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False allegation,sec 498a

(Querist) 17 April 2014 This query is : Resolved 
Dear Sir,

One of my relative has the problem as demonstrated below:-

The boy is recently married (almost 2 years ago) and has got diagnosed, 6 months back, as chronic kidney disease. The girl side is alleging that the boy has disease before the marriage and threatening to file a case by changing the matter to torture or dowry matter, but there is no such case. In such worst scenario the girl is also demanding for huge compensation which is not possible as per present monitory condition of boy. Also, there is a baby which the boy wants to take the custody of baby. Somebody also informed that in case of lawsuit filed, the 50% girls demand has to be fulfilled to get the bail,that also not feasible by groom party

Please advice what steps to take to avoid such situation and to take the custody of child. The disease was first diagnosed by premier institutions doctor 6 month back, even the local nephrologist was not able to diagnose this.

Please advise what ample evidence is needed to counter the allegation of torture or dowry case. Also, please give some light on the 50% demand money deposition for bail is true or false? Is there any provision of anticipatory bail.
M.Sheik Mohammed Ali (Expert) 17 April 2014
if you know confirmed filed 498a case against you, you should take AB, and you could not get baby upto major, and in your wife desert from you, you immediately file RCR case. the above said disease is curable or incurable pls verify.
M.Sheik Mohammed Ali (Expert) 17 April 2014
where are you from ? if you are in chennai call me.
avinash (Querist) 17 April 2014
dear sir,
thanks for reply, the disease is incurable
Sudhir Kumar, Advocate (Expert) 18 April 2014
well advised by Mr Ali
T. Kalaiselvan, Advocate (Expert) 18 April 2014
If she has lodged a complaint, definitely the police would have summoned your friend, but it is just a threat (?), however to be on the safer side, you may apply for AB, and in case the court is dismissing the AB application, stating that there is no FIR pending, it will order 'Not to arrest' in the event of any FIR in the future. About 50% of dowry amount and all the crap is a sheer misguidance, do not be misled by such rumours. Custody of child and other cases can be taken care at a later stage when there arises a necessary.
Dr J C Vashista (Expert) 18 April 2014
When you are sure that "....the matter to torture or dowry matter, but there is no such case.." why you are scratching your head in air. How your AB petition shall be maintainable?
You are mis-informed about, "...the 50% girls demand has to be fulfilled to get the bail.."
Custody of child is a separate issue, where you cannot be denied visitation right, if you file custody petition.
Devajyoti Barman (Expert) 18 April 2014
Take bail first. once you get that the case even if false looses all its sheen.
malipeddi jaggarao (Expert) 18 April 2014
I agree with expert Shri Barman.
Biswanath Roy (Expert) 18 April 2014
My advise is before proceeding to AB file a written complaint against your wife that she is posing threat for filing false cases against you to extort money. Keep the duplicate receipted copy with you for future reference if needed.
ajay sethi (Expert) 18 April 2014
it is a fact that in most kidney problems doctors are unable to diganose the problem until it is too late . it appears you are suffering from kidney failure . you can go in for kidney trnasplant and lead near normal life .

you should not bow down to threats . contest case on merits .

apply for AB . you will easily get it rely upon your medical reports
Nadeem Qureshi (Expert) 18 April 2014
Dear Querist
if there is only threat to file false cases then file a criminal complaint against her and her family for extortion.
if she file case against your friend then AB is avaliable (but if you are from UP/UK) then AB is not available.
deposition of 50% of demanding at the time of bail is not true.
Feel Free to call
ajay sethi (Expert) 18 April 2014
in majority of cases local medical practitioners are not able to diagnose kidney problems . it is only when it becomes cronic and kidney has failed are doctors able to diagnose it .even if your kidney has failed you can go in for kidney transplant and lead near normal life .

as far as wife threats are concerned dont bow down to pressure . you have been misinformed that you have to pay 50%of amount demanded by wife to get bail .

you will easily get AB . rely upon your medical reports that you are suffering from kidney failure and need constant dialysis .
Rajendra K Goyal (Expert) 18 April 2014
Well and appropriately advised by the experts, agree to it.
avinash (Querist) 25 April 2014
Dear Sir,

The boy is directed to file case u/s-9 of HMA.

498a case is still not filed by the bride party.
Is it wiseful to file this case for defense as the girl is not willing to continue & also not has filed any case still. We are in the position of wait & watch.

Does filing case u/s-9 will defend the boy against 498a case or it will draw immediate action by the bride to retaliate.

I need your guidance to avoid the filing of 498a by bride against all the family.

It might happen that filing any case from our side will change the scenario to worse condition & if bride is not in mood, then it might change her mood to file criminal cases. Also the groom has not any concrete evidence against the false allegation of mental torture.
Dr J C Vashista (Expert) 26 April 2014
Filing a case u/s 9 HMA is a waste of time and money, a useless weapon in the hands of groom, even then the husband is helpless in Indian legal system, which is gender baised.
avinash (Querist) 26 April 2014
Dear Sir,

Thanks for your reply, please explain my query in detail. Its pros and Cons.
avinash (Querist) 26 April 2014
Can groom get bail immediately if I file case u/s -9 before filling of 498a by bride?
Devajyoti Barman (Expert) 26 April 2014
Section 9 case has no direct relation with 498A case. However it has some benefit if filed prior to filing of 498A case but after this it is a futile exercise.
Sudhir Kumar, Advocate (Expert) 31 May 2014
you say there is no dowry issue. why at all a chronic kidney patient was to be married?

only to harvest dowry before he dies?
Sudhir Kumar, Advocate (Expert) 01 June 2014
repeated

http://www.lawyersclubindia.com/experts/498a-307-false-allegation-475241.asp#.U4skWHZvdG3


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