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how to save from 498a

how to save from 498a
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how to save from 498a
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Offline shakti 19800

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how to save from 498a
« on: December 04, 2013, 05:08:49 AM »
I got marriage on 28 jan. My marriage is not consumeted yet because my wife denied for sex from day one of marriage. I bought a flat with my name only before marriage and my wife lives in that flat. I am not allowed to live in my own flat because her brother and father live near the same area n support her and they beat me badly. I am paying the emi 9000 for the same brother is co- applicant.They have given false NC aganist me u/s 504,506.Wife met me on I am forced to live diffrent place and 18 oct 13 she send me a legal notice where she put all the false allegations and demand 20 lac rupees, transfer the flat and maintence 25,000 pm. My salary is only 17,000 and she is earning 20,000.
if I fail to complete her demand , she says she will lodge false cases 498a, DV, 504, 506, maintence etc. She says she will put behind the bar my entire family who live native place.
I am very frightened due to 498a. What should I do ? 

Offline advabdul

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Re: how to save from 498a
« Reply #1 on: December 09, 2013, 07:24:43 PM »
first of all she is play with your fear, if u show you are scared she will scare you more.

now that your marriage is not consummated you file for nullity of your marriage immediately.

denying sex to husband is a ground for divorce.

do this much when this is done let us know the outcome.

by the way your wife earns more than you hence no question of paying her maintenance.

Advocate Abdul
I am Muslim law Advisor

Offline Rutumbhara.Advocate

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Re: how to save from 498a
« Reply #2 on: January 07, 2014, 10:33:47 PM »
Dear Shakti, If she files a case under 498a, let her prove the allegations against you first. In 498-A case, the burden of proving the allegations is on the prosecution / complainant and not on the accused. She is creating fear within you. You can file a divorce on the grounds that your marriage is not consummated and it is evident from the fact that she lives alone in your flat and you are not allowed to live in your own flat. There are various guidelines which the Court relies for annulling of FIR, if the allegations are absurd or ridiculous, baseless. If the criminal complaint under section 498A IPC is dismissed, you may file a complaint under Section 182, 211, 500 IPC against your  wife for offence of giving false information to government authorities and filing false criminal complaint against the husband with the intend to injure and defame him falsely. Above all she cannot claim maintenance from you as she is earning more than you. You can file a case against her and her family alleging assault Section 351 IPC as they have badly beaten you. For the other alternative you can adopt the means of mediation. Mediation as used in law, is a form of alternative dispute resolution (ADR), a way of resolving disputes between two or more parties with concrete effects. Typically, a third party, the mediator, assists the parties to negotiate a settlement. Disputants may mediate disputes in a variety of domains, such as commercial, legal, diplomatic, workplace, community and family matters.You may take the help of an expert to assist you with the whole matter.You can call me at 09555 507 507 or send me a mail at

Offline rbkhade

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Re: how to save from 498a
« Reply #3 on: April 04, 2014, 11:22:24 PM »
My family is in big trouble.
My brother got married on 19-sep-13. His wife went to her aunty's place saying i m nt feeling well and will cum in 1-2 days. Bt wen she dint turn up, we enquired and got to knw tht she has filed 498a against my brother and mother. In her complaint she wrote all made up stories. My brother is in jail. We managed to get anticipatory bail from high court for my mother and we hv applied for bail for my brother bit lawyer is saying it will take time.M married and stay in different city. My father and mother both r sr. Citizen. Both r in a very bad condition mentally. My questions are:

1. How mch tym will it take to get bail for my brother. Cant we get bail on the basis that parents are alone and brother is d only 1 who take care of them?

2. Should we wait until we get bail for my brother for filing case against her and her family as this is totaly a false case?

3. What can be done to settle this case without trials as I dont want my parents to get harrased during trials. We r ready for divorce but how to solve this without fiving more pain to my parents. They r suffering a lot.

4. Will my brother loose his job because of this?

5. As she filed case against my mother, will we have to give them money or property which is in my father's name?

Please help. I m feeling helpless. My father is a retired defence officer. And nw after living a recognised and reputed life they r facing these...

Plz help


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