false 498a
Querist :
Anonymous
(Querist) 15 October 2017
This query is : Resolved
At the time of marriage I was in Africa.after marriage she came with me in Africa.it is almost 6 years of marriage she filed false 498a,actually truth is this that since very second month of my marriage my in-laws started owe money from me.I gave them through cheque.I have all the proof regarding that.I have filed 138 and recovery suit against one of her close relative.she wanted that I should withdraw the case from her.I opposed and she filed case of this.
An honest lawyer is required
9971202904
Sudhir Kumar, Advocate
(Expert) 16 October 2017
Money given to friends and relatives is always a charity in the garb of loan which is given in expectation of refund but always taken with intention of non-refund.
Such loan is taken by a person:-
(i) Who lacks business sense and cannot raise funds out of his own business and suddenly wants to be rich.
(ii) who cannot raise bank loan because :-
Either
he himself is not creditworthy
Or
the purpose for which he seeks loan is illegal
or
the purpose for which he seeks loan is not at all commercially viable.
(iii) Who knows he can afford not to refund.
(iv) Who trusts his thick skin
(v) Who intends not to refund
(vi) Who has made fortification against action of refund.
So he has to find someone who can part with his money. SO he finds a lender near him (friend or relative)
Such loans are given by the persons :-
(i) Who has surplus money.
(ii) Who displays and boasts of such surplus money.
(iii) Who stupidly believe that there will be a refund.
(iv) Fails to realise as to why he alone (not bank) is being contacted for loan.
(v) Who has extreme trust on the debtor
(vi) who are either stupid or extremely greedy of the unusual (or illegal) rate of interest.
Such loans are always given
(i) Without documentation.
(ii) Without witness
(iii) Without guarantor.
(iv) During cordial relations
Soon after giving such loan :-
(a) Relations are no more remain cordial
(b) Business started by such money (easy money belonging to other) invariably fails.
(c) Such loans always sink and not refunded.
(d) Person seeking such refund suffers at legal process.
(e) Person seeking such refund legally or by persualtion is socially criticised.
Sudhir Kumar, Advocate
(Expert) 16 October 2017
Anyway this 138 suit may give you some protection. It appears that road of amicable solution (which I generally advised) seems to be closed.
Vijay Raj Mahajan
(Expert) 16 October 2017
She has filled complaint against you u/s 498A etc. IPC after 6 years of marriage. What is the stage of the complaint, whether any FIR registered by the Police or it has been referred to the Crime Against Woman Cell of the Police by the local police where the complaint was lodged by your wife. These are the questions which need to be answered first.
There is a stage of mediation assigned to both parties to workout and resolve their disputes so that the amicable settlement can be done, this is a set process followed both by the police as the courts in India. Best resolution in such cases is full and final payment of the permanent alimony and maintenance for the wife after settling all financial disputes between both sides as these seems to be in your case, and dissolving the marriage by mutual consent.
All the criminal complaints/FIR, cases are withdrawn/quashed by the courts as the case may be, both parties move for dissolution of their broken marriage.
Nothing better than this solution in such cases.
vijaymahajan5758@gmail.com
P. Venu
(Expert) 16 October 2017
Legally there is no nexus between the allegation of 498A offence and the money that your father-in-law had borrowed, but did not care to return. However, if the allegation of 498A are really false, the motive could be established to be the debt that he owes to you.
Onus rests with you seeking a compromise or meeting the issue on merits.
Rajendra K Goyal
(Expert) 16 October 2017
No advice from me to an author who is anonymous.
You can post the query in fresh thread with your identity and material facts.
Querist :
Anonymous
(Querist) 17 March 2018
Thanks for your valuable suggestion.
