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(Guest)

Please help...Fed up with courts...

RCR has been filed after 498a .They filed for counter for RCR asnot willing to  reconcile and for MC.

1.Will the court Order for Maintainace if we can prove that Wife is working based on the Bank Statements in which Salary (50k) deposited and with her Income Tax statement ??

2.Intentionally delayinig the RCR and MC case by not attending the case and in a confidence that court will be in favor of Women.Judge ordered for Enquiry giving the dates and they are not attending the court from past 5 sessions.And it's like a game for them attending once and not attending for next sessions which is delaying the process...When the court will take an action on this?

3.What does Enquiry means ?

4.It's  already 1.5 yrs from which these cases are pending...How long this process will take place...?

5.What if she leaves the job during the judgement time of MC to gain the MC with out doing any work though she is capable of earninig ?

6.What are the legal actions that can be taken for filing false cases after acquittal of 498a and MC for causing mental trauma against a wife who has betrayed after few days of love marriage?

7.Can we file any cases against her and her family as they are trying to extort money to withdraw 498 case and for settlement ?

8.How long 498a cases will take for Judgement ?

9.Mine is a Intercaste love marriage and i have not taken any dowry from her and they made false allegations in the cases that i have taken dowry .Marriage pics clearly shows that it's not an arranged marriage from parents.Is there any way that i can expedite 498 case and get acquittal from this case as soon as possible....Please suggest...Iam fed up in roaming aorund courts...

10.What are the chances of conviction in 498 cases ?What if they provided some false witnesses?



Learning

 4 Replies


(Guest)

SIR,

KINDLY NOTE THAT.

REGARDING A CASE UNDER SEC.498 A OF I.P.C.FILED AGAINST YOU.

1YOU MAY FILE A CRIMINAL WRIT PETITION  AT HC FOR QUASHING THE SAID FALSE CASE AGAINST YOU AND YOUR FAMILY

AND ALSO PRAY FOR EXPEDIATING THE MATTER AGAINST ACCUSED WHO CAN NOT BE ACQUITED.GOOD LUCK.

Tajobsindia (Senior Partner )     27 May 2011

@ Author

1. Will the court Order for Maintenance if we can prove that Wife is working based on the Bank Statements in which Salary (50k) deposited and with her Income Tax statement ??

Take: NO is the answer in total. However be it a civil maint. then file a S. 151 CPC application for summoning concerned officer (her employer) with complete salary records till date as well as Bank Officer with complete Bank statement. If it is a criminal maint. case then file S. 254 (2) CrPC Application with above cause title.


2.
Intentionally delaying the RCR and MC case by not attending the case and in a confidence that court will be in favor of Women. Judge ordered for Enquiry giving the dates and they are not attending the court from past 5 sessions. And it's like a game for them attending once and not attending for next sessions which is delaying the process...When the court will take an action on this?

Take: here I take the enquiry as Evidence Affidavit by parties. Hence you have to wait for its outcome. Least to least you may file urgency hearing application to dispose the MC expeditiously.


3.
What does Enquiry means?
Take: Here enquiry means Evidence Affidavit by parties.



4.
It's already 1.5 yrs from which these cases are pending...How long this process will take place?
Take: ordinarily 60 days. It depends upon the guts of pleader and capability to approach higher forums if your Fundamental Rights are infringed upon. See where you stand !



5.
What if she leaves the job during the judgment time of MC to gain the MC with out doing any work though she is capable of earning ?
Take: First follow para 1 take and even if she leaves “inference” can always be shown / drawn by a well placed pleader appointed by you before the concerned Court.



6.
What are the legal actions that can be taken for filing false cases after acquittal of 498a and MC for causing mental trauma against a wife who has betrayed after few days of love marriage?
Take: Once the concerned Court specifically mentions that your lady has filed “false” cases and hence you and arrayed accused are “acquitted” then defamation as well as compensation cases can be filed at appropriate forums. However let that stage first of all come instead of asking end result when charge sheet probably may not been filed in this briefs (which is my early guess !).



7.
Can we file any cases against her and her family as they are trying to extort money to withdraw 498 case and for settlement ?
Take: Oh yes, make them do sweet talk on your cellphone and record the talks of “extortion” and file S.156 CrPC suit before jurisdiction Magistrate Court and get witness of cellphone company depose statement and based on which S. 506 IPC case can pop up. All these takes lots of efforts and systematic planning though.



8.
How long 498a cases will take for Judgment ?
Take: Average nationwide shelf life is 4 years.



9.
Mine is a Intercaste love marriage and i have not taken any dowry from her and they made false allegations in the cases that i have taken dowry .Marriage pics clearly shows that it's not an arranged marriage from parents. Is there any way that i can expedite 498 case and get acquittal from this case as soon as possible....Please suggest...Iam fed up in roaming around courts...

Take: Successful marriage thy name peace of mind, un-successful marriage without dowry thy name 498a / 406 + half a dozen maint. cases. So who told you not to take dowry ! This besides the point if marriage is not denied then pict. donot play any role and it all depends how your side claims “innocence” against her sides “gospel truth” A Indian adult has to go through all these once in his lifetime due to “system failure” and system encouraging “misuse of women favouring laws” so engage yourself in happier pursuits and let cases go on it own pace which is indirectly saying the more you detach yourself form such frivolous cases the more happiness of mind, body and soul emerges victorious.


10.
What are the chances of conviction in 498 cases? What if they provided some false witnesses?
Take: Let them do all they can. Keep solaces in knowing that officially the statistics of conviction in S. 498a IPC is less than 1%.

1 Like

(Guest)

Thanks alot for the valuable information with a great moral support....


(Guest)
@Tajobs: Take: Let them do all they can. Keep solaces in knowing that officially the statistics of conviction in S. 498a IPC is less than 1%. (where did you find that statistic?)

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