like retirement plan from LIC or other institution (you can claim tax deduction on it under section 80D) and make monthly payments from your salary. Also, get a medical insurance for you and your family (including your spouse). This will help you later on in the court.

Thanks

Mahesh

Dear Mahesh,

Thanks a ton for your valuable suggestion. As you rightly said,i have no intentions to sell of the flat as ths is the only thing i have  and i had aquired with my hardearned money. I am in no mood to sell of this flat. Also as far as the medical insurance and LIC is concern, already i am paying Rs: 80000/- annually since last 3 years towards LIC premiums of 3 policies in which 2 of them are on the name of my wife and the 3rd one is on the name of my little angel ( My Daughter). Also i got medical insurance covered from my employer forthe whole family, a coverage upto 4lakhs annually.

And the most sorrow part is that my parents passed away and hence i was not able to do anything to them.

LET IT BE PROOVED FALSE, THEREAFTER WILL DISCUSS.

No court in this world can force two people (read husband and wife) to stay together untill and unless they want to do so from the depths of their own hearts. If they have to stay together due to any pressure or force then the results will be the same. So if you want to stay with her then do it with your own efforts.

And beware of the GAPS which will be filled by your wife next time. May be she does not want to do so but under the influence of her parents you may become homeless and may be in more worse conditions than now. I repeat BEWARE! 

PS: Everybody will have his / her own views and everybody is free to express and I welcome to do so. 

All the best!

Mr cool. could you please enlighten me some more on GAPS and what is the procedure for it? I do not see how he could become homeless so could you please explain me the process in depth logically so that other readers and myself would get more information on it.

If you want to spend rest of your life peacefully, then 498A wife should not be taken back. I do not want to open a debate here by describing the GAPS.

This is what my opinion is, and you are welcome to differ from my opinion. Everybody in India is free to express his / her feelings. It's your personal choice if you want to adapt an advice or not.

All the best!

Mr Freelancer, you game is just started. Do one thing now. Since the FIr has been registered against you under section 498a, under RTI write a letter to SP, District location of FIR in the following format:

Subject: Application under Section 7 “Life or Liberty” of the RTI Act – 2005, as being this matter concerns to the Life and Liberty of Mr. Freelancer

Reference: 1) FIR No: x/YYYY, Dated: DD/MM/YYYY filed at Mahila Police Station, Xxxxxx by Mrs. Xxxx yyyyy.

Respected Sir,

Respected Sir,

This has reference to the above subject matter and you are requested to provide the following information point wise in detail / complete in all respect to the FIR No: x/YYYY Dated: DD^th Month Year, complaint lodged by Mrs. Xxxx yyyyy at Mahila Police Station, Xxxxxx.

1)     Kindly provide me with certified copies of the latest guidelines, circulars issued by you to the SHO’s and Mahila PS within your jurisdiction regarding investigation and verifying the claims of the complainant punishable under IPC sections: 498A, DP ¾ and 307 cases.

2)     Kindly inform me in “Yes/No” format, if the police officers are obliged to obey orders, instructions and guidelines regarding policing given by the Apex court or any Courts?

3)     Kindly inform me, if the answer to the query in Point (2) is “Yes” then:

a)  Kindly provide me a copy of the circular issued by the Director General of Police, Your State Name, as per the instructions given by the Supreme Court of India in the judgment of Joginder Kumar Vs State of UP dated: 25/04/1994.

b)  Kindly inform me whether or not the guidelines in the Judgment “Joginder Kumar Vs State of UP dated: 25/04/1994”, got enforced at Mahila PS, Xxxxxx, Mmmm District in FIR no: x/YYYY Dated: Day^th Month Year, registered by the Investigation Officer based on the complaint from Mrs. Xxxx yyyyy.

c)  If the answer to the query in Point 3(b) is “Yes”, kindly provide/supply me the relevant facts and documents for your justification.

d)  If the answer to the query in Point 3(b) is “No”, kindly provide/supply me the relevant facts and documents for the justification.

4)         Kindly provide me the Investigation Officer (IO) details – Name, Designation, Badge Number, Office Address and Phone No who investigated for the aforesaid crime No: x/YYYY, Dt: Month Day^th Year registered at Mahila PS, Xxxxxx and Mmmm District.

5)         Kindly inform/supply me about the preliminary actions/measures to be taken if the concerned IO/SHO at Mahila PS, Xxxxxx is responsible for case recommendations on the preliminary stage for filing of FIR on marital disputes, therefore what are the actions/ measures (like counseling or any other measures etc.) available with IO/SHO to prevent the registration of false complaints, because fabricated complaints are increasing the burden on Police and Judiciary system.

