prakash mahale (medical representative) 22 April 2015

Misuse of 498

respected all members

my wife and in laws try to misuse of 498. from last 1 and half year in am getting frustete my in laws dominating my life totally. i dont have enough strong family background . due to the frustation i did suicide on 4th April 15. i want get ride out of it all. i am really trapped . i have 2month old baby boy.

requesting you kindly suggest an idea against misuse of 498

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16 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 22 April 2015

Sir, Keep recording of their conduct and all .... Talk to them and settle it ......to be on a safer side you can also send an information to the police that u apprehend a false complaint from your inlaws and all.... Warm Regards Kapil Chandna Adv 9899011450

prakash mahale (medical representative) 22 April 2015

Thank you sir for suggestion

my wife is in from reached family .even she dont having any loving attachment with me and my families member. she has broken all my promises and she made me very frustate . i did lots to make her happy always.

she loves only my salary. and now i really want divorce from her without any condition.

thanking you

regards

prakash

saravanan s (legal advisor) 23 April 2015

even if they file a false 498a they have to prove it before the court.otherwise the case will be dismissed.in that case filing a false 498a itself becomes a reason for applying divorce on the grounds of cruelty.so dont give up to their threats.

prakash mahale (medical representative) 23 April 2015

ok sir thanks for suggestion .t

if in case my wife filed 498 and put false compliant against me and my family members in police station .police can do directly without notice give imprisonment and I will loss my job immediately.??

and

i really feel put an case against my in laws that because of them i did suicide ..i really want justice. what can i do??? and if i did so....any negative impact further in my life???

kindly suggest.

regards

prakash mahale

8983351351

SAINATH DEVALLA (LEGAL CONSULTANT) 23 April 2015

Filing of 498 A is still a presumption and they have not yet filed it. In the meantime U have attempted suicide. Good.Don't get frustrated and try to overcome legally by engaging a competent lawyer.

saravanan s (legal advisor) 23 April 2015

since 498a is cognizable police can arrest you without warrant.as said earlier by adv kapil make an entry in the csr kept at the police station about the threats issued by your inlaws.this will help in case your wife or inlaws file complaint against you.another alternative is to get ab for you and your family.

if you dont want to continue your life with her you can file for contested divorce on grounds of cruelty.but she might retaliate by filing 498a,dv,dp.

N R Dash.. (Advocate) 23 April 2015

I am yet to understand why???? Why your wife or her family members are planning for 498A. Is it a presupposition of yours???

Have you concealed anything from her at the time of marriage???? Were there any collusion between both of you?????

Truth's Warrior (Quality) 23 April 2015

Hi Dear Members,

Can a biological father fight for visitation rights or custody of his illegitimate child for the welfare and future of his child as he found out that the mother was immoral and has had multiple affairs with many men??

I have a close friend of mine who impregnated his sister-in-law as she told him that his brother was impotent and that his brother agreed for her to have a child from my friend. My friend agreed on the basis that the child should grow in front of him and allow him to visit the child. After having a child she changed her colours and started to keep the child away from him. When he questioned his sister-in-law and brother falsely accused him of raping his sister-in-law and threatened that they will put false allegations against him if he revealed the truth or if he came to see the child. Even his sister-in-law's parents and his parents knew about it but now they are all threatening to file a case with false allegations. They already filed a complaint against him that he posted her obscene pics on FB, but it was not proved and he was let off in the police station.

My friend has all the evidence to prove what he is saying and that she emotionally blackmailed him to give a child. Evidence of whatsapp msgs, FB msgs, SMS, voice records, etc.

My friend also enquired about her and found out that she has had multiple affairs with many men and collected evidence for that too.

He is now worried about the child's future. He revealed everything to his wife and wants to claim custody of the child now. I have read and researched a lot on this, but as per Indian law the mother is the natural guardian of an illegitimate child and that if the child is born within a wedlock the biological father has no right.

My questions are:

Can my friend prove it in the court with the evidence about the truth and claim visitation or custody of his child for the welfare and future of his child?

SAINATH DEVALLA (LEGAL CONSULTANT) 23 April 2015

Mr, Warrior,

Better post UR problem in a new post as the original query will get alienated.

Truth's Warrior (Quality) 23 April 2015

I have posted it in a new post under the title "illegitimate child visitation rights."

SAINATH DEVALLA (LEGAL CONSULTANT) 24 April 2015

U have to choose a different thread for UR new query

CompelledToLearnLaw (Financial Examiner) 25 April 2015

Brother, do not be as stupid as to commit suicide. If it makes u feel better: a lot of men r suffering the way u r. U r not alone so be strong. These fabricated dowry/cruelty related cases r needlessly wasting the most productive years of countless men of India. The government is not doing anything to stop this kind of harassment but it talks big like, “we need to stop the brain-drain from India to other countries.”

This 498a, DP Act, and the likes r a constant mental torture to men who r dealing with these laws. These laws r nothing more than tools for blackmailing. Along with laws, the judges r no less of a harassment to men. I was having lunch with a session judge’s reader and he said that there was a judge who he worked with and a husband was saying to this judge that these r all false allegations. The judge interrupted the husband with banging his fist hard on the table and the judge said to the husband, “when u leave somebody’s daughter, off course they r gonna put these false allegations.” Then the judge gave the husband one month for an amicable solution and threatened him that he will be sent to jail if no solution is arrived at.

One oldy-goldy from my mother’s maiden village came to our home with an intention of becoming an ambassador for me to my inlaws to solve everything. He told me he has solved many issues. One story he told was of a woman whose husband had filed a divorce case. He said, “so I gave her an idea to put a false case of physical violence on the husband, husband’s parents, husband’s sister, and husband’s brother-in-law.” He said that the wife was very happy on the first hearing of the criminal trial and the wife said, “thanks uncle, in the divorce case only a few people were coming but in this new case, their whole village is here.” He said he ended up getting 5 lakhs for the wife. He was telling a lot of stories and he was declaring again and again that judges do not listen to men and they favour women. I mean the guy scared my whole family and my family got concerned about me. My mother’s face remained pale for the whole day. The sad thing is that I can confidently say that every word he said, during a few hours of his visit, was true. Almost all laws and almost all judges swing towards women. Someone who has never stepped into the courtroom against a woman, has no idea of what men face in the courtrooms.

CompelledToLearnLaw (Financial Examiner) 25 April 2015

And join 498a.org/forum/

Biswanath Roy (Advocate) 26 April 2015

Don't be sentimental and silly. You are a HE MAN not a woman, keep such spirit and do your routine job as usual. LIFE IS A CHALLENGE AND YOU SHALL HAVE TO FACE IT. To prevent possibilities of a complaint of Sec.498-A IPC, you may file a private case against your FIL, MIL and your WIFE u/s.503 IPC complaining against them that they are threatening you over phone that unless you follow their apparently illegal dictation they will file false complaint against you and your family members u/s.498-A IPC for harassment and cruelty etc.etc.