Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

suvam   02 September 2017

Fake 498a :How to defend online transaction of FIL made 2 husband

Its a case of false #498a case. The marriage happend in JUNE 2011 . FIL transfered 1 Lac in the end of same month but I never asked for it . My wife was having my account details. He gave it knowingly and in his own will . There is NO communication of asking for the same . Wife was staying with FIL in that time and she moved with me in JULY 2011 end. Arguments between me and my wife started in NOV 2015 and in dec she left to her home .Filed false #498a case on JUNE 2016 the day after I went to her place to bring her . She is enjoying the fun by filing the false case.My family is devasted as all the names are there .I am preparing for the case .In CS this is only the strong point .How to defend this transaction. Please help.



Learning

 8 Replies

Siddharth Srivastava (Advocate)     03 September 2017

Every case is required to be countered strategically and as such there is no universal defence which can be applicable in every case. Defence vary from case to case. You must have to counter the allegations as levelled by your wife and also to safe guard you and your family members. There are ways. Consult a good lawyer with all details. Sidharth 9811776422

Sudhir Kumar, Advocate (Advocate)     03 September 2017

gto for amicable options.             

R Trivedi (advocate.dma@gmail.com)     03 September 2017

2011 transfer of money will not haunt you so much, any children? Why do you think wife is doing this? What's the problem and what's your share in the problem? Is there any current allegation of dowry demand or dowry transaction or violence?

R_prasad@law (advocate)     03 September 2017

so your father in law is a philanthropist who keeps distributing money without being asked to do so. And it was done in 2011 so that a false case be filed in 2015. Hard to believe your part but anyways this transaction won't hold much importance rest you'll have to provide explanations as per the charges levelled against you. 

P. Venu (Advocate)     03 September 2017

What is the present stage of the case? Is it that only the FIR has been loged? There nothing to worry or to be bothered unless you receive the summons from the court.

suvam   03 September 2017

Thanks to all the esteemed members here who were replied . My first date of apperance in on feb 2018 . I have 4 year kid. I had really bad argument with my wife on nov 2015 where both abuse verbally very badly and she left her own home town on dec 2015. The situation started going in wrong way my wife made it worse for me . I did go to her to bring back on june2015 but she put #498a on the next day. The transaction which FIL did after marrigae was on his own will .I did not ask anything . Bcz my wife does not want to continue this relationship its convinient for her to misuse the law which favours her . I dont have control on her actions n emotions. My kid is suffering due to this fake case. I know it will take 5-6 years to come to any conclusion . I request you to guide me how to put my opinion in this tranasaction which FIL made on his own will and how should I proceed for kid. Both of us are living in 2 diffrent states making it more diffcult to communicate in physcially. Plz advice.

P. Venu (Advocate)     04 September 2017

"My first date of apperance in on feb 2018". Have you received summons to appear in the Court on that day. If so, it is time that you move beyond the speculations and deal with the matter as per the procedure.

First task is to engage an advocate and appear in the Court on that day. An application for bail ned to be moved and the bail will be allowed as a matter of routine. Please note that applying this bail is different from obtaining a bail while in custody; this bail is only a means to ensure that the accused appear on the court regularly.

On the same day itself you can obtain a copy of the charge filed by the Police. First priority is to see whether, in terms of the contents therein, there is a chance to get a discharge. If not the only option is to face the trial.

In a criminal trial, it is for the prosecution to prove charges beyond reasonable doubt. And you are entitled to cross examine the witnesses. And that is your best defence.

suvam   10 September 2017

She started working on her hometown .I suspect there is affair going on but i dont have any material evidence. That is the reason she put fake 498a. Whem she abused me before she left I also gave her back . According to her she has all the proofs to prove me cruel. I am in pain thinking that she does not understand my love for her .Anyway l want to know how to fight back for those transaction and for any recording she has if its true.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register