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False 498

(Querist) 22 March 2016 This query is : Resolved 
Dear Sir,

I am just married and after few day I noticed that girl is arrogant in nature and also not respecting to family , I always suggested her to maintain Indian value and culture which she did not follow, Bcoz of which two three time we had a argument also. Her parents came to know about this and she instructed her to come back immediately and have DV. Somehow situation got managed, but on daily basis I found that she is not changing her behaviour and always complain for my family and lifestyle of our house, Now she started using such word which scared me that in future she or her family (Got threatened by her family that will suit FIR and will use Media ) may use 498 ( For domestic violence ,dowry and maintenance charges etc) against me and my family.

Pls help me and save my family also , pls suggest how to escape from such section in future, if occur.

Girl’s Profile is as follows
Highly Qualified, Not working, getting full support of her family irrespective of right or wrong, having national Media contact
Devajyoti Barman (Expert) 22 March 2016
It is your misfortune that you selected a wrong girl for which you have pay a price anyway.
So either live life all long under the threat of case or raise your head,protect your dignity and end her threat once and for all.
She may file case in such event but atleast you would be saved from the life long ignominy,
Do not worry once you get bail u/s 498A which is a mere formality nowadays,half the battle is won for you.
All the nest.
Sudhir Kumar, Advocate (Expert) 23 March 2016




THE QUERY IS VAGUE

YOU SAID

“not respecting to family”

WHAT DISRESPECT SHE HAS SHOWN ,

YOU SAID

“ I always suggested her to maintain Indian value and culture”

WHAT UNINDIAN BEHAVIOUR SHE IS SHOWING.

YOU SAID

“two three time we had a argument also. “

ON WHAT POINT AND HOW DO YOU THINK THAT YOU AND YOU ALONE WERE CORRECT

“Her parents came to know about this and she instructed her to come back immediately and have DV”.


DO YOU THINK THEY SHOULD NOT HAVE COME.

YOU SAID

“always complain for my family and lifestyle of our house,

WHAT SPECIFIC LIFE STYLE SHE EXPECTS.

.
Adv. Yogen Kakade (Expert) 23 March 2016
This is a very common query.. hence don't worry.. you are not alone.
Secondly.. media should not have time for all this.. if they start covering 498a cases.. they shall get thousands of news every day.
As far as the legal issue is concerned, try to speak to her parents and get separated mutually.. or if she files any so called false case, then defend yourself strongly and smartly.

Adv. Yogen Kakade
Jurycon Incorporation
Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Call: 020-65248888
Rajendra K Goyal (Expert) 23 March 2016
If they prefer to proceed, due to law, you and your family have to face cases. Either surrender before her and try to save marriage or face the music of law.
Dr J C Vashista (Expert) 24 March 2016
Pure hypothetical query.
R.N.Mishra (Querist) 25 March 2016
To -Adv. Yogen Kakade (Jurycon Inc - Sir, As you suggested that fight strongly & Smartly , Pls suggest me the way to to protect my self and my family ( Not Fight) smartly, It wil be favour on me.
R.N.Mishra (Querist) 25 March 2016
To Mr. Sudhir kumar –
Sir , it may be vague query for you bcoz you are in daily business for this type of issue but for us its new and unexpected.

Following are the answer of your query.
a)WHAT DISRESPECT SHE HAS SHOWN - Being new bridge not mentioning marriage decorum and immediate reply( Rudely) to any one without thinking that the persona in front of her is Sr. to him.

b)ON WHAT POINT AND HOW DO YOU THINK THAT YOU AND YOU ALONE WERE CORRECT - I never claimed that I am only correct but she rarely participate in house work and always interfere as per above mentioned issue.

c)DO YOU THINK THEY SHOULD NOT HAVE COME.
- Sir any and all parents will come for betterment of his/her kids but in new marriage, instead of making her understand, provoking her to get separate or DV . and threatening of Media and FIR .Is it correct ?

d) WHAT SPECIFIC LIFE STYLE SHE EXPECTS - he wants to live life like before marriage she use to do , late morning wakeup , not ready to take responsibility , not ready to live with parents.

Sir – I posted my query with lots of expectation for help as for us Court and Polish station is not good place to spent time as it result in insult of family in society but experts are taking it very causally as they are in daily deal with such type of issue but for a normal person it is very much disturbing issue.

Considering query from Expert panel ,Hope I will get real expert opinion.




R.N.Mishra (Querist) 25 March 2016
To Rajendra K Goyal - "Face the music of Law "Sir, Is it expert openion ?
R.N.Mishra (Querist) 25 March 2016
To - Devajyoti Barman- Sir, Thanks for your kind openion , Pls suggest me leagl way out to protect my family in advance ( If any situation occure in furtuer )
R.N.Mishra (Querist) 25 March 2016
Respected all - kidly suggest can I save my self from Maintainance charges and How.

Pls suggest
Sudhir Kumar, Advocate (Expert) 25 March 2016
It is seen that the whole trouble is that you are not going to be separated from parents and willing to face any consequences.
R.N.Mishra (Querist) 25 March 2016
Sir ( Sudhir Sir),

Is there all law for girls only, Is it so that a person who wants to maintain a good family relation with all family member ( Including wife and in-laws) if not getting support from wife then he should get separated from his parents ( Irrespective of his parents has struggled a lot for his upbringing)and now person should get separated only bcoz wife is stronger by law.


sir - Just bcoz I am a boy do I need to follow wife instruction and need to forget my parents.

There must be some way out by which I can stay with my family without any fear of 498A.
R.N.Mishra (Querist) 26 March 2016
Respected All,

Reply from all experts are awaited
R.N.Mishra (Querist) 07 April 2016
Sir,

I am still waiting for your suggestion , recently I came to know that she has been pregnent , I had requested her to discard the baby as we are not in healthy relation so we will plan the asme in future but she rejected the proposal straight forwarad ( Earlier she also wanted the same but the day she came to know about prgnency she discussed the same with her mother and sister in-low and after that she changed her decision) .And now in any argument ( as mention in my 1st query) between us , she gives thretning of 498A and maintainace chage.

She never treat me or resepct my word as husband.

Pls help me.
Adv. Yogen Kakade (Expert) 11 April 2016
Mr. Mishra.. the experts have tried thoroughly to guide you. Some of the answers you might not like.. but to guide you with an exact way out, your case has to be seen with all the details. As you are revealing many facts now, as now you are saying that she is pregnant. This can play a vital role in the case. Hence, it is advisable to consult a local lawyer with all the facts. And as I have mentioned to defend yourself smartly, I think you did not like my comment.. but as the case proceeds you will certainly come to know why I used the word 'smart defense'.
R.N.Mishra (Querist) 11 September 2016
Dear Sir,( M. Yogen Kakade)- thanks for your reply . My reply is to update you the current situation.

a) I am managing the situation some how.

b) Her family ( specially her Mother & Brother) still interfering.

c) She started nagging for monthly exp apart from her daily need worth 3000 where as I am stopping her to ask the same and assuring her that I will fulfill your need instead of money per month as she wants to use it for her family only.And her mother is also supporting her in this case.

D) Her brother is in national News channel and having good contact with local politician , police and I get indirect threatening of same which I can not share with my family as it will disturb them.

One thing I want to say sir that I got married in wrong family. I m now looking for way-out safely.

Being expert If you find any suitable Idea pls do share with me.
Dr J C Vashista (Expert) 12 September 2016
You have adequately been advised by experts, for further opinion, guidance and proper proceeding you are required to contact, consult and engage a local prudent lawyer.


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