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Discussion > Criminal Law > Section 498 a   Unanswered Threads Post New Topic

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Manish Chaudhary


na
[ Scorecard : 24]
Posted On 05 May 2013 at 20:02 Report Abuse

Dear all,

I'm a victim under Section 498 A, Dowry & related sections in which whole family is involved. I got married in 2010 & post that I stayed away from my home & my wife stayed at our home with my parents & working sis. After marriage she stayed at PG becoz of her job timming away from our home for 3 months & post that came back n showed willingness to stay at home. Ofter 1 yr of marriage I got transferred to my Home location & we stayed together for 4 months & were very happy with each other n family except some little husband-wife personal problems. In may 2012 she left our home by her own will & started staying at her parental house for some days. As per our misunderstandings I asked her for mutual divorcee but she refused. After 3 months she along with her family filed 498A & dowry case against me & my family. After challan being put up in court police filed a case against me, my mother & my sister but excluded my Father from case. No proper investigation was done either. She is staying 100 kms away from our house at her parental house where she filed this FIR.

Now she is ready & trying for withdrawl of case on her own basis demanding compromise agreement from our side, which we are not ready to give. bcoz after that I suspect she will file some other case against us & will not agree for divorcee. withdrawl application is with ADM court at present which will be rejected becoz of lack of agreement from our side as convey by her.

 

The charge sheet has been filed against us in respective court.

 

My humble request to all is to provide me with valuable feedback n course of action that can be taken & how to get rid off all this & also weather she can withdraw case on her own without our involvement or not.

 

Regards,



Online certification courses in IP, IT and Social Media laws


mycent


X
[ Scorecard : 225]
Posted On 05 May 2013 at 22:10 Report Abuse

498a is compundable only in Andhra Pradesh. In all other states its non-compoundable - this means that the case cannot be withdrawn. Having said this, however Honble High Court & above has the power to quash 498a case if both the parties reach to a settlement/compromise & wish to end the case.



498A fighter


tutor
[ Scorecard : 1454]
Posted On 06 May 2013 at 00:17 Report Abuse

Mr. Manish if the case is false fled by your wife dont withdraw and fight it with full power,

dont take back 498A wife.

the convictin rate in 498A is only  2% in India so keep patience and fight the case as soon as you get aquital you will be smoothly get divorced from her very soon on the ground of  cruelty and in that yu dont have to pay a single rupee as maintenance moreover yu can file multiple coutner case on your wife also.

 so be brave face the situation and fight the case. as case is false you will be aquitted dont go for compromise by doing compramise you will be trouble, she will enjoy life with other person.. so analy se all the sittuation and the move forward




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