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Rajendra (Xyz)     17 November 2012

498 and 406

My wife left our home 2.5 yrs back along with her ornaments. Since then there is no interaction by any means of communication between us. Recently I have received 3 appearance notices from mediation court but I have not appeared any. How do I safeguard myself against any charges like 498A, 406 and false claim of jewellery. Whatever gifts received by me in the marraige are her or mine, can she claim for them, also I m fearing harassment and gundaisim from her parents. Kindly recommend the future course and action to be taken from my side to safeguard myself.



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 6 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     17 November 2012

Dear Rajendra, 

1. Depending on your inclination you can file for divorce on the grounds of desertion or Restitution of Conjual Rights, the latter if you want to have her back. 

2. In what matters appearance notices are being sent by the mediation centre ?

3. As regards 498a - there are couple of things that you can do :- read : https://advocatebharatchugh.wordpress.com/2012/10/13/how-to-fight-a-false-498a406-strategy-to-pre-emptprevent-false-dowry-case-and-come-out-winning/

4. Whatever is gifted to you or your family by either side - is yours to keep. 

 

Good Luck !

 

 

Bharat Chugh - Advocate 

Blog : www.advocatebharatchugh.wordpress.com, www.bharatchugh.wordpress.com

Stay Connected on Facebook ! www.facebook.com/advocatebharatchughonthelawsofindia

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Rajendra (Xyz)     17 November 2012

Hello Thanks for your prompt reply, sir in mediation letter my wife has put allegation " I was been thrown out of house by my husband and by in laws and and been tortured with mental and physical cruility.. Several eefforts for reconsilision have been made but no fruitful result has come out to settle the disputes wid help of neutral mediator rather to suffer silently" please let me know if I can transfer the case from Delhi to Pune or any other state as I and my parents have threat to our lives and we afraid going to Delhi ... For your information place of marriage was in Pune and we also reside in Pune ...further please let me know if she claims that her ornaments which she has already taken with her while leaving my house are with us, how could we safeguard ourselves with this false allegation.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     17 November 2012

Dear Mr. rajendra

If your wife or FIL or other relatives of your Wife threatened to you for false cases and demand money or property against these threates you have to right to file a criminal case against them u/s 383, 384, 388 of IPC for Extortion.

secondly, non-appearence before the authorities is not good for cases, if you got the summons you should be appaered before the Authorities to show your intention and activities.

feel free to call

rajiv_lodha (zz)     17 November 2012

Yes, appear for mediation. Ur non appearence wil be considered on th ewrong side of law. U can easily put forward ur point at mediation platform too

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     20 November 2012

You are forewarned. No one has been able to avoid 498a if the girl is hell bent on filing the same. But use this mediation proceedings to end all disputes.

 

 

 

Regards,

 

Shonee Kapoor

ANAMIKA VICHARE (LAWYER)     25 November 2012

It is better to appear before Mediation.

So far as gifts received in the marrige are concerned, it is easier that the gifts gifted to you are yours and gifts given to her are hers....that is not a big deal, ...you admit the things candidly...

one thing I dont undrsrand she left home before 2.5 yrs, you did not even contact her or communicate to her...in that case, your desertion ground is failure....you can file petiion on the ground of cruelty


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