Filing counter case in 498a
498A-filed
(Querist) 21 April 2014
This query is : Resolved
My wife filed 498A and many other criminal cases against me and my family members after 9 years of peaceful marriage. We were a nuclear family & never stayed with our parents. We never had any issue which warranted any family intervention. The sequence of events was as follows
1.In may 2012 i found her talking to some office collegue at 8 am before she left for office. The next day again the same guy called at the same time. On asking she replied that he wanted her to go to office on his bike. I called him and asked him not to disturb her. One week later i saw an incoming call on her mobile from the same person. No other activity regarding this person came to my knowledge later.
2. In june 2012 she closed the bank locker & kept all jewelry with her.
3. In july 2012 she convinced my to give her money to put in fd's since her bank was offering better interest rates.
4. In april 2013 more money moves from my account to her account & again get converted into fd's. Total amount reached 15 lakhs.
5. In may 2013 she wanted to get through a cosmetic operation because she had a lipoma on her right neck. she said after the operation her neck will look beautiful.
6. left me in aug 2013 when she recovered & left me with all jewlry & money. spent 1 hr on phone and called her bank 8 times to change her address & other details and took complete control of her account on the day she left. This account had all my money.
7. filed dowry case in sep 2013 and other cases of threatening, wrongful confinement and what not. A seperate case for 406.
8. i filed sec 9 but she refused court summon.
My in laws did not take any call from me. my wife has changed her no. and have never spoken to me since she left. needless to say that i have not spoken to my child.
They are not revealing anything but through common friends i came to know that FIL only talk about maar peet and sending me to jail. They put different false allegations in front of different people. No consistency in their allegations.
I met her cousin brother in Kolkata who is a CA. I asked him about the true problem and he replied - ego problem. Later he said 'she hates you.Why don't you give her divorce'. They filed criminal cases of such magnitude for such reasons. One of my relative who is falsely implicated hardly met us in last several years.
I am deeply concerned and sad about their attitude and lack of communication for last 9 months.
She gave us cheques against her dues which is kept with me.
I want the experts to guide me whether i should file cheque bounce cases on my wife & include her family in order to bring her on talking table. I just wanted to defend myself but they are going too far and filing baseless cases and are defaming me by spreading lies about me. She has taken loan from me in her account(15 lakhs) and I have cheque from her. Please guide me whether this case can bring them to the talking table at least. I know it is better to defend but they are being misguided into filing multiple cases and I had strong suicidal tendencies because of the trauma of losing my wife & daughter and seeing my old parents suffer. It is very difficult to resist filing counter cases & try to solve the matter.
Kindly give your valuable inputs.
ajay sethi
(Expert) 21 April 2014
I would nt advise you to filing counter case . fight existing 498A case on merits .
if your wife has closed her bank locker and kept all jewellery with her it would be difficult for her to take stand that all jewellery is in your possession .
contact a detective agency and gather all evidences to prove your innocence
for your information 98%of 498a cases are false
ajay sethi
(Expert) 21 April 2014
in any case cheques have validity period of only 3 months . the cheques issued by her must be prior to when she left you . no cheque bouncing case can be filed now
Devajyoti Barman
(Expert) 21 April 2014
Yes, you should paid her in her own coin.
Since she has cheated you with all your money, you should not spare her.
Do present the cheques in your Bank and after dishonour file case u/s 138 NI Act.
For your child, you can file custody case.
498A-filed
(Querist) 22 April 2014
The cheques are post dated. Girl child is only 4 years old so only visitation rights can be achieved. I want to file the case to get her on talking table. By their attitude the cases will go on forever and destroy the childhood of our child. They run an illegal brick kiln and are acting like local goons. They want to file cases but does not want to fight them. As per my reading(I may be wrong), they want to settle only in police station when i am in custody.
498A-filed
(Querist) 22 April 2014
I have taken a xerox copy of the locker register from the bank. The locker was operated jointly or singly by any of us. She last operated the locker by herself in May12. But after that I never saw the jewelry items. The total value is quite substantive. In our tradition only 20% of jewelry is gifted by girls side and 80% by groom side. I am not at all interested in getting back any money. I just want to solve this so called ego problem and move on with life. I am willing to accept her. Fighting false cases for years only to satisfy ego does not make any sense to me.
V R SHROFF
(Expert) 22 April 2014
I agree "Do present the cheques in your Bank and after dishonour file case u/s 138 NI Act.
For your child, you can file custody case."
coincide amount with your payment & file 138 n. i.
It will support you in case of false charges against you.
ALL HUSBAND: NEVER PART WITH YOUR MONEY/ PROPERTY TO WIFE, OR BE PREPARED WITH SIMILAR CASE..it only harm both.. and pain husband..
NEVER THINK TO SUICIDE..
V R SHROFF
(Expert) 22 April 2014
I agree "Do present the cheques in your Bank and after dishonour file case u/s 138 NI Act.
For your child, you can file custody case."
coincide amount with your payment & file 138 n. i.
