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Velocity   27 April 2019

498a & divorce filed by wife

Hi All,

My father filed writ petition in the Hyderabad high court to register a complaint against my in-laws as they were harassing my parents to pay them 48 lakh rupees as settlement after my wife left me. Lawyer made a mistake to mention in the writ petition that they gave us 14.5 lakhs to purchase car and furniture, instead of mentioning the money was give to my wife by her father but not to me. And that money was not given to me by her.

After which my wife filed a false 498a complaint in Hyderabad against me and alleged that they have given us 35 lakh rupees. While she claimed that they gave 30 lakh rupees in the divorce petition filed by her after 498a. 
These are conflicting amounts in her own 498a case and divorce petition.

Now, I would like to know:

1. How can I prevent the opp party from using our writ petition to claim and make us pay to them the 14.5 lakhs mistakenly mentioned by our previous lawyer as given to me?
2. Do we need to mention that it was lawyer's mistake or should we just mention that as a gift to me? In the case of gift to me (to prevent losing our credibility in the court), do I need to return it when I claim it as a gift to me?
3. How can I use the contradicting amounts mentioned in her 498a and divorce petitions in my favor?

Many thanks for your advice.


 5 Replies

Dr J C Vashista (Advocate)     28 April 2019

You have already engaged an able, competent and intelligent lawyer for proceeding/contesting your case(s), seek his/ her opinion/ advise.

However, if you are keen to have second opinion/ advise consult a local prudent lawyer with relevant case file and other documents for better appreciation, guidance and proceeding.

P. Venu (Advocate)     28 April 2019

Writ Petition - who are the respondents? What are the reliefs sought?

Velocity   28 April 2019

My father filed a police complaint before filing the writ petition, this wasn't registered by the police due to political influence of my father in law. Which is why mt father filed the writ petition to get the complaint registered, respondents - police SI, CI, higher officials, wife and her family.

P. Venu (Advocate)     28 April 2019

It is impossible that a lawyer could be blamed for a mistake of fact. Try to work out an amicable solution.

SOLOMON.RAJ (advocate/director)     29 April 2019

Dear Queriest

Your case has become complicated and you need to deal with the legal technicalities and merits of your case meticulously for which you need a wise Lawyer to defend your matters.

Adv. Solomon Raj,
Attorney at Law,
Bharat Gaurav samman awardee 14
AICC National Legal Chairman.

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