498A - Few questions

Aman

first of all pls tell me which district/state you belong and from which district/state your belong. Where your wife has filed the case.

I am asking this question since in rural areas courts are prone to  influence by local pressures but this is not case in Urban or Big metros areas like mumbai, delhi  etc.

Mr Bechara............. layman advocacy 

Hi , At present i am in Pune . My parents are in Noida and my wife is in Yamunanagar haryana , where she filed the cases . I think lower courts are just for passing the time in India be it city/rural

Aman

You do the following things to reduce your suffering:

1. Ask your lawyer to get PERMANENT EXEMPTION from court for your parents. After getting it your parents need not to go to court. They shall be called only when required.

2. Do not go to court on every hearing. Ask your lawyer to get atleast 2 month date and skip one date and attend other . It shall give you alleast 3-4 month between the hearings.

3. File police complaint for illegally taking away your car by your wife. Your wife shall have to come to police station from Yamuna Nagar for enquiry. Manage the things ...........

4. Engage a local lawyer to manage the things since local lawyers know better the local courts practices

Mr Bechara..........layman advocacy

Pls take a AB from HC first & then think of filling any complaint against your wife. 

In case you want to get more harassed financially (police will ask for bribe from you also for filling any complaint), you can file complaint against her but pls beware, she can also file several cases against you.

Have you tried resolving this issue with her...

Well I know the counter cases are only going to increase the fight.. but points are

1. She has filed this case for money , greed - so she will def file more cases even if I don't

2. Until I put pressure on them , they are not going to talk to us in mutual terms . We tried speaking to her , but she only wants money that too in advance. So her intentions are very clear.

3. In her family , though they are with her , but nobody wants any involvement in cases or to come to court even , she comes alone. Now this is her weak point and I somehow want to hit her.

4. I have got this gift even I have not done anything wrong and I know in this country women are geting undue advantage when she is clearly more qualified than me and was earning a good amount of money.  So def somewhere I have to stand for this .

Aman

Initially you said  "I am in no mood for any compromise and ready to face the cases as I have not done anything wrong." and now you are saying "Until I put pressure on them , they are not going to talk to us in mutual terms"

Decide whether you are ready for Long term fight or a Mutual Settlement in a amicable manner?Once you get into this mode of Fillig & counter fillig cases, it just prolongs the case...At later stages , mutual settlement becomes tougher(is applicable on both the parties). you are saying, She's fighting alone, then she can react more strongly if her lawyer suggests so

Best way to resolve a matrimonial issue for both the parties is to settle amicably. every single day adds to the age. Ultimately it is mutual settlement. If you have come to conclusion that this marriage cannot be saved then mutual settlement is the best answer. Multiplying litigation neither helps wife nor the husband. Mediation is one remedy to break the impasse.The delay will harm you emotionally.

Well u know why in this type of cases , guy even when he is not guilty compromise just for his family , parents and law is drafted in this way for this reason. extortion tool.

Now I know time is most imp , but do u think , a greedy person can think  in this line. This is all for money.

Now if girl thinks that she can pressurize and ask for anything - lawyer whatever - what can a guy do , you caanot satisfy unsatiable greed. So it is better to fight . I want to put pressure so compromise happens at mutual term , not extortion.

I know cases will prolong only , but than which country allows its matrimonial issues to fall under criminal law and that too like us corrupt people. I know I have to fight and it will be a long battle for me . Is there any other option?

Hi Aman,

Need Clarity on few things

1) Were you paying her credit card bills? If yes, then this allegation is of some use.

2) Most imp Thing - Have you got your AB yet?

3)Lawyers never recommend girls side to approach for settlement. Want to get out of this mess, one of your family member may initiate settlement again . It might work..

4) After AB, you always have the option of going for further fight if nothing works

Well , 1. Credit card bills - no in a way , as though i was paying her bills - but she was transfering the money back to me as it was exp for her official petrol.

2. My AB is not yet , hearing is for tomorrow in HC.

3. I don't know if we can approach them again , as there is no body in there family to talk to ; though we have sent a message to her bro already.

4. Me ready for fight . Also i was paying all the EMIs for car which she took away and when i was not working ,she left me and enjoying life partying - I have her credit card stmnt as well as few photographs

Hi Aman,

1) If she has paid you through cheque, bank statements can prove  for credit card

2)  hearing status of AB today? Once your Ab is through, Things would be easier for you

3) Any update on settlement from Girl side?

4) Any kind of money exchanged  for car loan with  wife? Filling complain with police is preferred once you are through with AB

Yes Sir

1. She has transfered money online , so I can prove that. There are so many proves I have , but it will take long time I think to put it.

2. I got my AB and would be applying for regular bail soon.

3. No from girl side no body came for settlement ,as nobody bothers in her family. She comes to court alone even HC with her lawyer to create a false drama:)

4. She paid few of the EMIs (7-8) out of 60 as she was one who was used it for office etc. Even that she transfered to my bank acc sometimes only.

5. I am planning to make a conspiracy case, as she took my Car when I was not here , her mother came here and I have recordings where she threatned me about women centric laws in india, then she got my father's account statement (she was working in icici bank) somehow(as I was not working and she knew I don't have any money) and was telling everybody that my father has this much of money and they should not have any problem in paying her. Why should he pay , just coz he has an idiot son like me ?

Pl get the AB first, and then concentrate on the second case against your wife. Considering various demerits & misuse of Sec 498A, Government  has already tabled for final decisions the recommendation & amendments in this regard.