Misuse 498
jasvinder
(Querist) 23 April 2012
This query is : Resolved
sir my brother married in year 2007 and in 2009 after family partition took his money and invested in his inlaw business.they had 4 yr boy.on 2011 my brother came back to his hometown with his inlaws permission but now they r neither sending girl nor returning money and nor allowwing to meet his son.now in 2012 she filed case of divorce on desertion ground saying that boy had left in oct 2009.we had filed section 9 case in year 2011 to call girl before there case.we had enough proof both document and video that girl and my brother was together till april 2011.sir can we write to dgp and ssp with proof that girl had filed false case as they r threating us with dowry case.can we approach first to womaen cell and can boy cant file 498 against girl.sir advice how to proceed.we also want to take custodody of child on ground that girl father have no son and he want to adopt my brother son and we cant leave to stay our son with such person who r fraud as they filed false case.will our section 9 case help us as they filed divorce case in our counter case.please advice.case is of up
Shonee Kapoor
(Expert) 23 April 2012
If the girl wants to file a 498a she would eventually file it.
Better be prepared for it, contact an effective lawyer in her city.
Also join http://forum.498a.org/ and start attending local SIFF meetings.
If you think undersigned can be of any help, feel free to get in touch.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
ajay sethi
(Expert) 23 April 2012
if you ahve invested money in father in law business was it by cheque?
any acknowledegemnt?
if she has made false allegations and you have documentary evidence to show that false allegations have been made then her case will fall flat .
no boy cnnaot file 498 A case against girl . custody will be generally given to mother father can be granted visistation rights .
Devajyoti Barman
(Expert) 23 April 2012
This misuse is widespread.
Do not fear of 498 A case.
If you have enough proof then keep those safe and lodge complaint with the Police about their threats.
You should file cases to recover the money from your in laws as well. This would yield good result in the long run.
Kiran Kumar
(Expert) 23 April 2012
I agree with Mr. Barman that there has been widespread misuse of these laws.
the documentary evidence in your hand will be a gr8 help to you.
you need to engage a local lawyer to initiate proper step at proper time.
you cannot file counter 498-A against the wife but certainly you can drag your in laws other kinds of cases.
Manoj Choudhary
(Expert) 23 April 2012
file your reply with proofs/documents of your brother's stay with his in-laws house in Divorce case..
File suit for recovery against your in law's business to get your money back..
As you said RCR under section 9 has already been filed.
You can take custody of the child in Guardian and wards act..
SAINATH DEVALLA
(Expert) 23 April 2012
Dear Jasvinder,
What is the stage of the RCR filed?You have mentioned that your brother came back with the inlaws permission.What was the reason for his comming back?Have elders from your household tried for a mediation?If it was a minor misunderstanding, it could have been settled indoors.Now you fear that she could file 498A.Moreover your brother was staying in his inlaws house almost as ghar jamai.As RCR is pending I don't think she will file 498A immediately.But as a precautionery measure get in touch with a competent lawyer in your city and handle the case carefully.
Raj Kumar Makkad
(Expert) 24 April 2012
Meri bhi raye prabhakar singh ji jaisi hi hai.
Santosh Goswami,Advocate
(Expert) 24 April 2012
tO RECOVER THE AMOUNT FROM IN LAWS YOU NEED proof that you had invested money or lend them and for the same you have the liberty to file a civil as well as a criminal case. Now coming to the question of divorce,I don't think that the ground of desertion will succeed since you have come to your parents place.It is the wife who should resume the cohabitation.But at the same time, RCR decree can't force the wife to join the matrimonial home.You should apply for the custody after the child completes 5 years.
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