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Deven Sharma   08 February 2018

Ipc 498a, 323, 506, 504, 3/4 and 377/376

Hi....I got married in Nov 2016 and it was second marriage of me and my wife first few day after the marriage went well but thereafter my wife has started to show her true color. In second week of December 2016, my wife without any reason or rhymes has started quarreling with younger sister and used  foul and unparliamentarily language for the younger sister and other family members of mine. due to the above said incident the family members of mine got disturbed and to maintain peace at home they have separated me  and my wife from rest of the family and provided a separate accommodation at the second floor of the house.That after separation from the family of the mine my wife used to raise quarrel with the me without any valid reasons and even she did not used to cook food, house cleaning, washing of clothes and other household chores due to the either me has to cook food or brought from outside, washing clothes and other house hold chores by himself even the I used to wash clothes of the my wife as well just to avoid quarrel with my wife in a false hope that one day good will prevail in the heart of the my wife and one day the she would understand her responsibilities. in second week of February 2017, some girl has liked the photograph of the mine on social site Facebook, for this reason the my wife has started fighting with me and alone went to the Police Station and given a false and fabricated complaint against me and my family members despite that the We were residing separately from the family of the Mine. Somehow I Pacified her and with the intervention of the official of Police Station matter was compromised with her and me and then she returned to my home.despite all the efforts of mine,she was not ready to mend her ways and used to raise quarrel almost on each and every day just to force and to create undue pressure upon me to leave my parents permanently and even she does not like if the i even speaks with my  father mother and sister. Due to frequent quarrels the entire family of mine got disturbed therefore my father has disowned me (only son) from his family in a false hope that on separation from the family the she might reside happily with me and somehow the family of mine would settle as the I was already broken due to my divorce. In April 2017, I shifted at a flat situated at Devli Extension which is 7 Km away from my parental house , New Delhi. I had borrowed some money from my near and dear one and arranged all house hold articles and also purchased TV Fridge, AC, Music System R. O. Almirah Etc.on 22 May 2017 at about 12.00 pm, My wife without informing the me has left the home. In evening I returned home, I did not found the my wife at home and called my wife at her mobile but she did not pick or answered calls of mine therefore i called on the mobile of her father but did not found whereabouts of my wife. Therefore i Had given a missing complaint to the Police Station, I was worried about my wife on . 23.May .2017, the brother of my wife has informed me telephonically that my wife has reached Gwallior, Madhya Pradesh. On the day itself the brother of the my wife went to Gwallior, Madhya Pradesh, to bring her back. On 24.05.2017, my wife has returned to home along with her  elder brother.June 2017, I was very happy as the my wife was pregnant and I had taken My wife at HAH Centenary, Hospital, Hamdard Nagar, New Delhi for follow-up and further treatment on 31.07.2017, my wife has shown her desire to go at her parental home to meet her family members. on 01.08.2017 i had booked and taken a taxi for the trip and reached at parental home of my wife but in evening when i  asked her for returning at the matrimonial home she has bluntly denied to come along with me. in evening i returned at home without the my wife as the I have to go to his office. on 10.08.2017, my wife has returned at home along with her brother, I was very happy to see my wife but the happiness of the mine was vanish as she without informing and consent to me has aborted the child in the womb itself. I was depressed and completely broken due to abortion of the child and asked her that why she has aborted child she bluntly said that she don't want any child and she wants to make her career. On 21.08.2017, she has demanded money from me but i has shown his inability to give money to her as the month end was going on and I was repaying money to my near and dear one from whom I has borrowed money at the time of shifting house. Therefore I was in financial constraints. After hearing this she has starting abusing me which was recorded by me through my  phone and thereafter she has called PCR by dialing 100 and given a false and fabricated complaint against me around 12.00 am the PCR came at home and pacified her thereafter left at home.on 27.08.2017, she has joined School as a teacher in a monthly salary of Rs. 20,000/- even she did not bother to inform the me about joining in a school.I called at the number of the father of my wife and requested him to intervene but the her father has also abused me and stated that whatever her daughter was doing that was right. Thereafter I called the brother of my wife who have also abused me and further threatened me for dire consequences.On 17.09.2017, I have been compelled to remove the AC from the house as the electricity bill was increased and my wife was not ready to use AC efficiently on this issue she has called Police by dialing 100 No. PCR and given a false and fabricated complaint against me . Later on I was called by I.O. at Police Station, I has reached my home at about 8.00. pm and found that Police was already in the house and after some time the brother and father of my wife also reached at the house and after reaching at house the brother and father of my wife started abusing me and threatened me for dire consequences. But the Police officials has intervened and advised me to go outside the home, due to the same I was compelled to sleep at friend's home.on 18.09.2017, the I had given written complaint vide diary no.....to DCP , New Delhi against my wife and , her brother and father.my wife her brother and father has not allowed me to enter in the house due to the same i was compelled to reside for two day from my own house and even i was not allowed to take my clothes from the house.on 19.09.2017, my wife her father and brother has taken away all the house hold articles purchased by me from my own funds to their house without knowledge and consent of me.On 23.09.2017, I had given another written complaint to DCP , New Delhi against the Respondent, her brother and father. ,,,

