Is 498a fir possible if husband wife are not living together for last 1 year 6 months.
Mukesh Kumar
(Querist) 23 February 2012
This query is : Resolved
Sir , my wife is threatening me for filing FIR of 498a against of me and my whole family. Though she is not living with us for last 1 year 6 months. our DV case is already pending in dwarka court, delhi and I am giving her/my child maintenance regularly.
my 1st question is this, Now at this point of time after 1 year 6 months can she file FIR of 498a. and she also told me that she has filed FIR at uttamnagar Thana but they have instructed Thana not to take any action until they give them green signal.but in this respect I did not get any prior intimation of 3 days notice from thana.
my 2nd question will this 498a FIR ruined my career for government Job. will this 498a FIR be problem at verification stage of government Job. plz reply
Shonee Kapoor
(Expert) 23 February 2012
1. Yes, she can file 498a even now.
2. FIR itself would not ruin the existing career, but it can create some problems in jobs.
3. Get AB as soon as you hear from women cell, there is no automatic 3 days notice in Delhi.
4. Start attending SIFF meetings every Saturday at Patiala House Court complex.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 23 February 2012
You have been rightly advised by Mr. Shonee Kapoor.
She can still file a case u/498A.
It is not the FIR but conviction that counts for job.But once it is filled and you are looking for jobs whose forms have column to be filled then you need to disclose and may have some psychological bearing in the mind of interviewing body but it is also true that every body is aware of the fact that these days such cases are lodged falsely and with fabrication.
Be alert as advised for Anticipatory Bail and attending SIFF.
Kiran Kumar
(Expert) 23 February 2012
you may seek AB as an interim measure...
long delay in registration of FIR may be of some use but it depends upon the facts and circumstances.
make every sincere effort to compromise the matter...keep some evidence to this effect, in case something adverse is done then your efforts may help you out.
sibasish pattanayak
(Expert) 24 February 2012
MUKESH JI ,
I AGREE WITH THE EXPERTS AS ADVICED YOU , BUT U HAV TO FILE AN APPLICATION BEFORE THE D V COURT NARRATING ALL THE THINGS, SEND LAWYERS LETTER TO THE SHO CONCERN P.S. / CP / SHO MAHILA THANA FOR YOUR OPENNESS , AS YOU ARE ALWAYS READY TO COOPERATE WITH THE INVESTIGATION, U INFORM THEM ONLY TO SUCK A HUGE AMOUNT OF MONNEY YOUR WIFE HARRASING U, THIS THANA INTIMATION IS NOTHING BUT TO MAKE STAIR CASE TO ETORT YOU.
REGARDS,
SIBASISH PATTANAYAK, ADVOCATE.
09874854594 09477090999 / 09231668664 / 09433074402. sibasish_adv@yahoo.co.in
V R SHROFF
(Expert) 04 March 2012
SHE CAN FILE 498A
get AB ,
BRING ON RECORD OF DV CASE , THAT SHE FILES 498
ACT AS ADVISED BY EXPERTS.
NOT TO WORRY, JUST FIGHT OUT INJUSTICE.
