bz (engr) 23 September 2010

498A Second Time ?

I am working in Bangalore and married on December 2009 in West Bengal. After a two months stay at Bangalore, when my marriage got broken, my wife has filed false cases of IPC 498A,307,323,379,34 DP act 3&4 against all of our family members in West Bengal at her hometown.( Although we never stayed there, she stated false incident of Attempt ot Murder IPC 307 and Theft IPC 34 at her place). There is also CrPC 125 against me.

We all have got Anticipatory Bail from High Court as well as Regular Bail from District Court.

Police has submitted charge sheet without a single investigation in all cases except IPC 307 and 34. The case has not been started yet for hearing. She does not stay with me anymore.

Q1) Is there any possibility that she might again do a false 498A, or 307(attempt to murder) stating false incidence just to harass us again for getting bail (The trial would definitely need evidence) ? Can a fresh 498A be filed whether another one is pending in court ?

Q2) I definitely do not want her back, my lawyer advised me to file Divorce case in December 2010 just to avoid the above situation. Would that be a suicidal step for me ? Because, she might argue in court that for giving divorce only we harassed her.

Would be grateful, if anyone can suggest in this open forum.

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4 Replies

Siv (engineer) 23 September 2010

Hi,

Please call Cheeda and get immeditae help. He was also suffered like you. Do it immediate. His number I ma sending you in private messenger (PM) ...else you send your number to me.

If you never visited wife place and if se filed 307 then I am sure that I can save you and aslo I can make your wife suffer for false complaint.

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Radhakrishnan (BPO) 23 September 2010

It was just an embrrassing situation for you at this moment. I am just wondering that your wife had filed all the sections on you which i guess she had a more cruelity nature or due to the influence of her father's idea may be. I have two options for you:

Option-1 : Talk to her relatives / wife and try to convince her. Because while you are applying for divorce the first stage in the court is you have to appear for an counselling. So to avoid the lawyer fees this is the best way of it. Normally some of the lawyers may charge you more so be careful on it.

Option -2 :

File a divorce case under the section 13 and try to collect the records as much as possible. say for an example voice files, paper documents etc.

But to my knowledge, there is no possibility of filling 498A again by the same person (wife) to you. Because the written documents speaks up in the police station. If possible try to collect the complaint copy given by your wife at the police station.

You no need to think on sucide. Men are born for to live happily. Nobody knows on tomorrow so live happy for day to day life.

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Raja (XYZ) 23 September 2010

The sections 498A,307,323,379,34 etc. already imposed and your case is under trial - I suppose. So, at this junction of time, She cannot file same Complain again You.

Now, to compete the case, according to the case merit, you have to proceed, in association with your lawyer. Since, you have got Anticipatory Bail, I suppose, the matter is not hard enough and you need not to worry at all. You must not have solid ground, on which 498 framed. Otherwise, it was difficult to get Anticipatory Bail.

My advise is, to study the case properly and fight it. You have higher chances to win and then file defamation, etc.

Do not file Divorce now in any court. If may help Complainant. Wait. Time will come with this proposal to you automatically. Or if you both, change your mind to settle again - Good Too.

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Raja (XYZ) 24 September 2010

Of course, in your local police station, where you reside now, you can file an FIR with various complains to make them under pressure. If police is not accepting your complain, approach to your local court. Frame the complain with some sections like 34, 120, 191, 192, 196 etc. in one complain and 383, 441, 319, 350, 351, 307, etc. and 463 etc. in another. If you are in different state, other than WB where your case is under trial, and if you file such, they have to at least appear at your place, which will make them under problem first. Then to follow.