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help.me.with.divorce (manager)     07 November 2011

Can a 498a be rejected?

Can a 498a be rejected in any scenario or had it be been rejected ever?

If a wife is staying away from her husband for long with no contact like 7 months, can this be good for husband if a 498a is filed after a long gap of 7 months?



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 14 Replies

Sanjeev (Lawyer)     07 November 2011

living apart does not help 498A can be registered anytime. The police dont investigate before registering 498A specially as you said in your query before your wife is from UP. Its just basis the statements of wife and her parents that 498A is registered.

help.me.with.divorce (manager)     07 November 2011

@sanjeev - You means, my family has to go to jail, no way to avoid this 498a? :(

Sanjeev (Lawyer)     07 November 2011

firstly why are you expecting that 498A would be filed by your wifes family. People get jailed if they come to know all of a sudden when the police knocks the door. If you suspect that she may file 498A then try to check her moves through some local contact if they have filed any complaint against you in the nearest police station.

Has your communication with them stopped or were there any indications given by them for filing 498A. Normally the family members get bail same day. If they file a FIR then since Anticipatory bail is not available in UP so you need to apply to HC- Allahabad to Quash FIR though it wont quash FIR but would refer case to mediation and grant Interim bail orders which is otherwise hard to get if you directly approach the trial court.

 

Dont panic but prepare for your defense if such issues arise.

help.me.with.divorce (manager)     08 November 2011

@sanjeev - Thank you  for the information. The reason I m expecting is that my wife is has become  incoperative and is egoistic, so every husband or his family fear that a 498a is coming.... as its the only law where no prior investigation is done.

Alok Tholiya (self employed)     08 November 2011

Most people find faults in others. If u find she to be having ego then what. Why boys / boys side feel only they have / should have ego. God has made every person differently. Some man r bad so some women. Some man have ego and some women have ... so it goes on. Wist person has to balance his life as he/ she is walking a tight rope. You think she is wrongly having ego??? And even if yes then have u shed ur ego and try to improve situation or u have dictated ur terms??? U want only girl or her side shud change and shed their ego. 

There is still a time. She has waited for long 7 months and not taken the action available to her from day one. That speaks volumes. You have wasted 7 months and nither patched up or broken relations amicably. Shocking . 

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     08 November 2011

the limitation of the case is  based on punishment. it is not a defence to long gap to filed 498a.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     08 November 2011

7 months is nothing, the period of limitation is 3 years.

 

And anyways if delay is explained properly, the cause doesnot arise.

 

 

Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

rajiv_lodha (zz)     08 November 2011

Its a criminal case, delay will be against them definitely if they can not explain (shonee has said already).

But remember, this argument will come very late, when u will prepare for quash. All the initial harassment from cops will be guided by the number of GANDHIJI'S PHOTOS THE COPS GET. THEY ARE VERY MUCH IN LUV WITH THE BILLS BEARING THESE PHOTOS! :-)


(Guest)

y r u so afraid... jail is nothing but a walk... apply for anticipatory bail...  and also ask for police protection if you feel somebody is trying to attack you...

dv and  498a is a crime committed by an uneducated mp called renuka chodhry...

KAMLESH K DWIVEDI (BUSINESS/TAXATION CONSULTANTS)     08 November 2011

SANJEEV JI , for ur kind information now Anticipatory Bail is available in U.P. Allahabad High Court.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     08 November 2011

Kamlesh Ji,

 

AB is not available in UP. Allahabad HC grants only Stay on Arrest.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

help.me.with.divorce (manager)     10 November 2011

Has 498a ever got rejected in any case?

Shivaji Rao (worker)     10 November 2011

can in laws threatening with 498a be considered to prove husband's innocence? 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     11 November 2011

Has 498-a ever got rejected? AT WHAT STAGE? 

Can Threatening be enough to proce innocence? NO, IF THREATS WERE BECAUSE OF YOUR HARASSMENT....

 

 

 

Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

 


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