6)         Kindly inform me about the preliminary actions/measures taken/followed by the IO at Mahila PS, Xxxxxx in this case FIR No: x/YYYY before recommending for registration of criminal case. If the answer is “No” then please supply me with reasons for your justification in not initiating such preliminary actions/measures that are suggested/ available at the disposal of the Investigation Officer or Dowry Prohibition Officer.  

7)         Kindly provide me the following information (with supporting documents) regarding investigation of the aforementioned crime FIR No:x/YYYY at Mahila PS, Xxxxxx:

a)  Date and time when IO at Mahila PS received the Magistrate order for investigation.

b)  Details of the preliminary investigations done/verified by the IO to ascertain that the statements of the complainant are true, before recommending the registration of FIR. Kindly supply me names of people / date / time / addresses that IO had interrogated in order to conclude that the offences are real and true and checked the integrity of the petition to conclude that there were no oblique motives and no attempt of blackmail and extortion by the complainant.

c)  Time spent on investigation – (total number of days before/after arrest – please mention the clear breakup period of investigation before/after from the date of complaint and also after arrest/surrender of accused till submission of Charge Sheet).

d)  Total expenses incurred by Mahila PS, Xxxxxx during the investigation of this crime - from the date of complaint, during/closing of investigation and filing of Charge Sheet in the Honorable Court of the Judge II A.J.F.C.M, Xxxxxxxxxxx. Please provide me all the expense statements along with bill copies like Petrol bills, Taxi bills (if any), Food bills, Toll Tax paid receipts, Lodging and Boarding bills and other expenses incurred, if any, bill copies to be supplied that were supplied to the accounts approval authority.

e)  Kindly provide me with the date and time, when the Xxxxx Police station, Medak District were first informed by the Mahila Police station, Xxxxxx about the above crime FIR No: x/YYYY to serve arrest warrants against all accused residing at Xxxxxx PS limits. Please provide me the certified true copies of all relevant documents and records, like station house dairy, station movement register, or any entries made w.r.t this information, which the PIO deems relevant and necessary to disclose and maintained at Mahila PS, Xxxxxx for this requested information.

f)    Kindly provide me with the date, time and communication medium used, when the Mahila Police station, Xxxxxx first informed all the accused about the said crime FIR No: x/YYYY to make arrests or informed them about the registered criminal case. Please supply me the necessary documents or records for your justification, if there is any delay by more than a day from the date of the complaint received by the IO.

g)  Kindly supply me the date of Journey of the IO to "your city name" and also supply me the details of the people the IO had met during his/her investigation at Xxxxxx/City

h)  Kindly supply me the mode of journey with relevant proofs that the IO had submitted to the approval authority when she/he travelled to "your city name" to conduct the investigations and also supply me the number of days the IO had stayed at "your city name"/Xxxxxx to conduct the investigation, please supply me bills of boarding and lodging details submitted by the IO to the approving authority.

i)    Kindly supply me the date, time, places and details of the people IO had met during his/her investigation at Xxxxxxxxxxx and Xxxxxx / "your city name".

j)    If the information in requested in Points 7(a-i) is denied to the applicant, kindly supply me the reasons for your justification.

8)         Kindly provide me with certified copies of directions issued by you to Mahila PS and all SHO’s within your jurisdiction to collect, verify and attach the evidences about the claims of expenses incurred on marriage, before and after marriage, like the bills of purchase and receipts, cash flows, income tax returns, as mentioned in the complaint copy when they have done investigation and recommend that FIR to be made against persons accused with punishable offence under sections IPC 498A, DP ¾.

9)         Kindly confirm me whether or not the guidelines in the Judgment of Smt. Neera Singh Vs The State(Govt. of NCT of DELHI) CRL.M.C.7262/2006 dated 23.02.2007 and Others -  Justice Dhingra of Delhi High Court has been observed in FIR no: x/YYYY Dated: Date^th Month Year, registered by the IO at Mahila PS, Xxxxxx, Mmmm District.

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In the matter of Smt. Neera Singh Vs The State (Govt. of NCT of DELHI) CRL.M.C.7262/2006 dated 23.02.2007 and Others Justice Dhingra of Delhi High Court has observed that:

“The police should simultaneously register a case under Dowry Prohibition Act (in short, the Act) against the parents of the complainant as well, who married their daughter despite demand of dowry. Section 3 of the Act prohibits giving and taking of dowry. If a woman of grown up age and well educated gets married to a person despite dowry demand, she and her family becomes accomplice in the crime under Dowry Prohibition Act.”

Now-a-days, it has become a tendency to make vague and omnibus allegations against every member of the family of the husband, involving everybody under Section 498A and 406 of the IPC by making one or the other allegations.

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The above idea is not mine but is by one Mr. Cheeda who has been tormented by 498a and has done the same. Please give full credit to this person.

Plus add more details pertaining to your case in point-wise format and shoot the letter using registered post and wait for the reply. The reply will surely weaken her case.