It will support you in case of false charges against you.
ALL HUSBAND: NEVER PART WITH YOUR MONEY/ PROPERTY TO WIFE, OR BE PREPARED WITH SIMILAR CASE..it only harm both.. and pain husband..
NEVER THINK TO SUICIDE..
498A-filed
(Querist) 22 April 2014
Should i file a separate case for child custody or add application in sec 9 for child custody? will i get some protection if i visit my child. i have taken bail in 498a case but not in another 406 case. what if i get arrested when i go to visit my child.
V R SHROFF
(Expert) 22 April 2014
APPLY FOR CHILD ACCESS & CUSTODY.
NO ONE WILL REFUSE YOUR visiting rights..,
Don't go w/o court Order.
Rajendra K Goyal
(Expert) 22 April 2014
Well advised by the expert VR SHROFF ji, agree to it. Child visitation should be filed along with cheque bounce case.
ajay sethi
(Expert) 22 April 2014
if cheques had no date then cheque bouncing case would be maintainable . it would bring her on the table for talks to resolve the issue
498A-filed
(Querist) 22 April 2014
thanks to experts for advice. i hope this case saves our marriage and our child.
ABDUL RAZIQUE
(Expert) 22 April 2014
God bless you, move forward with right spirit.
K.K.Ganguly
(Expert) 23 April 2014
1. Has she made the FDs in her name only or in joint name with you?
2. If those FDs are in her name only & if you can prove transfering your fund to her,then you should first write her a letter stating that you are depositing the cheques for rs.15 lakhs which she took loan from you, after 7 days for which she should arrange for the funds,
3. If the cheques bounce, you can file cases u/s138 of N.I. Act.
T. Kalaiselvan, Advocate
(Expert) 23 April 2014
If you feel that the false cheque bounce case will bring her to negotiating table, try that, but will you be able to face her challenge in the said case?, alternately, try some other means to bring a solution to the so called ego problem between you both.
498A-filed
(Querist) 24 April 2014
Sir the FD'S are linked to her salary account. It is not a joint account. I have tried all kind of reconciliation efforts from my side. But they are not willing to talk through any of our relatives or common friends. They only speak lies. This is not a false case but a true case. She took my money with a promise to return me back and the checks were signed for that purpose only. She filed false dowry case only to keep my money and demand more money. This is my only hope to bring them on table for talks.
498A-filed
(Querist) 24 April 2014
I have my as well as her bank statements reflecting the transactions. The FD'S receipts copy are also with me which was made on the same day of both the fund transfers.
T. Kalaiselvan, Advocate
(Expert) 24 April 2014
Under the circumstances explained by you, with the evidences of soured relationship and explaining the circumstances under which the cheque was issued, after bouncing the cheque you may issue a legal notice containing the said averments and then proceed with the cheque bounce case as envisaged.
K.K.Ganguly
(Expert) 24 April 2014
For filing case u/s138 of N.I. Act for dishonour of cheque, you shall have to establish that the drawer of the cheque has dischargeable liability on the drawee at least to the tune of the amount mentioned in the dishonoured cheque.
Otherwise the case will fall flat.
498A-filed
(Querist) 24 April 2014
I will submit my balance sheet duly attested by CA showing the outstanding amount and the transactions proof showing the fund transfer from my bank account to her bank account. 95%% of amount is paid through account transfer and only 5% by cash. I have proper proof for each and every statement that I make including two witnesses.
498A-filed
(Querist) 24 April 2014
Thanks to all the experts for their valuable suggestions and good wishes.
498A-filed
(Querist) 26 April 2014
My in laws have managed the post man. Despite writing the complete address with pin code, the speed post on tracking is saying
1st Delivery Attempted:insufficient address
2nd Delivery Attempted: others
and the letter is returning back.
In the light of above, what should I do? I have her email id which she has registered with her bank account. Should I send the demand notice on email? Can she escape claiming that notice was not served to her. Kindly suggest what should I do to make sure that she does not escape using technical loopholes.
ABDUL RAZIQUE
(Expert) 26 April 2014
Yes email is a valid system, You may use it.
Surrender K Singal
(Expert) 28 April 2014
You have to establish her liability to you for the cheque issued by her; Otherwise, she may claim that the cheque was taken in blank without any date or amount or liability, in good faith only. Do take care
498A-filed
(Querist) 28 April 2014
Sir as I have written above there is a clear transfer of funds from my bank account to her bank account. She converted the funds into fixed deposits on the same day only. Those FD'S are still intact in her account. My balance sheet also reflects the dues. Are these things not enough to establish her liability. Then I have cheque from her. If she claims that I transferred the funds in her account as a gift then my counter will be her dowry case. How can I ask dowry and also gift her such large sums of money. Can such an argument stand in the court.
Sudhir Kumar, Advocate
(Expert) 26 May 2014
connect
http://www.lawyersclubindia.com/experts/counter-case-after-498A-474191.asp#.U4KFWHb5ugA
