Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Die Hard (business)     18 September 2014

Blackmail to give divorce on impotency ground using 498a

Dear friends,

Long story short. Marriage is 5 month long (only we stayed 3 months together and 2 months separated). Wife and in-laws wanted to control me and doesnt want to send wife to US. My wife has psychological issues and she always dance to her father's tunes and was creating money/jewel related problems and placed false blames on me and my parents. Wife filed a false dowry complaint in AWPS; IO enquired the facts and found wife was lying. IO DID NOT FILE FIR. Both were referred to counselling. In the counselling center, she made a fresh allegation that I have no interest in Sex and claimed im Impotent. I denied the s*x allegation and agreed to go for Potency test. My bad luck, i found out i have low sperm count (i never knew i have this problem until that time) and the doctor said there is very little chance of normal pregnancy with that count level. I didnt want to cooperate for further counselling. My Father-in-law got that report with low sperm count of mine without my consent. Counselling officer gave a negative report for me since i did not cooperate. Then the case was referred back to IO. IO then asked me to appear for an enquiry in DCP office. I explained why i did not cooperate saying that the s*xual allegation was false. DC convinced me to go and take the potency test as my wife said she will come and live with me if i agree to take test. I took the test and the result was favourable to me and proved I'm Potent. 

Then, Wife moved to High court and filed a CRLOP against DCP to register a complaint against me. That case got refered to mediation. Now, wife takes a new stand saying she is not willing to live with me. She is not agreeing for mutual divorce either. She is asking me to accept the impotency allegation or she is threatening me that she will file divorce on impotency ground and asking me to contest. Clearly she wants to harass me and inviting me for the battle instead of me focusing on my career in US. I lost my job due to her and pissed off now. All Police officials are supporting me. My father-in-law has influence in high court and he is misguiding my wife which is the reason why he wants to deal everything in court.

This is second marriage for both that's why she is forcing me to accept impotency allegation to make the marriage null and void using 498a so that she can come out clean. she is in touch with my ex and actively collecting fake evidences from my previous marriage. What should i do now?

 

Can I file Criminal defamation now on wife and in-laws and plead to register FIR on this gang and later divorce on cruelty ground? what is the best strategy?

 

My father-in-law (he is a rogue with political influence which i found out after marriage) literally blackmailed me to accept the false allegation (eventhough i proved) - if in case i failed to accept he will press the 498a charge (FIR not filed yet) - I need to teach this b*st*rd and his daughter a lesson.. My advocate says whatever discussed in mediation hall stays there my wife did not say she doesnt want to live with me anywhere in written form, we cant use the threats FIL made in mediation room as whatever happened in mediation room need to be secret -  Is this true?? 



Learning

 5 Replies

Madan Mohan Pandey (District and High court advocate)     18 September 2014

First, in case you are apprehended that a false case can be lodged againsta you , go for a anticipatory bail, then try to talk to your wife, mother in law and father in law and get the call recorded in mobile where they warn you to harress . Try to prove that the impotency test is wrong by getting it done to  another clilic and simultaneously go for  effective medical treatmet also. Do all the above and in the menatime show us that you are trying to convince the wife . Try to mediate the matter through a relative in laws who has a good grip over them and who talks in a good faith for you. 

 There are no secrets in mediation and threats are not on records and court has to see if mediation was successful or not, none of others matter.No FIR is made when threats are given  while mediation it is just a attempt by the court to reconsile you. Do not get worried. face the trial and you will be able to get rid of her.

SatCool (NA)     18 September 2014

Respected Lawyers,

Just to keep it short. I was arrested & kept in central jail warangal for 4 days without any investigation done on March 2014 due to false 498-A-IPC,506-IPC,3-DPA,4-DPA cases & I'm on bail. I'm from Bangalore & the fraud lady who filed the case was from Warangal & she filed her case over there. I had applied for Quash on grounds below in high court of Hyderabad.

 

A.   The allegations made in the report even if they are taken at the face value and consider that in their entirety. Do not make out the prima face case against the petitioners.

B.   The allegation against petitioners are omnibus in nature and on this very ground alone the prosecutions of the petitioners are liable to be quashed

C.   In as much as it is the specific case of the second respondent that the entire incident referred to them took place at Bangalore, the women police station Warangal rural is divested of territorial jurisdiction to entertain and registered the crime in questions.

D.  All the witnesses sighted in the report are interested and relatives to the   2nd respondent.

E.   There has been inordinate and unexplained delay in initiating the prosecutions.

F.   In all other grounds urged at the time of final hearing.

 

The case is still under pending in high court. The 498a fraud has applied for RCR in family court Warangal & I have received a summon last week stating that I should appear in the court next month 07/10/2014.

 

Request someone to kindly advice on this RCR.




1. Is it mandatory that I should appear in the family court for RCR?

2.I need to travel 10000 KMS all court hearings.How can I avoid this.

3. I have no plans of compromising with that fraud 498a & I can prove myself that I haven't taken any dowry so wanted to know what precautions & steps I should take to handle the RCR.




Thanks in advance.

Vijay Kumar (Advocate)     19 September 2014

Sh. Pandey Ji, Test result of Die Hard is positive. So he does not need another test.

T. Kalaiselvan, Advocate (Advocate)     26 September 2014

@Die Hard:  the cases she has filed or lodged against you are of the similar nature to that of the present day educated females use it as a weapon to avenge their counterpart who do not act as per their wishes and fancies.  Your wife who is already a divorcee, having experience in first marriage divorce, adopting the same strategy, the one used in the previous occasion.  This is another case of gross misuse of law enacted to protect the  rights of genuine women in our country.  As far as the evidences in your possession favor you, better be firm and courageous to face and challenge her false cases, be on continuous touch with your lawyer, if you suspect him to change sides, better opt for a better one immediately.

T. Kalaiselvan, Advocate (Advocate)     26 September 2014

@Satcool, you should use a separate thread to post your query and not to post in somebody's thread.  Since you have stated to have filed a quash petition, wait for the outcome and then decide, no doubt the evidences are favoring you, but the high courts generally do not quash the firs, instead will instruct for speedy trial.  As far as RCR is concerned, better engage a local advocate, ask him to follow it up during your absence, you donot have to attend the court on every hearing date.


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