Regarding 498a- need preventive advice
Singh_1984
(Querist) 01 September 2014
This query is : Resolved
Under 498A when my wife was asked to give all the evidences with respect to latest SC judgement of automatic arrest , my wife did not turn to police for about 1.5 month. Now the DSP has handed over the case to her junior . i.e SHO. SHO now is not listening to DSP and is not ready to see our evidences and proofs, instead even after reading the SC judgment he says I can still arrest. Instead of Asking for proofs and evidences from MY WIFE , he forced us to keep the girl. My wife now is ready to come to home without giving anything in writing. Her father will come and will leave her 2morrow at our house. SHO said girl will not give anything in writing and u have to keep her.
Please advice what all preventive steps shall I take now so that even if she does something wrong in my house I can save myself?
Thanking u all in Anticipation
ROHIT SHARMA
(Expert) 01 September 2014
1. The SHO has mediated and if you accpet her back and she is willing to return and withdraw the complaint then this is the most ideal way to close the chapter.
2. Let her join you, forget the past, try and be tactful, instead of facing criminal action it is wise that you change your attitude towards her for good.
3. Everything will be alright if you receive her with kindness and love. Your marriage will not breakdown.
ajay sethi
(Expert) 01 September 2014
if SHO wants to arrest you apply and obtain AB . you cant be forced to keep your wife . once she has levied false allegations against you and filed 498A case no guarantee that she wont do it again
Sudhir Kumar, Advocate
(Expert) 04 May 2015
YOU ARE LUCKY MAN WHO GOT SHO WHO IS WILLING TO MEDIATE.
He would have been comfortable to provoke her to continue complaint and extract money from you and her.
You are just aggrieved that she is not giving in writing. Never utter such word unless you volunteer to revive the humiliation already on scales for you.
Sudhir Kumar, Advocate
(Expert) 04 May 2015
Further even if she has filed the complaint and even if she is willing to proceed with the complaint, she still does not lose right to remain in the house even if she is able to secure conviction of entire family and even if you secure acquittal of entire family.
Your refussal to allow her entry will be a provocation as well as evidence.
