498A
Mahi
(Querist) 23 February 2017
This query is : Resolved
Respected Sir,
One important thing I need to ask, I got married in 27 Sept 2015 and loved separartely from the family from the day first, 7 to 8 months everything was good, but she followed the footsteps of her mother, who supported her for her bads with me, due to that she sue on me with following charges-
1. One main allegation she made that my mother and elder brothers wife beaten her up for asking dowry, whereas my Bhabi is separately living almost 10 years.
2. She also allegate that I beaten her up harshly and she got a fake medical certificate from her personal contacts.
3. She also said that I asked her to bring dowry or money from her home, as I had not asked anything from her at the time of marriage.
4. She has put 4 of my family members name, my brother and their wife, mother and one girl of my college classmate.
5. She said that I have got married her already and have kid, that is 100% false.
6. She also sateted am a alcholic that is false
7. I have a bad character and don't have a good image in society.
Whereas she has taken entire of the gold ornaments we produced at the time of marriage, she stole my passport, and few of other things she has taken away.
She complain against me many times to her mother and her mother always interfered and always I was the culprit in their eyes...
When I was aware about all these my mother due to this she did bedakhal from the property and advertise that in the newspaper. And I also have the rent agreement where I used to live.
So above all the main culprit is her mother, who is helping her, as she tried and forcibly asked me to leave my family members what I refused and she threatened me for severe conseuences...
Now finally when they put the case I came to dubai, without knowing that she has filed a case 498A against me.
I don't have knowledge and you guys are my mentor, please advise me the best.
I will be very grateful to everyone for my lifetime.
Thanks a Lot...
M V Gupta
(Expert) 24 February 2017
You state that ur wife has filed a case against u and other members of ur family under Sec. 498A. I think she must have filed FIR with the Police. Pl check up correct position. As the complaint is a cognizable offence, the Police may arrest the people against whom the complaint is filed. Hence the first step all of u have to take is to move the court and obtain anticipatory bail. This protects u all from peremptory arrest pending investigation. Further steps should be taken to contest the complaint in consultation with ur Advocate.
Adv. Yogen Kakade
(Expert) 24 February 2017
The allegations mentioned by you are very common for a woman to get the complaint submitted and to attract the sec. 498 of IPC. The Offence under this section is cognizable and your family members shall get arrested. Even a warrant shall be issued against you. It is advisable for you to take immediate step and file an application for anticipatory bail. It is not necessary that she shall have filed FIR at the police station, it is also possible for her to file directly at the court u.s. 156(3) of crpc.
Engage a good lawyer to get the bail and to defend on your behalf.
Do not worry if you are not wrong.. think positive and defend yourself smartly.
Adv. Yogen Kakade
Jurycon Incorporation
Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Call: +9120-65248888 / +919225510883
Mahi
(Querist) 24 February 2017
Fisrt of all...thanks for the reply...
As Anticipatory bail is concerned, if we get then what's the next process I mean whether we have to get the dates and appear in the court time to time, is it so.
Well one thing I have asked that if she has done bedakhal me from the every possible relation and I was living separately with my wife , so what's the role of that in my situation. The main aspect is to ask whether the family members are safe or not.
My motive is not to save myself but my family, because she has intentionally drag them by putting unfair charges or allegations over them, they are innocent like me, but I only care for them not for me.
And if we seek for anticipatory bail, what's the next process, or phase.
Request you to please read and reply acccodrdingly.
Thanks!
M V Gupta
(Expert) 25 February 2017
after Anticipatory bail is obtained you may have to attend the investigation proceedings by the police , if FIR is filed; or attend the court on every date of hearing without fail, if the case is filed directly in the court. Engage a senior lawyer to defend al of yoou. He will do the needful to protect u. In the circumstances stated by you the case against all of you appears to be false ex facie.
Adv. Yogen Kakade
(Expert) 27 February 2017
Whatever you have mentioned is quite unfortunate, but you have to face it.
As far as the attendance before the court on regular dates is concern, as you are working elsewhere, you can apply to the court with the help of a good lawyer to permit you to remain absent and you shall remain present as and when it is required to appear. Even you can file quashing petition at the high court later on.
Mahi
(Querist) 02 March 2017
Repected Advisors,
After this all I stated above, there was a anticipatory bail being granted by the session court, it's a huge relief and furthermore what happened that my wife has tried to fame the incident in front of the judge my wife said that my husband cheated me with several ways. Then judge asked why have you filed a care of dowry and women beating harrasemwnt and so, you should have filed a case of fraud.
And she tried to overexegerat the events, and said that she was living separately having daily evening meals there, on this judge asked that why didn't you ate you daily evening meals out of somewhere or cooked your own.
So, this all happened, and what it seems...can anybody answer please...humbly request you guys please reply back...thanks
