498a
Swastik
(Querist) 02 August 2015
This query is : Resolved
Dear sir , request you to suggest me a good lawyer in Pune. My wife is not staying with me for last two years. I waited a lot and approached her and her family countless time. Mails, call ,msg all are their. Finally I send a notice to her to come back. On that her family has bitten me and broke my hand at their house. Then filed a divorce case against me on ground of cruality followed by 498a and 503 etc ... Now half of the lawyer I met, don't know what to do other then asking me to take anticipatory bail and drag the case... Rest are asking me to compromise and file MCD cost of which I will have to pay by loosing my flat and 3 yr daughter's custody to her. Is our law systems so poorly disbalanced towards one gender ! Its a shame. Even police has not taken any cognigence of my fir on her father, brother for breaking my hand and fighting with me. Please help.
Sudhir Kumar, Advocate
(Expert) 03 August 2015
a repeated sterotype case
wiofe left-----not coming back ----- send legal notice of RCR ----- wife has to prove justification for not coming back -----wife file (true/false) case of 498a.
your lawyers are advising you correctly you have been advised
either
take AB and fight case
or
settle for amicable divorce
both advise seems to be non-appealing to you.
there is third option
neither take bail nor go for amicable settlement nor drag the case. admit in court whatever is said by her. Bear sentence in Jail, come out and see that marriage is still subsisting and she still having right to reside with you or divorce matter decided heavily against you.
there is yet another forth option
beg for her mercy. Promise not to annoy her. Live happily.
if third or forth option does not suit then consider the other two given by your lawyer.
Swastik
(Querist) 03 August 2015
Thanks Sudhir,
any other meaningful suggestion ... Like quashing of 498a or how to request police to act on my FIR
Rajendra K Goyal
(Expert) 03 August 2015
Expert Sudhir Kumar has clarified the situation in plain language.
If you do not want to go for long dragged case, accept the divorce through Mutual consent and buy peace by paying cost for it as mentioned by you.
Nadeem Qureshi
(Expert) 03 August 2015
Dear Querist
file an application for status report before the court in whose jurisdiction the matter is pending in your FIR against her father and brother and police is duty bound to informed you regarding the status of the case and reason for non-arresting of the accused person.
if there is any strong proof regarding falseness of the 498A case then file a quashing petition before High Court.
Feel Free to Call
Swastik
(Querist) 04 August 2015
Dear nadeem, thanks a lot. kindly share your number. I would like to discuss and seek your help.
Swastik
(Querist) 04 August 2015
Dear nadeem, thanks a lot. kindly share your number. I would like to discuss and seek your help.
Biswanath Roy
(Expert) 05 August 2015
First of all you try to find out who filed the F.I.R AGAINST YOU U/S. 498-A IPC is it signed by your father-in-law or your wife or any other person on behalf of your wife? If F.I.R. was filed by any other person on behalf of your wife allegation u/s.498-A will be a nullity and liable to be quashed. There are other ingredients also to be examined on the question of maintainability of the alleged commission of offences u/s.498-A, IPC Without going through the F.I.R. , investigation report made by police, and other court papers if any appropriate opinion cannot be given.
Sudhir Kumar, Advocate
(Expert) 09 August 2015
thanks for you circasting views against freee advise.
"any other meaningful suggestion"
Sudhir Kumar, Advocate
(Expert) 09 August 2015
you are asking
"Like quashing of 498a or how to request police to act on my FIR"
no meaningful advise can be given by anyone who has not seen the FIR or heard the entire story leading to the same. Meet your paid lawyer.
T. Kalaiselvan, Advocate 
(Expert) 12 August 2015
Expert Mr. Sudhir kumar has given a valuable piece of advise which if ot suiting you, you could have awaited for other experts' opinions instead of passing sarcastic comments on his opinion, this is not good on your part especially when you seek advise at free of cost but the experts put their best efforts to give you proper advise as per your circumstances.
Guest
(Expert) 12 August 2015
Well Advised and Pointed Out by Expert Mr.Sudhir Kumar Already.Nothing to Add More.
