Puneet (Victim) 04 April 2015

498a defamation dilemma

My wife filed 498a,406,34 and all other sections on me and my entire family and my family got AB.Now we want to fight the case and later go for defamation and punish for all the false allegations made against us.

Now the dilemma is i am still in Australia and don't have AB and everyone even our lawyers suggesting that its only waste of time to fight the case and we should go for settlement and pay whatever the girl ask because being a state case she gets a free public lawyer and we have to run around courts and keep paying to the lawyers which at the end will be more than we pay to my wife and case may take 10 or 20 years and she can even get married while 498a running against us.

Please give your advice and suggestions.

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4 Replies

sandykrish (Interested in Family LAW) 04 April 2015

Yes your lawyer is correct and wrong too. Why correct because the 498A case would take approximately 5-6 yrs to get the judgment. He is wrong as he is interested in settlement coz as he can dispose the case ASAP. Now coming to your question.what should I do, contest the case let them come to the point for negotiation you will have the upper hand. It might be tough in the beginning but ultimately you will have bargaining power.

saravanan s (legal advisor) 04 April 2015

agreeing with mr sandy

SAINATH DEVALLA (LEGAL CONSULTANT) 05 April 2015

Yes Sandy is right

T. Kalaiselvan, Advocate (Advocate) 09 April 2015

I think you have been wrongly guided by your advocate. It is incorrect to say that the 498a case will take 10 to 20 years. Settlement is what?, Once the case has come for trial, it cannot be withdrawn by the defacto complainant because the offence is non compoundable so do not be under any wrong notion. Your lawyer may be having a vested interest in the settlement process, if so, change the lawyer immediately and engage a lawyer who is well versed with such issues.