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Devender Suhag (Company Secretary)     21 July 2009

498 A IPC

 

One of my friend's family is in deep trouble due to misuse of 498A my friend got married 3 year back. He is servicing in indian army after 2 months of the marriage the parents and relative of bride started to demand of cash and also threaten that if u don’t pay the amount then they  will file a case against u in 498A after that my friend paid  some amount to them  they again demand for money and he again paid without told the his family. and after that they become crazy and demand for R.s 50000 when he was in his wife house but he refused to pay then the parents and one or their relative beaten him very badly in there own house. After that her parents refused to send his wife with him.
After that they file a case in 498 A in courts and his all family member arrested by the police, although the other member got bail immediately but the reputation of the family damaged in the society due to this false case.
Now the case is pending last two years in district court and yet to final. My friend in Indian Army his service is effecting very badly, my question is if there is any solution under law that my friend can get divorce and get another marriage, the mentally condition of the family is suffering very seriously due to and my friend is planning to kill his wife and then he will commit suicide because his mentally     balance is totally disturb. Please give me any solution then I will mail u all detail of the case In this regard.
 
Thank & Regards
Devender
devendercs@gmail.com  
 


Learning

 11 Replies

Khaleel Ahmed (Legal Advisor)     21 July 2009

Dear Devender Suhag,

As per your statement your friend has been harassed by his in-laws. They demanded money and your fried has paid . At last when your friend failed to full fill their demand , they filed a complaint against your friend U/S 498/A IPC. Further they caused harm physically also to your friend.

Your friend should have complained to the police about the same. Know also your friend can file a complaint before police .

Further your friend can file a divorce petition in the Court .

Let the trial complete for 498/A.Your friend need not necessary to kill his wife and commit suicide.

Kiran Kumar (Lawyer)     21 July 2009

in my opinion better bring the things to table.

 

let some compromise be introduced between the parties, and file a petition for divorce on the basis of mutual consent.

 

it may not sound good as u may feel like being let down but compromise will bring an end to miseries.

Sarvesh Kumar Sharma Advocate (Advocacy)     21 July 2009

file a civil suit under sec.-9 and 13 hindu marriege act.

and take the certify copy of chargesheet regarding to 498a  case

and also take certified copy of that civil case.

and go to high court and file case before the midiation centre.

 

Balbir Singh Chauhan (lawyer)     22 July 2009

hi devender the only solution to this problem is tht both the parties should arrive at a compramise. however if u wanna proceed with 498 A then i have few querries: 1. when ur frnd has handed over the money to family members wht was the mode of transaction. 2. when he was beaten by his in laws had he got his medical done and whether he filed an FIR aginst his in laws. 3. is there compramise between ur frnd and his in laws at any stage like local panchayat or any religious sabha

san (social service)     14 August 2009

there are lots of sections, which you can use to file counter cases against such criminal wives. search for 498a on the net, you will find lots of stuff to counter this draconian law.

Be firm, and have faith in yourself. Beware of lawyers, who tell you to compromise, they will mostly weaken your case, and  aren't good technically. Good lawyer will fight for you. Conviction rate in 498a is very low, since most of the cases are  false. Have a look at SC judgements, which have came down heavily on 498a and wives misusing this act.

 

jmale (sdsd)     27 February 2010

your indian army officer should get a gun and use it.

its better to face a murder charges in court than 498a

i will explain how: court is full of corrupt people .. after the murder .. your friend will be in jail (if chargesheeted if he doesnt cover his tracks) for some time .. then pay some bribe to Additional PP .. he will not oppose bail . once you are out of bail .. then its very easy .. to break the case ..

consult a advocate before and after you do the thing .. and be carefull with the advocate .. he should not blackmail you .. plan everything ..

jmale (sdsd)     27 February 2010

no need of divorce

no need to fear or running behind dogs

and during murder case,its you vs police( who dont really care after chargesheet and who are overloaded represented by the Additional PP who is generally corrupt to the core) .. but during 498a its you vs pack of real big dirty dogs( represented by efficient lawyer who will take money from both sides)

Sarvesh Kumar Sharma Advocate (Advocacy)     27 February 2010

to late


(Guest)

he is asking for legal advise here not illegal advise . although in this case everone feels illegal one is better :).

jmale (sdsd)     07 March 2010

Sathyama Jayathe ! Innocents will never face any issues. Our great law will protect us. Mera Bharat Mahan !