My wife given a complaint against me and my family on 26 Sept 17 at Mahila thana Uttar Pradesh under Section:- 498A,323,511,504,376,377,DV 3/4 ETC i got the stay on arrest from Allahbaad Court till the time of chargesheet file.

I got the criminal case history of her last case which is still pending in Distt Court filed by her x husband which cleary shown that she is professional she has already done the same thing with him and now she is working with media with the help of media she has succesfully filed FIR against me and my family i have all the evidence which can proof that all the alligation are fake and base less.. i want to know the next procedure so that none of my family member got arrested...



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 2 Replies

Krishna   08 February 2018

Dear Sharmaji, I can understand your mental torture. I'm also victim of 498A. My wife also cheated me saying it was her 2nd marriage( for me 2nd marriage). After 1 year she filed 498A case. After coming out on bail, I found that she married twice earlier, filed 498A cases on 2 previous husbands and a s*xual harassment case on another. Now a days some of the greedy parents encouraging daughters to file false cases, get compromise and settlement money.With all documentory proof and previous victims, I went to Commissioner of Police, got convinced CP, get her arrestedunder IPC 420.

1. As you have taken bail, now nobody can do anything to you. After recent Supreme court Judgement, police has to verify all the complaints and take action accordingly. But most of the time polce will ask the parties to compromise  before FIR , If the parties does not reach compromise, they will FIR. Here also FIR and Charge sheet depends upon which party bribes more to the police. They will simply sit at PS, files FIR and Charge sheet.

Now your family members will not be arrested. If their names are there in charge sheet, you can get them surity for them after charge sheet. My advice is bribe the police and get your family members names deleted while filing charge sheet, Approach them through proper person/channel/lawyer, otherwise they may also double cross, it dpends on your in laws influence and amount of bribing.

2. Enquire about your wife history. Meet her previous husband. He may give some information also, check whether she filed 498A on him also. Go to her home town PS and enquire whether she filed any other cases etc. For me when I went with my wife's photo, one constable identified her, informed me that before marrying me she filed a s*xual harassment case on one person. I got all the case details.

3. The 498A case will go on 3-4 years depending on the court and number of cases. Harddly 4-5 % are convicted.Get a good lawyer.

4. Here in LCI, I found Mr.Vijay Mahajan is giving corect and valuble advices, who is residing in Gurgaon, whom you can consult personally.

5. If you are financially sound, get rid of the 498A, go for quashing in high court.

I advised you based on my personal experience and I'm not blaming all the women and their parents. But unfortunately some are misusing 498A

Deven Sharma   08 February 2018

Dear Krishna Ji
Thanks for your advice... I have all the evidence with me like video recording, Audio Recording, Copy of Complaint which I have given in DCP office , Case History of her previous case which is still pending .. but I want it to know the procedure after filling the chargsheet.I have a stay on arrest till the time of chargsheet not filed. should I get the bail from district court under section 498 A, 376 ,377 , etc or I have to go to hight court for same.?

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