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nizam shaikh (Salesman)     09 December 2016

498 case

My Wife has filed a false case against me. as now already to hearing has been finished but she didnt came to court we told judge that she has filed case against us but she is not coming to hearing so court issued notice against her to come in coming hearing which is on 22nd december. she had filed my whole family name as she was staying only 3 month to my house then she go back untill now not came back instead of that we called her many time but she filed case. i am afraid that what will hapen next and what should be next step. will it be problem to my family or i am on safe side.. i have bail my family or if she will not come in 3rd hearing then ill be in safe.. please answer becauze of this i am in mentally pressure as if now i am working dubai. please reply



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 11 Replies


(Guest)
Originally posted by : nizam shaikh
My Wife has filed a false case against me. as now already to hearing has been finished but she didnt came to court we told judge that she has filed case against us but she is not coming to hearing so court issued notice against her to come in coming hearing which is on 22nd december. she had filed my whole family name as she was staying only 3 month to my house then she go back untill now not came back instead of that we called her many time but she filed case. i am afraid that what will hapen next and what should be next step. will it be problem to my family or i am on safe side.. i have bail my family or if she will not come in 3rd hearing then ill be in safe.. please answer becauze of this i am in mentally pressure as if now i am working dubai. please reply

Best way forward is file counter 498a on wife and co.  

Arjun   10 December 2016

@helping hand Sir, I heard like, no counter in 498a as it is a criminal case. So please elaborate your suggestion to understand it better. Thanks, Arjun

Alok Motan (Advocate)     10 December 2016

498A used to be a serious offence till a decade ago. Now a days time has changed. After passing of many of the judgments by High Courts and Supreme Court, even Court knows that many of the females (wives) are misusing the law...Furthermore, the Courts have understood now and have started taking a lenient view at the first instance. 

As far as ur query is concerned, what I could understand from your questions is that your case is at initial stage and it is not at the stage of evidence of Prosecution. Your wife and witnesses have to lead evidence.

You have not mentioned the nature of allegations as alleged by your wife in her complaint. If the allegations are serious in nature, there could be a problem prima-facie, and even if allegations are not serious in nature, you still have to face the trial after all. Your wife has to prove the allegations which she has made in her complaint, if she fails to prove it, no problem at all would be faced by you. PREPARE YOURSELF MENTALLY, BE STRONG AND SUPPORT AND DEFEND YOURSELF & YOUR FAMILY.

As far as question of bail is concerned, again allegations of your wife, made in her complaint, have to be seen. But since in your case chargesheet has already been filed and your case in pending trial before the Court, you have to follow the procedure and have to apply for regular bail before the trial court. You just have to formally submit the bail-bond alongwith surety.

Moreover, even if your wife does not come forward in Court for her statement/evidence, It is your benifit only. You can take the advantage of the same. I know there would be harrassment to you but brother .....honestly.... you still have to face the trial and you have no other remedy, practically. You can prove your wife wrong, in your defence evidence.

ALL THE BEST....

nizam shaikh (Salesman)     10 December 2016

Mr. Alok Motan ... thanks you very much 98percnt i got answer in your reply ... sit i have all evidence against the allegation .. i can proof her wrong .... Sir can you please elaborate what kind of trail i have to face ?..... i have all the correct proofs. This will be 3rd hearing if she dosent come in this hearing also what will be disadvantages for me . this is amedation hearing ....

nizam shaikh (Salesman)     10 December 2016

Mr. Alok Motan ... thanks you very much 98percnt i got answer in your reply ... sit i have all evidence against the allegation .. i can proof her wrong .... Sir can you please elaborate what kind of trail i have to face ?..... i have all the correct proofs. This will be 3rd hearing if she dosent come in this hearing also what will be disadvantages for me . this is amedation hearing ....

nizam shaikh (Salesman)     10 December 2016

Mr. Alok Motan ... thanks you very much 98percnt i got answer in your reply ... sit i have all evidence against the allegation .. i can proof her wrong .... Sir can you please elaborate what kind of trail i have to face ?..... i have all the correct proofs. This will be 3rd hearing if she dosent come in this hearing also what will be disadvantages for me . this is amedation hearing .... i am in dubai so my father will be prensent in that hearing..

nizam shaikh (Salesman)     10 December 2016

Mr. Alok Motan ... thanks you very much 98percnt i got answer in your reply ... sit i have all evidence against the allegation .. i can proof her wrong .... Sir can you please elaborate what kind of trail i have to face ?..... i have all the correct proofs. This will be 3rd hearing if she dosent come in this hearing also what will be disadvantages for me . this is amedation hearing .... i am in dubai so my father will be prensent in that hearing..

nizam shaikh (Salesman)     10 December 2016

Mr. Alok Motan ... thanks you very much 98percnt i got answer in your reply ... sit i have all evidence against the allegation .. i can proof her wrong .... Sir can you please elaborate what kind of trail i have to face ?..... i have all the correct proofs. This will be 3rd hearing if she dosent come in this hearing also what will be disadvantages for me . this is amedation hearing .... i am in dubai so my father will be prensent in that hearing..

Sachin (N.A)     10 December 2016

Originally posted by : nizam shaikh
Mr. Alok Motan ... thanks you very much 98percnt i got answer in your reply ... sit i have all evidence against the allegation .. i can proof her wrong .... Sir can you please elaborate what kind of trail i have to face ?..... i have all the correct proofs. This will be 3rd hearing if she dosent come in this hearing also what will be disadvantages for me . this is amedation hearing .... i am in dubai so my father will be prensent in that hearing..

Dear quriest,

 

Responsibility to prove the allegations is on the prosecution, you need not to worry,

Firstly there will be the recording of statement of prosecution witness one by one Legally known as examination in chief . and court will grant you the opportunity to cross examin each of them.

After completion of examination in chief and cross examination of each prosecution witness(P.W)

Then court will grant you the opportunity to produce Defense witness or evidense (D.E)

So, it is very time consuming .

Don't worry !! Have patience!!

nizam shaikh (Salesman)     26 December 2016

Dear All. I heard that her father has filled false case of harresment so that i should get fierd from my job and go back toh india.. is ther is anything i can do from india to be in save side in dubai... please suggest something . now my job is in danger.

nizam shaikh (Salesman)     26 December 2016

3rd hearing her lawyer said that i shoukd be present in court hearing thats why her father wants me to go india anyhow may be he wants to kill or he want to be unemployed. with no income

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