Having said this (lol .. lmao)

My advice: get a gun / cynide and use it against all their family members not just your better half :).

Take care of evidence:
Phone( simcards registered in dead people's name - destroy sim card after job + even the mobile (because even IMEI no can be tracked) ), if you are using hitmen get them from outside town( north get south south get north),do not show face , get small number of people .. 2 maximum (large groups r not effective)
if you have enough cash pay police and get the job done by them (yep .. :) ), if you are such a cash cow, then do one thing .. get arrested n go to jail and do all the above and below mentioned points from there, after mission is executed + 2 weeks come out n go to a long picnic not with parents (let your parents go alone)

its better to face a murder charges in court than 498a

i will explain how: court is full of corrupt people .. after the murder .. you will be in jail (if chargesheeted - if you dont cover your tracks - if you dont get AB (its easy to get for murder than in 498a :) )) for some time .. if you are such a nut that you have not taken care of above, i suggest surrender in court with media - cry and say that you are being framed and get bail - enquire about the judge and APP - bail will be easy -  then pay some bribe to Additional PP .. he will not oppose bail . once you are out of bail .. then its very easy .. to break the case ..

in jail - eat special food (you have to pay), there will be god fathers - be friendly - but dont be a jerk and start showing off - like dont tell everyone you are Sun tuzu - keep mouth shut and cry (good for your eyes) , stay in addmision ward (not with criminal - there will be brokers - mostly the doctors - they will ask 5000 you say ok - pay in instalments), dont fight with anyone, if your jail has games like carrom play it, listen to other's stories and develop your knowledge - question how they could have escaped, dont do manual job in Jail (even if police hits you - earn respect), speak in english to jail supernindent, and do excercise ( join the long timers - foreign nationals for drugs - they will teach you new techniques in excercising)
- dont drink in jail - sleep properly - smile and be merry - but if attacked (not threatened, but attacked) break the opposite guys head (he should not die though :) ) - you can get hospital for this :) .. - study - think of big thing, real big things, you will be surprised how Jail can teach you - yours is a petty case - but you are in a place better than 1000... IIT/IIMs puttogether - make best use of it .. like I went to the meditation hall too :) !! and argued the concepts the teachers told us in english ; the astronishment of other undertrails was so much - i earned respect - I have been to many countries - seen many great things .. but let me tell you mate, nothing like Jail .. I love Jail :) !! ..

God has choosen you to undergo this training (not punishment) for some purpose - search that purpose.

there are many ways to get out of jail .. medical (giving money to jail people - they will take you to hospital - where you can eat sleep study etc - dont flirt with the nurses .. remember dog :) .. they are there for service not for fun .. they are not 498a wifes )
consult a advocate before and after you do the thing .. and be carefull with the advocate .. he should not blackmail you .. plan everything ..

this route:

no need of divorce - no need to fear or running behind dogs -You dont have to waster n years, get into depression or watch your parents age out and die ..

and during murder case,its you vs police( who dont really care after chargesheet and who are overloaded represented by the Additional PP who is generally corrupt to the core) .. but during 498a its you vs pack of real big dirty dogs( represented by efficient lawyer who will take money from both sides)

P/s: my advice is not logically arranged, not properly worded, i just wrote what came to my mind, hey you are free to ignore it - you have n number of dear advocate friends to advice you -follow them - iam not pro/against anyone advice - i wont debate if anyone contradicts me (no time :( ) !! - Just remember (convict) Rathore is f***king abha rathore in AC room, while you are reading this :) !!

jmale (sdsd)     07 March 2010

sry for posting the message once again .. this post was my inspiration .. anyhow this posts consists more details .. result of Mr. Kaur's encouragement ! LoL :) !!


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