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suresh (finops analyst)     18 March 2015

498a - dp act & 306 ipc

Hello Experts,

Please help me in this situation, I have some doubts regarding 498a & 306.

1) my wife filed a complient on me for im the reason for her father suicide& death which is 306 case on 11th dec2015.

2) on 13th dec 2015 filied 498a -dp act on me- which she include my fathe and brother as well- as my mother passed away before my marriage.

i went to jail for 23days and got conditional bail.my father and brother not yet arrested,chargesheet is still pending.

we tried for compromise but they are asking huge amount of money which is not justifies.

i got marrige on may26th of 2013.no children- she left the house on oct 8th 2014, her father died on 13th dec2014

now she is threatening me with other persons over phone calls that she has a right on my family property, maintaince,420 case and threatening me that she and her mother will commit suicide infornt of my house if we dont give the money.

my laywer nowhere interested to explain me the sitaution and solution.

please help me with ur suggestion. MY DOUBTS

1) what are the rights that 498a wife has on my property.

2) how to apply for quash- is quash for chargesheet or for FIR.

3) what is RCR.

I am very thankfull for my whole life for your help.



Learning

 10 Replies

suresh (finops analyst)     18 March 2015

additional info:

as 306 filed on me& my family too.

my father in law has no contact personally or over phone with me from past 6 months of his death.

Im working as a private employee, my brother is also a private employee. our salaries will 16000& 18000.

my father is a farmer and a cardatic patient. farming is the only source of money for my father.

Which way court will calculate maintainance, She is educated but not working.

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     18 March 2015

Sir, She has no right over you property, Quashing can be filed but strings grounds are required for quashing.. RCR is asking her come and join your company through court of law. 306 what are the contents of the FIR ? Regards Kapil Chandna Adv 9899011450

saravanan s (legal advisor)     18 March 2015

she doesnt have any rights over your property.regarding maintenance she can file u/s 125 crpc or under sec 24 hma interim maintenance.if she had filed any one of this your salary,assets on your name etc etc will be considered.

if you want your wife to join matrimonial home you can file rcr against her.but before filing rcr research about it whether you need to do it or not in the current circumstance

suresh (finops analyst)     18 March 2015

Thank you sir for your reply,

306 they put alligation that because of my harresement and mentality, he suffered and by looking his daughters life he committed suicide, no suicide note was found.

If i am not interested to take her back what is procedure, Because they filled a case and they made program on TV( new channel ) for 4mins. Paper clippings everything they did to fool us.

saravanan s (legal advisor)     18 March 2015

if you want to tackle her 498a and other cases record her threats and keep it as a proof.
suicide threats is a cruel act towards you and in future you can use it as a ground for divorce if need arises

suresh (finops analyst)     18 March 2015

thank you sir 

what about 306 sir, How can i proceed with this case,

Anand Bali Adv. (Advocate Solicitor & Consultant)     19 March 2015

Dear Client,

She is not having any right over your property neither by 498a nor under any section of any Act. So just leave it apart. Only she can claim a shelter in your house for her living and maintenance for her livieyhood. 

In sec 306 you can not be held responsible by any means as you wan never in direct contact with her father.

Quashing of FIR can be done by filing a quash petition in the high court where only three grounds will be considered to quash the FIR When the complaint did not disclose any offence, or is frivolous vexatious or oppressive.

On the other hand you also can apply for the discharge by the magistrate under Sec 245,Cr P C. It can be moved in the trial court after the evidences of the prosecution are produced.

RCR is an petition in the court for restoration of your conjugal rights where wife or husband is called to live with the petitioner to perform the conjugal duties after the marriage.By this way husband calls his wife to live with him or vis versa.

For further legal assistance on nominal charges, you can contact me on below mentioned address and Phone number, Please call after Court hrs to get a suitable appointment date and timing.


Advise, always take assistance from an experienced and well educated Advocate of the field. You can see my credentials on this very site for my appraisal.

for Anand Bali & Associates

Anand Bali, Adv.
(B.Com., M.A., LL.B., M.B.A.)
Supreme Court Of India,
High Courts of Delhi, Chandigarh, UP & UK.
For Civil, Criminal, Property, Recovery, Consumer,
Service, Divorce & Family Dispute Matters

suresh (finops analyst)     19 March 2015

to add whole conversation is in telugu my native language so im not adding it if u need to do so i will add a video and paper clipwhich they made on repuated news channel in andharapradesh, they made a rastharoko infornt of my house with her fathers deadbody & in the video they mentioned 18lacks cash, 6 lacks worth of gold and 4 acres of land total 25 lakhs and now they demanding 50 lakhs for compromise., and they alligated that i burnt with iron rods and locked her in a room without food.

they alligated that i am a software proffesional , But after six months of marriage i got job.

and i am having a affair with my 8 years old friend she is also working in MNC in hyderabad( not in my company)

adding now plz find and advice me.


Attached File : 305028347 20141213b 007129005.pdf downloaded: 99 times

suresh (finops analyst)     19 March 2015

video i am unable to attach, im sending a youtube channel link where the video is still present https://www.youtube.com/watch?v=gNvNT5ezgD0

T. Kalaiselvan, Advocate (Advocate)     20 March 2015

You are more worried abut safeguarding your property,  how to avoid paying her maintenance, but not interested in challenging her false case.  Let she play any gimmick or havoc on you, the case has to come to court where you can vent out your genuineness and put up a strong defence for 498a as well as 306 IPC too. Be in touch with your lawyer so that you do not miss any event or going unnoticed which may affect your case.Dont keep discussing such incidences in public sites like this to avoid unpleasant circumstances as well as leaking out your plans of defence and he strategies your lawyer may be having in his mind.


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