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Karan (Engineer)     06 December 2013

Urgent dvise required 498a

Hi Experts,

My wife decerted me 4 months ago due to various diputes between us & we bothes were unhappy with each other. she wants complete control over me including financial & I can not raise any issue on her lifestyle. Living together for 6 years was untolerable for me. Finally she decided to stay with her parents & did not joined me in the train when I was coming to my work location. after 4 months of that day I am receiving notice mentioning false allegation against me, sister & parents (brother & bhabhi excluded) on dowry. Yesterday my parents got a call from Police that my in laws have given application on this matter to them & police were asking my parents & sister to come down to that town for giving statement. I am suspecting that if after taking statement they won't get decision in their favour than security of my parents will be an issue. Pls suggest.



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 6 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     06 December 2013

Dear Karan if the police call your family mambers based upon the complaint filed by your wife before CAW cell then no need to worry appear before the cell and try to get copy of complaint, or file an application under RTI and get the same, after that submit your written reply on that.. feel free to call

Laxmi Kant Joshi (Advocate )     06 December 2013

1. karan first of all i suggest you to set aside your ego and think wisely , try to solve your problem amicably with your wife there is no use to make litigation It will spoil so many precious years of your life . the issue you had raised is not a such big one not to face by yourself , solve It tactfully , if think difficulty take help of your near and dear ones or relatives from both the sides . 2 if you don't listen anyone because you both are fade up from each other and don't want to cohabit then talk to your wife and make her ready and then filed jointly mutual concent divorce and get rid from each other . 3. Police had called your family members as your wife had filed dowery harassment case upon you and them , The police will take your statement and try to mediate to solve the problem if they solved the problem they will leave you after giving warning and also their advice , if they failed they intimate you that now they are going to file fir against you all , then you have to take AB from high court for all members , and then fight the case on their merits .
1 Like

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     06 December 2013

Dear Karan if the police call your family mambers based upon the complaint filed by your wife before CAW cell then no need to worry appear before the cell and try to get copy of complaint, or file an application under RTI and get the same, after that submit your written reply on that.. feel free to call

tsrsharma (admin officer)     06 December 2013

Hi, advocates,

my brother wife filed 498A 5years back till now it is still going on  along with that he is paying monthly amount  to her . I heard if she is educated   then there is no need to pay the amount monthly please advise. 

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     06 December 2013

 when the complainant is an able bodied person having capacity to earn and has actually been earning in the past is not entitled to receive any maintenance.


(Guest)

Dear Karan,

 

This is the Indian Judicial system and there are many loopholes in this and its like a rocket science for the common man to understand the intricacies of law. So try to exploit as much as you can if your wife is filing a false case against you and your family then do not give any mercy to them. You should also fight back and retaliate. Defending is not so easy in cases as all burden of proof will be upon you. Try to implicate them also in false cases. Have you ever heard these type of cases in any ministers family or police personnels families. Its a tussel between two families who will knock down the other. 

In mine view lodge a SC/ST case with the help of some SC/ST in this way whole of in-laws will get arrested immediately as well SC/ST person will also get handsome amount after FIR .


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