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Author Topic: False 498a Domestic Violence  (Read 313 times)

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Offline sudev

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False 498a Domestic Violence
« on: September 22, 2016, 12:43:56 AM »
My wife had left me just after 40days of marriage. She had left from my residence suddenly without informing anyone and we had also filed a missing complaint at that time and the local police also had called her brother to get back still she did not return. Even after attempts asking her to come back she has not returned and staying with her family. Now its already 1yr 5 months to marriage and 1 yr 3 months staying separately. Now she has given a written complaint in police station and i was called for counseling in the police station 3 times until now. They are asking to make a one time settlement of 40lakhs to which i denied.
I had applied for Divorce but she has now threatened me of filing the case and registering of FIR.
Would i be arrested immediately as they have called for one more counseling?
I have not yet applied for any bail? Would i get time for applying bail?
She is not having any proofs stating dowry harassment or seeking dowry as we have born all the expenses of marriage, would i still be penalized for dowry harassment?
Can i sue her for all the mental harassment she is giving me and my family?
Can the police force me take her back even after such criminal intention of filing false 498a case?

Offline rajgopal sripathi

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Re: False 498a Domestic Violence
« Reply #1 on: September 22, 2016, 08:40:10 AM »
You do not need to worry.
If the police complaint has been filed, but FIR has not been filed, it means police is also skeptical of the claims of your wife.
Ensure that you have a lawyer whenever you go to the police station for counselling and also do not miss the counselling sessions.
If you have not taken any dowry, then you do not need to worry at all.
Keep all of the marriage expenses records handy and police cannot arrest you when you are supporting the counselling and based on false charges.
If the wife is asking for One time settlement of Rs40Lakhs, that claim is by itself ample proof that your wife is abusing the process of law and that too with the help of police.
The mere fact that the girl is harassing you on false charges under 498A will get you a divorce.
Also since your wife left you after 40 days of marriage and also that she has deserted you for the last 1 year 6 months, the courts will be inclined to listen to your views patiently and considerately.
No worries.
Rajgopal Sripathi

Offline sudev

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Re: False 498a Domestic Violence
« Reply #2 on: September 23, 2016, 01:23:04 AM »
Further to the above proceedings at police station i stated earlier in this post. In the last counseling I denied of paying even 10 lakhs as one time full settlement, so the police had asked her whether they have to register her complaint which she had filed at her home town. To that she gave a written letter to the police, stating she is not mentally stable and that she would decide about the complaint later. Also, she has threatened me of filing a complaint at my home town, right infront of the DSP where she had made the complaint.
How long the police would wait for the complaint to either be withdrawn or to FIR the complaint?
I am preparing to file Divorce from my end, but people around me threaten that when a guy files divorce he has to maintain all expenses of wife in the court proceedings. Is this true?
Thirdly, can she claim residential status at my parentís residence if she files complaint at my home town? I do not want my sick mother to get more harassed by her coming home.
Would the law allow her staying at my mother's home even without my mother's consent?
What necessary action do i need to take to stop her harassment by coming home?
Many thanks!

Offline advjaibansal

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Re: False 498a Domestic Violence
« Reply #3 on: September 25, 2016, 11:49:01 PM »
Dear Sir,

There is no time limit. Unless the wife consents or writes a letter to the police, they will not register the FIR. Even if you don't file for divorce and wife files for maintenance, still you are liable to maintain her and children. Hence, you may go ahead and file your divorce if you wish. For rest of the cases, please contest them as and when they are filed on its own merits.

jai bansal
Advocate, New Delhi
Supreme Court of India
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