498a & child custoty victim ,please help
Guest
(Querist) 13 August 2012
This query is : Resolved
Dear Sir,
I am a victim of law in family matter.
My wife is residing in her parent house from sept'03,2011.She is
a government servant .I have a 18 month old son,
she was not allowing me to meet my son as i was not ready
to stay his parents house
Incident
1)I suit a case , claiming child custody .My lawer advice me to put
a point that 'All ornaments she has taken with her',the case first
hearing is 31'Aug,2012
Incident
2)I send several letter to come back home (registerd with ad ), send
several money order for my son , she rejected , records are in my hand
Incident
3)After 11 month 4 days she file 498a/406/34 in the groud of mental toture
over phone .1/3 of ornament that she claimed have been size from our home by police
and i was bailed in 4 days
Her lawer is thaering me over phone that
a)give mutual divorce either they will suit DV act as all ornament have not
found and send me and my parents to jail for 1 years
b)As i have mention in child custody case that 'All ornaments she has taken with her',but
during police search(406 act) some have found , he will show cause from court and send me jail again
c)He also theating me to withdraw child custody case
Please advice
a)how to Avoid lawer theating ?
b)What to do with the point 'All ornaments she has taken with her' , if the show cause me ?
c)Is there any chances of getting impresonment if she file DV act(she is govt employee) ?
ajay sethi
(Expert) 13 August 2012
DV case you wont get punished . at most court will award her a protection order restraining you from indulging in acts of DV .
file police complaint regarding threats received from her lawyer . record his conversation .
were 1/3rd ornamenets found from your house?
Guest
(Querist) 13 August 2012
Yes sir, about 1/3 rd of Ornaments (she claim a huge) were found and sized from our house ,but i child custody case i have written 'All ornaments she has taken with her' , now what to do ...if court show cuse me ?
ajay sethi
(Expert) 13 August 2012
well you have made false statement on oath . now only reply you can say is you were under impression she had taken all ornaments as you had seen her taking her suitcase and jwellery box. had no intention to mislead court and aplogise for the statement made
Guest
(Querist) 13 August 2012
Than you sir...
Now i am felling free, i was in very tension...thanks..for guidence
Guest
(Querist) 13 August 2012
Sir ,
My wife is Govt Employee , she gets good salary, office qauter, medical , bonus all.
But during 498a/406 police searching she claim a huge (honestly we have no such ornaments or
other things) ,1/3rd of her list were found.
If she file Domestic violence act , we have to fill her all claim or not ? if she claim the all , what to do ?
we have no such capacity ...? she have no proof whet she is claiming
Sudhir Kumar, Advocate
(Expert) 03 September 2012
You queries on the subject :-
http://www.lawyersclubindia.com/experts/498a-bail-331401.asp
http://www.lawyersclubindia.com/experts/498a-false-withness-335686.asp
http://www.lawyersclubindia.com/experts/Police-Verification-498a-330736.asp
http://www.lawyersclubindia.com/experts/DV-Act-Child-Custody-331511.asp
http://www.lawyersclubindia.com/experts/498a-Child-Custoty-Victim-Please-Help-330356.asp
http://www.lawyersclubindia.com/experts/498a-Domestic-Violence-Act-329591.asp
You are scattering the facts and unable to get a consolidated advise where experts see views of each other and agree or disagree. You are denying your self of the best of this forum
