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

dwaipayan   28 December 2017

IPC 498a/307 on husband and 498a/406/506(II) on parents

I want to ask the expert about the remedies available for my severe case. Since inception of my marriage I had a troublesome matrimonial life with my wife as she wanted to snap all my relationship with my parents who live in a completely separate accommodation in my vicinity. In the month of October I had a rift with my wife over the same issue and she left for her parents house on her own volition. Later that day she instituted a case against me u/section 498a/307. Police visited my place with a copy of complaint and informed me that my wife wants to continue a peaceful conjugal life thus instructed police not to arrest me if I agree to do so. In the event of peaceful coexistence she will withdraw the case in future. I agreed and started living with her. But she continued mental torture on me and I finally filed for anticipatory bail u/section 438 in lower court. My wife who happened to be a lawyer influenced few member of the bar association of the lower court opposed my bail and the application got rejected. Immediately I filed another 438 in high court which was allowed. The whole incident took around 45 days. After the bail was allowed, I moved to my parents house to avoid any more trouble. After a week again my wife went to local police Station and this time she filed a complaint against me and my parents. And a separate case of 498a/406/506(II) has been registered against me a d my parents. Police has given a 41a notice to us. Kindly tell me what should be the next course of action from our side


Learning

 17 Replies

Vijay Raj Mahajan (Advocate)     28 December 2017

Reply the Police with your side of the case. The false criminal charges levied against you by your wife in order to defame you in the society. Give details of what all happened from the time of marriage till date, her being a lawyer influencing the bar as well other authorities, also give details of what all she got for her as istridhan at the time of marriage and what all gifts you got from her side and gifts given to her and her parents at the time of marriage by you. Mention that she has physical possession of all the Istridhan and nothing in your physical possession but the gifts give to you and your parents/relatives if any. Do mention her acts of mental harassment and demands which have broken down the matrimonial home inspite of your living with her second time on the proposal of police authorities.

The manner the things have taken turn, your living with her will not be possible and you are ready to pay reasonable amount of alimony according to your income/financial status and go for divorce by mutual consent.

You have to take Anticipatory bail for your parents too as you got for yourself and workout for divorce proceedings against her that can be filled if the agreement for divorce by mutual consent fails in the meantime while the investigation of criminal complaint against you is being in process by police authorities.

Service of lawyer will be required for court process and you should get service of senior, experienced and competent lawyer keeping in mind her being a lawyer in practice will be influencing other junior lawyers.

I’m available for service as senior lawyer for you and contact me directly:

Vijaymahajan5758@gmail.com

dwaipayan   28 December 2017

Thank u Mr Mahajan for your valued advise. I want to ask one more thing, as my wife filed first FIR which had nothing against my parents nor it had any indication of 406/506(II). Second FIR was filed after my 438 was allowed which included my parents on 498a/406/506(II) and same on me. Is filing 498a on the same person twice allowed as per law?

dwaipayan   28 December 2017

Or if I can put it in other words IS FILING 498a on the same person for the second time is allowed as per law when the first case of 498a/307 is yet to be chargesheeted by the police? Is it gonna help me prove to court that she has ulterior motives to defame me?

Vijay Raj Mahajan (Advocate)     28 December 2017

Look lodging second complaint on same provisions S 498A IPC not bared by law, however if the matter was resolved by the court after complete prosecution, the same facts could not be used to lodge fresh criminal complaint u/s 498A IPC. In your case first complaint u/s 498A IPC was not prosecuted rather the FIR was not registered as you both compromised and the second criminal complaint is airtight complaint where section 406, 506(2) IPC were added with S 498A IPC.

"Arye bhai vakil hai hai wo",she is applying her mind for troubling you all as she must be advising other clients.

dwaipayan   28 December 2017

Sir the FIR was registered in the first case as well for the complaint which she said she would withdraw if the matrimonial life goes well but she didn't. The compromise was made unofficially in front of police but not in the court room. Now the police is on the verge of filing chargesheeted for the first case and in between she filed her second complaint of 498a/406/506.

dwaipayan   28 December 2017

According to police the second FIR has different date of occurrence thus it cannot be tagged with the previous case. Police is runing 2 separate 498a cases on the same person simultaneously.

Vijay Raj Mahajan (Advocate)     28 December 2017

Well in that case the subsequent events/facts are mentioned in the second complaint/FIR that will be taken in account, events/facts mentioned in first FIR u/s 498A IPC will not be considered while deciding the second FIR.

The Chargesheet in both FIRs have to mention clearly different events/facts for court to decide prosecution under section 498A IPC. Court will decide in totality if you are guilty under both FIRs for section 498A IPC based on events/facts of each.

As far other sections mentioned in both FIRs the court will check/decide those individually based on the prosecution evidence as it will for section 498A IPC which is common in both FIRs..

dwaipayan   28 December 2017

Ok Sir. Thank u very much for your help.

R Trivedi (advocate.dma@gmail.com)     29 December 2017

Pl meet the in-charge of police station where she filed the second FIR, and tell him that investigation under first FIR on the same matter is already on and you are on bail. Actually "compromise" is not implemented properly, on compromise police should have taken both sides written consent and should have submitted closure report.

Sudhir Kumar, Advocate (Advocate)     29 December 2017

Originally posted by : dwaipayan
Thank u Mr Mahajan for your valued advise. I want to ask one more thing, as my wife filed first FIR which had nothing against my parents nor it had any indication of 406/506(II). Second FIR was filed after my 438 was allowed which included my parents on 498a/406/506(II) and same on me. Is filing 498a on the same person twice allowed as per law?

Earlier there was appication only and no FIR/Trial took place so concept of double jeoparady may not operate in this case.

Sudhir Kumar, Advocate (Advocate)     29 December 2017

Originally posted by : dwaipayan
Or if I can put it in other words IS FILING 498a on the same person for the second time is allowed as per law when the first case of 498a/307 is yet to be chargesheeted by the police? Is it gonna help me prove to court that she has ulterior motives to defame me?

 

It the time you are honorably acquitted the words like "defame" should not be part of your dictionary. 

dwaipayan   29 December 2017

Mr Trivedi I spoke to the investigating officer about this. I explained that there was no allegation on my parents in the first FIR nor there was any material attracting 406/506(II), but the moment I was allowed 438 from high Court my wife subsequently filed another FIR. The investigating officer said that in the second FIR she has mentioned different date and place of occurrence.

dwaipayan   29 December 2017

Mr Kumar, earlier also there was FIR for which the police is on their way to submit chargesheet.

R Trivedi (advocate.dma@gmail.com)     30 December 2017

You will see lot more foolishness, incompetence and corruption as you proceed further in the case.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register