False 498A case
Rathindra
(Querist) 22 January 2017
This query is : Resolved
Dear Sir / Madam,
At the outset, I would like to put forward briefly the background of my case, before I seek answers to my queries.
Background of the case:
1. After all efforts failed to salvage my marital life, I filed divorce petition against my wife at district court, Jorhat (Assam) in February, 2014 on grounds of cruelty and adulturious indulgence.
2. Ours was a marriage based on matrimonial alliance, courtesy: Ananda Bazaar Patrika. I work as Principal of a Central Govt. school that takes me to all parts of India. My parents or any of her in-laws never lived together or in our close vicinity. She too had'nt lived either. Since our marriage, which was solemnized in January 2008, she wilfully started neglecting her marital duties and created tantrums over trivial domestic issues. She was violent & abusive towards me, not even sparing my old parents and her in-laws. We were blessed with a girl child (now 7 yrs) in December, 2009. Sadly, in spite of taking full care of my wife, her misconduct & and intolerable behaviour inflicted tremendous sufferings on me. She would torment me by attempting suicide and killing my daughter. I had even discovered evidences against her illicit involvement. Her cruel treatment, adulturious indulgence & unreasonable material demands and impulsive spending spree left me physically, mentally & financially exhausted. After failing to endure any more sufferings & cruel treatment, I, accompanied with substantial proof in digital format, visited Sadar Police Station, Jorhat (Assam) in January, 2014 and registered a diary against her misdeeds.
3. After my filing of divorce petition, she lodged an FIR u/s 498A, et al, 6 months later in August 2014 at her parental home (in Rupnarayanpur, West Bengal) and falsely implicated me & my parents. Fearing police custody, we surrendered before hon'ble Addl. CJM Asansol & were granted bail in October, 2014.
4. As regards my divorce petition, the respondent wilfully disobeyed court notice & never appeared before Jorhat Court for hearing. On June, 2015, Hon'ble ADJM, Jorhat passed an order for exparte divorce decree. But, before the order was passed in writing, a letter from SCLSC, New Delhi arrived in the late afternoon of 25 June, 2015. Unfortunately, the exparte order on my divorce case was kept in abeyance till further orders by SC.
5. Meanwhile, my wife filed case for maintenance in Asansol court & divorce transfer petition in SC.
6. Eventually, Asansol court passed order for interim maintenance till the proceedings of case u/s 498A, et al, continues. The trial & litigation on 498A is in process and the petitioner has failed to testify / prove every allegations mentioned in the chargesheet.
7. The divorce transfer petition u/s 25 C. P. C. is yet to be listed & heard in SC.
Till now three years have passed and long judicial procedures are yet to dispose justice or rendered respite of any sort. I am currently shouldering the burden of false 498A, Sec.125 for maintenance and my pending exparte order on divorce petition. I haven't met my 7 year old daughter for the past three years as she is in my wife's custody. I am denied the right to bring up my biological child in a conducive environment who is very much part of my whole being. All these life's vicissitudes have embittered my present and left my future bleak. Nevertheless, my old ailing parents are suffering equally.
Now, I would like to put before you my following queries :
1. What strategies should be taken to expedite the dismissal of the 498A case & quashing of the F. I. R.?
2. Are there any provisions for the acquittal of senior citizens who have been made accused without any police investigation or substantial proof against them?
3. What measures should be taken to counter file case against filing false case in the court?
4. What strong grounds can be argued during litigation to nullify the claim for maintenance /alimony? (The claimant is PG & professionally qualified in dance)
5. What are the sections under law to protect the rights of a father in claiming custody for his child's better future.
6. What valid points can be raised in opposing the transfer of my divorce case from Jorhat to Asansol as filed by the petitioner in SC?
7. What provisions are there in the Law of the Land to expedite the disposal of justice in a case of outrightly manipulated & concocted allegations.
8. Although the tilt of justice towards women in 498A case is hitherto known, can we expect the court to be gender neutral in my case?
Looking forward to your prompt response & prudent advice.
Regards,
R. N. Sarkar
adv.bharat @ PUNE
(Expert) 22 January 2017
Sir you need to defeat the case on merit.
since making false allegation is simple but it is impossible to prove it before the court of law.
Sudhir Kumar, Advocate
(Expert) 23 January 2017
you are apparently on bail. You are govt employee.
How long you were in custody?
have you reported in writing to your deptt that you were in custody and on bail?
Rathindra
(Querist) 23 January 2017
Sir, as mentioned in my case background above, I was not in police custody. I appeared before ADJM Asansol 3rd court with my parents. We were granted bail. Now the 498A case trial is going on..
Intimation regarding my case status has already been given to my dept.
Rathindra
(Querist) 23 January 2017
Sir, as mentioned in my case background above, I was not in police custody. I appeared before ADJM Asansol 3rd court with my parents. We were granted bail. Now the 498A case trial is going on..
Intimation regarding my case status has already been given to my dept.
Rathindra
(Querist) 23 January 2017
Sir, as mentioned in my case background above, I was not in police custody. I appeared before ADJM Asansol 3rd court with my parents. We were granted bail. Now the 498A case trial is going on..
Intimation regarding my case status has already been given to my dept.
Rathindra
(Querist) 24 January 2017
Please give elaborate reply to my queries as mentioned..
Guest
(Expert) 28 January 2017
Mr.Sudhir Kumar Please Note that Querist had Posted "Please" in his Last Post which is Obviously an Request and Not a Command Please.