Dear All,

Thanks for your support that been given to me at my hardest times. I just want to share with you all the good news that my wife had realised her mistake and wanted to come back now after 6 months (Approx.). This news came just yes.day and am happy that she finally realised her mistake.

I would say that without your support and guidance, i may not be able to fight with such confidence & patience. However, it made me beggar in the streets as of now (Not for fighting in court as i had never visited court except for the first time) but towards the hefty expences in visiting the in-laws house in kolkata over this period.

However, there is one more issue which i required yoyur support and guidance as my in-laws visited the police station yes.day to update the status that the complinant (My Wife) is wiling to go back to in-laws house (To my House) but in turn the police station incharge told my inlaws that the case (498A) need to be settled first if she required to come back.

My pain in at this moment i really cannotmove from delhi and i will not get any more leaves from the company i am working for due to exceeding the leaved in lat 6 months. Also i just came back from kolkata (just returned back on 1st March frommy in-laws house).

Please advice on the same on how to get the issue resolved.

Thanks a ton for this lovely site which had provided me expert support & Advice.

Regards

Freelancer.

Dear All,

Thanks a ton for all your valuable suggestions. But however, one more thing i would like to know. IS there any such support system from judiciary where the husband & wife gets counscilling before taking any descision as once descision taken, i am sure the two would part their ways. In this case, the two would lead their life with some adjustments. Butin this case, if anyone gets affected,that would be children. They have to live the remaining life without complete package of family and it will badly reflect in their minds ands future as well.

Is there any process that can stop this and get the wife & husband together? Will court agree for counscilling so that the two understand their good & bads and mould themselves acordingly?

Because, in my entire story, i am understanding that my wife is entirely & blindly following herparents way. By the way most amazing part was that my mariage was love marriage and my In-laws parted their ways with us  after some clash 3years back and does not turn back even to see whether her daughter is alive or not. Now suddenly they came into mylife and spoiled my entire life just because of their personal revenge on me (I guess).

Pleae advice on this because i still not able to understand on howe to proceed further, because , i want my family back and want to lead a peaceful life. Your inputs and suggestions ae most important for me. If i proceed in court, i am sure that we part our ways since it create space in between us but not help us to understand each other.

****For your information which may help us to guide me: My parents passed away long back due to which i do not have any support from my paental side. I am the single person who has to face this alone.

Dear All,

Thanks for your support that been given to me at my hardest times. I just want to share with you all the good news that my wife had realised her mistake and wanted to come back now after 6 months (Approx.). This news came just yes.day and am happy that she finally realised her mistake.

I would say that without your support and guidance, i may not be able to fight with such confidence & patience. However, it made me beggar in the streets as of now (Not for fighting in court as i had never visited court except for the first time) but towards the hefty expences in visiting the in-laws house in kolkata over this period.

However, there is one more issue which i required yoyur support and guidance as my in-laws visited the police station yes.day to update the status that the complinant (My Wife) is wiling to go back to in-laws house (To my House) but in turn the police station incharge told my inlaws that the case (498A) need to be settled first if she required to come back.

My pain in at this moment i really cannotmove from delhi and i will not get any more leaves from the company i am working for due to exceeding the leaved in lat 6 months. Also i just came back from kolkata (just returned back on 1st March frommy in-laws house).

Please advice on the same on how to get the issue resolved.

Thanks a ton for this lovely site which had provided me expert support & Advice.

Regards

Freelancer.

Dear Friends.

Please advice urgently only last post.

Bro.

If you are in trouble due to the shortage of leaves ?

think why are you working, why are you so worried for your JOB, simply for your FAMILY and thats your parents, wife and your kids.

if your wife who is supposed to be your better half standing besides you in every thick and thin and its she who has put you in this scenario, choice is very difficult, in INDIA its more complicated than a rocket science.

follow your conscience, if you are sure she is your love and your life partner with whome you want to grow old  and you have a chance nothing on this earth could stop you.

BUT if it is a ploy to regain some proofs to establish their claims for 498A or if you can smell if its a planned  move pls avoide.

MY POST IS PURLY ON THE UNDERSTANDING TO YOUR HANDLE OF THIS THREAD NOW  YOU ARE CONFIDENT ENOUGH TO WIN THIS CASE BUT MIND YOU ONE MORE 498A YOU WILL POST LIKE "FIRST TIME SURVIVED SECOND TIME FINISHED"

ONE MORE THING WINNING A CASE AND MERELY GOT ACQUITTED FOR WANT OF PROOFS BEYOND THE REASONABLE DOUBT BOTH ARE THE DIFFERENT THINGS FIRST ONE IS YOU ARE INNOCENT SECOND ONE IS YOU ARE CLEVER/CUNNING/POWERFUL  AND OPPSITE PARTY IS POOR AND HELP LESS.