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F L SHAIKH (JOBLESS)     25 May 2010

498 A

DEAR ALL 

CAN MY WIFE FILE 498A IF DIVORCE CASE IS ALREADY IN COURT AND 2 DATES HAVE BEEN ATTENDED AND CASE IS GOING IN LUCKNOW

WIFE LEFT MY HOUSE ON 28TH FEBRUARY 2009 AND IS STAYING APART SINCE THEN AND DIVORCE CASE FILED IN NOVEMBER 2009 ON THE GROUND OF DOWRY WHICH WAS NEVER DEMANDED BY US AND NEVER GIVEN BY THEM.

THANKS 



Learning

 4 Replies

nayan joshi (Lawyer )     25 May 2010

Hi.. this is Advocate Nayankumar B. Joshi.. Practice in Gujarat High Court since last 5 years..

your question is right but we don't have any option..B'cz as per the IPC 498a She can filed complaint against you.. but don't worry, you have very good chance to fight against her.. the main and important ingrediants is crualty, she cannot established.. and the second defence is delay of launching complaint.. this  two part is the vital for your defence..

Regards,

 

Nayankumar B. Joshi

G.G.Shaikh Advocate M:9898038990 (lawyer)     25 May 2010

yes che can

abhishek (student)     25 May 2010

WELL MR SHAIKH 498 A INDEED PROVIDS AN OPPURTUNITY FOR A WOMEN TO FILE CASE AGAINST HER FAMILY.N AS THIS SECTION IS AN COGNIZABLE ,NON COMPUNDABLE AND NON BAILABLE IT CAN CREATE PROBLEM FOR THE ENTIRE FAMILY.BUT IF IT IS A FALSE ALLEGATION I SUGGEST YOU THE FOLLOWING COUNTERATTACKS YOU CAN TAKE IN TO CONSIDERATION:

1.SECTION 191 OF IPC DEALS WITH FALSE EVIDENCE AND IF PROVED THAT YOUR WIFE WAS INDEED PROVIDING FALSE EVIDENCE THEN SHE CAN BE IMPRIOSNED FOR 7 YEARS AND SHALL ALSO BE LIABLE TO PAY THE FINE

2.SECTION 209 DEALS WITH WITH FALSE CLAIMS IN THE COURT..IF IT CAN BE PROVED THAT UR WIFE WAS MAKIN ANY FALSE CLAIMS DEN SHE CAN BE IMPRIOSNED FOR 2YEARS WITH FINE

3.SECTION 211 DEALS WITH FALSE CHARGFE OF OFENCE WITH INTENTION TO INJURE :IT CAN LEAD TO IMPRISONMENT UPTO 7 YRZ AND FINE

APART FROM THAT U CAN ALSO FILE DEFAMTION PETITION...................................ALL THE BEST

F L SHAIKH (JOBLESS)     25 May 2010

Thanks for answering my query but the reason to ask about this question is as my wife and my in laws on the basis of 498 a has bribed there local police station officers due to which they threatened me and forced me to sign on a 5 rs stamp paper to divorce my wife even the case is going in court on arguing the same police threatened me to file more false complaints against me and my family  and i will be beaten in the police station for not signing the divorce paper 

what action i could take as my wife is not having any single evidence for proving 498a as we have never taken and was never given by them, and on that basis only she had bribed police and threatened me to sign divorce paper other wise on my wife's statement they will file 498a and more cases.


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