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Author Topic: false 498a on husbands family  (Read 14635 times)

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Offline mandxb4u

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false 498a on husbands family
« on: September 04, 2013, 06:00:23 AM »
I am victim of false 49A ,  after marriage i lived along with her for 35 days , when i returned back to Gulf , i came to know that she had a affair with someone , i got her email ids which she created by different names , finally i was success to found her passwords and gone through all the emails on 09/11/2013 , i was enguaged with this this girl on 28/02/2012. after my eneguagement she created a new email id and kept contact wid her old boyfreind, her last conversation with that guy was on 21/08/2012. after that i started recording my conversation with my wife in which she asked me srry and begged me to forgive her mistake, but i dint changed my decision to accept her , after that she reliazed that i am not going to accept her, her intention was to trouble me n my family, she started to fight wid my mom , so my old age parents left the home just to avoid  her false complaint against them, now she is living alone in my parents house and my parents are out of house , i am working in Gulf country .
   later she took help from some software engineers and deleted all email ids , but i have hard copies of all her coversations with that guy and also i took the backup of her emails to another id. my advocate is telling me not to fly india untill he says , she registered FIR on me , my dad , mom and my four sisters who are married. police officer knows that the complaint is false so they told us that they will delete my sisters names from FIR , my parents and sisters got the bail without arrest. now i need a help from you to save myself from this false case and to throw her away from my parents house and to get a divorce easily.

Offline advuma

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Re: false 498a on husbands family
« Reply #1 on: September 08, 2013, 07:15:08 PM »
you have a very strong case as your parents have left their house due to harassment from your wife, this will work in your favour.

Now your parents are I assume Sr citizens and you are out of the country, your parents should file a case on your wife for driving your parents out of the house and cruelty on them.

Sr.citizens have right to be looked after by children and their wives, as well as maintenance.

They should lodge a police complaint that they were driven out of the house by your wife.

You have to make your wife also face the harassment, being scared and running away is no solution.

once 498a is proved false than your wife will be in a big mess
if u like my posting plz submit your comments

Hi, I am advocate Uma Saika, from Assam

Offline mandxb4u

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Re: false 498a on husbands family
« Reply #2 on: September 10, 2013, 10:47:13 AM »
thank you for your reply ,

Can please advise what all counter cases i can file against her , she is trying to grab share in my fathers property.

Also advise if we can throw out from my fathers house legally.

Offline NRI LEGAL CONSULTING

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Re: false 498a on husbands family
« Reply #3 on: September 13, 2013, 04:00:55 AM »
Your father can move Tribunal under maintenance of Senior citizen act and complain against daughter in law for harassment . Obtain injunction against her . In respect of father self acquired property she has no right .
For more detail query us query@nrilegalconsulting.com

Offline Advokaterajiv

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Re: false 498a on husbands family
« Reply #4 on: November 27, 2013, 02:55:32 AM »
Dear Sir,

As you said the cases against your parents and sisters are likely to be deleted from the FIRs and they have been released on bail without much trouble. The only person likely to be in trouble under 498A is you, yourself. But, like you said you are currently settled in the Gulf, so by virtue of that you have the leverage of time factor before you come here. According to a recent Supreme Court judgement only the main accused can be arrested without investigation in 498A cases and the co-accused can only be arrested after the investigation has been done and the report has been filed in furtherance of that. Also, the 498A cases in revelation of these facts are likely to be dismissed and parallel proceedings against your wife can be initiated for harassing your parents. Also, you may file complaint against her for malicious prosecution as the case filed by her under 498A seems to be vexatious one and in this manner you cannot just protect you interests but make her pay for the wrongs that she has brought upon your family. 

But, her case against you is not very strong as from your description she doesn’t have anything against you to build up a case under Section 498A of Indian Penal Code. To the contrary the evidence that you have of her relationship continued even after marriage is admissible in the court of law and would be crucial in getting the cases under 498A against you dismissed in the court of law.

Also, according to the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, “Whoever having the care or protection of senior citizen, leaves such senior citizen in any place with intention of wholly abandoning such senior citizen, shall be punishable with imprisonment extending upto 3 months or fine upto Rs.5,000/- or with both.”

So, your wife as you have mentioned in your query is guilty of throwing your parents out of your parental home and this also adds to the evidence in your favour for showing the guilt of your wife and the cruelty with which she has dealt with your parents.

Regards,
Adv. Rajiv Malhotra
« Last Edit: December 14, 2013, 07:28:40 AM by admin »

Offline mandxb4u

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Re: false 498a on husbands family
« Reply #5 on: March 25, 2014, 05:40:26 AM »
 First of all , I would like to thank  Ms. UMA ,  NRI LEGAL CONSL and Mr. Rajiv for replying their helpful tips to my post.

Latest update on my case:

1)  The application filed by the petitioner under protection of women from DC ACT 2005 against my parents and sisters is dismissed by Lower court , court ordered that the property which she requested to stay is my fathers property and she don't have any rights to claim in that.  but they mentioned that she can seek INR 5000/- from respondent no:1 ( i.e  me) for her maintainance.

Now coming back to subject , The chargesheet has not yet came to the court regarding 498A , when we questioned the police officer he says that charge sheet has done and sent to court against me and my parents. now its almost 1 year finished she registered a complaint against me and my family under following sections :  504, 323, 506,498A, 149.

Kindly advise how to check weather charge sheet has done or not , If not what action I have to take to quash FIR.

Looking forward to receive your valuable replys.

Offline advshelly

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Re: false 498a on husbands family
« Reply #6 on: March 30, 2014, 03:28:10 AM »
It takes time, let it go as it goes... In 498a the more time passes the better it is for husband. So relax. Finally it will be proved false fo to lack of evidence.
Advocate Shelly is a Top Notch Learned Council

Offline mandxb4u

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Re: false 498a on husbands family
« Reply #7 on: April 02, 2014, 01:41:52 AM »
Thank to Advocate. shelly , Actually I am working in abroad , Its almost 1.5 years I dint travelled India. If I travel India what steps I have to follow? also please clarify on below points.
 
1) Shall I visit India to apply for divorce?
2) If I have plans of 2nd marriage , shall I go ahead or to wait untill I get divorce ?
3) If I visit India is there any chances of getting arrested from airport?
4) Is there any option to apply for a divorce from abroad?

Looking forward to receive your immediate reply,

Offline mandxb4u

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Re: false 498a on husbands family
« Reply #8 on: June 14, 2014, 04:47:17 AM »
Please reply to my request.......... I am waiting for your valuable suggestions.

Offline advocate-lyngdoh

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Apply for anticipatory bail
« Reply #9 on: June 14, 2014, 09:57:21 AM »
Apply for anticipatory bail to avoid arrest.
until and unless you have a divorce decree you cannot marry.

you have to apply for divorce in that city where your wife resides
Advocate Lyngdoh
Laitumkhrah, Shillong

 

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