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Gautam (Engg)     31 December 2011

498a help

Dear all,
 I got married in April-2009 and having one babygirl of 1.5year old. My wife always
have querrel with me and used to go to her parent house. she is using abuse words to my parents. Her brother, father and Uncle had beaten me on March-2010, that time i filed divorce petition in family court. on Sept 2010 in counselling she told me that she will not do same mistake again, but she wanted to leave away from my parent house. because of my babygirl future I agreed.
But after 1 month she again started querrel with me, she asked me to shift to her parent house and leave my parents permanently.
I was not agreed. This was daily querrel its continued till December 2010. fineally she gon to her parent house

In last week she filed false 498a on me and my parents. she called me in police station and put a condition that
she will take back 498a case if i leave with her in my in-laws house. i was not agree and police put me in lockup, after 1 day i got intrim bail. but my parent still not got bail. they are not yet arrested.

I want to know what she can do next. she has not having any proof as it is false case. her streedhan is with me and i am ready to return it back but they are not comming to take it

What are the evidence required to proof 498a

Please help. Thanks in advance


 5 Replies

ritu sharma (lawyer)     31 December 2011

although it depends on practice of your area's courts,    your parents  bail could be claim on the ground of parity,  old age or they are going through any aliment.  and  submit before court that you are ready to return stridhan as per your admitted list.    

Lifeisgreat (None)     31 December 2011

your parents will get regular bail, however you may have to CO ORDINATE with police. Do not return streedhan. Let all procedure be through courts only.


Also do not focus on gathering evidences or expose your evidences or proving them wrong unless you have very effective evidences. Keep it to yourself. You will require all these once investigation is over.


Your first priority should be to get bail for your parents first and then for yourself.

Ratnesh kumar (Advocate)     31 December 2011

gautam , first of all my suggestion to u is to file a anticiapatory bail of your parents before session court and put the paper of your earlier divoerce petition i am sure they will get ant. bail and than file quashing in high court of this case.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     31 December 2011

Ratnesh is right, first seek AB/ Stay on arrest for your parents.


Then get your bail confirmed.


Rest of the story would pan out later.


Shonee Kapoor

A Manoranjan Patnaik (Lawers & Advocates)     01 January 2012

I too agree with Mr.Ratnesh and Shonee.


A.Manoranjan Patnaik

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