Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Rajesh Kumar (Consultant)     16 October 2012

Need urgent help for ipc 498

Hi,
My wife has filed IPC 498 against me and my family 2 months back just because she didn't like my family. She wanted to stay with me alone separately. I refused. She called her brother saying that i had harassed and beaten her. Her brother stared abusing us and fully supported her like anything.
She also told fake stories to her family on phone and those cheap people started abusing me and my family on phone. This has happened many times before also.
She created a full drama in police station that day and filed a false complaint. Me and my family were taken to court and somehow got the bail.
Now, suddenly she wants to come back as she reminded that she is 5 months pregnant and her family members are threatening us via our relatives that my job is in danger and I would lose it if i don't take back her home again.
My wife and her Mother are saying that they are going to take some strict action against me and my family if I dont take her back to my home as she wants to stay with me. But problem here is that my wife and her family has a very strange and aggresive attitude, they call our relatives, abuse us, and tell threatening dialogs instead of talking politely. Her Nature is like.. event if she comes home back she would again create a big problem to all of us.
Please let me know what else and what max they can do to disturb us.
I am working in a reputed software company in Pune. I am afraid, please let me know if 498 could effect my private job and how can i get out of this problem?
Kindly suggest what should we do now...



Learning

 12 Replies

Tajobsindia (Senior Partner )     17 October 2012

1. 2/4th. worries are already over once you and your side are on Bail.
2. Suggested to take leave from office for a day or two and then calmly decide what you want out of 1-1/2  persons in your life. (first baby is due in about 4 months time remember that too while making an self informed decision!)

Once you have made up your mind like want to invite them back in matrimonial home or you want your freedom out of marital mess then only come back for legal guidance and not before that is my view.


Hint 1:
Once a son has been given decent education and taught to stand on his own two feets and is now making decent earnings coupled with he is also married off, it is right time for the son to start his own nest say living nearest to his parents dwelings and balancing HIS family with fading past generations which is what the wake-up call of S. 498a on a S/w engineer is all about now-a-days, rest you can toto reject my this insight.

Hint 2: Read last 200 replies under Criminal Law Forum + Family Law Forum if you are feeling bored on above suggested holidays when not able to make up mind !

1 Like

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     17 October 2012

Whether there is any chance to live together or not is entirely a personal decision. But right now may not be a good time to refuse to let her come, considering she is carrying a baby and the sympathy would be lined in her favour. With a positive mind, let her come and see if things improve with time. 

There is no great threat to your job by a 498a case, every second techie has faced, is facing or is about to face such a matter, provided anticipatory bail and other necessary remedies are availed at the correct stages. 

This is a ripe stage to send some protective intimations (wife doesn't get to know) by way of abundant caution and for use later if she decides to misuse. Read : bharatchugh.wordpress.com/2012/07/07/how-to-fight-a-false-498a-case-in-india-a-step-by-step-legal-strategy/


Bharat Chugh

Advocate Supreme Court of India

1 Like

SOUMITRA SEN (SR MANAGER)     17 October 2012

I am also from Pune.You have not told what is the current status of your case.If charges has been filed or not etc.498A is non-compoundable case under IPC.Under no circumstances take back your wife while the case is still there,inspite of the fact that she is Pregnant.Only H.C can make the case compoundable on the basis of your wife's clear/explicit written undertaking that she wants to reconcile and retracts all allegations.But to live conjugal life with a wife who has filed false 498A is extremely diffcult proposition,considering your information that her family is very abusive by nature.what is the guarantee that she will not file any case in future also.At the moment she can at most file additional cases under PWDVA,2005 act,file for u/s,125 Crpc case and Resitution of Conjugal Rights(RCR),but don't get emotional.Emotions and Legal case can not co-exist side by side.Take her back "only" if she gives unconditional apology in writing in the Court that she filed a "False case" and will behave properly in future.In that Scenario even if she files any case against you in future,the genuinness of her complaint will be doubted by Police/Court.Don't worry about Jobs.Everybody knows that U/S.498A is being grossly misused by women and even the DCP/ACP's Act very cautiously and carefully and there are S.C Judgements in the light of false cases.Police in Maharashtra is very careful when 498A cases are filed.Meet the ACP/DCP of your area.

1 Like

Rajesh Kumar (Consultant)     18 November 2012

Hi,

Please go through my above message. Now finally, considering all situations I have decided to give one more chance to my wife as she is pregnant also but what I expect from her in future is that she should behave properly, politely and give respect to everybody.

My wife and my in-laws are ready to take the complaint back. And my wife is ready to give anything is written.

Kindly let me know:

(1) What is the procedure now? Who need

s to follow up in court? Is my presence also required there for any reason/in any case?

(2) How long would it take and how much complex is it to withdraw the complaint?

(3) Can I get in written all possible contents from her that would help to probably maintain peaceful atmosphere at my home in future?

(4) My wife's elder brother who had created a drama that day stays in pune. And my in laws live in Aurangabad. I want to file a defamation case against them as unnecessarily they created all these issues due to their Short tempered behavior and insulted us as we were pulled into the court. Kindly let me know whether it is feasible to file such case after 498 is settled and what kind of punishment they will be getting in this defamation case? And how long will this case continue?

1 Like

SOUMITRA SEN (SR MANAGER)     18 November 2012

If you want to reconcile,then Pls get an undertaking from her and and all those who had given statement u/s.161 crpc that they had given "false statements" and implicated you ' falsely' and place that in the court.May be Magistrate Court will still refuse to entertain that in view of the Non -compoundable nature of u/s.498-A Ipc provision, but in that scenario you will have to approach the concerned  High Court and there it will surely get compounded(reconciled.).In that case you will be very safe.If you are reconciling,then better to bury the hatchet and live peacefully and not think of filing Defamation case at all and open up new fronts(but you can surely cut off from them).It may not be 'defamation case' that can stand legal scritiny  but may be "Malicious prosecution" case,as the requirement of 'defamation ' will be different.If you are forgiving then forgive fully and carry on with your normal Life.Don't waste your life in Court proceedings.It is tiring and is of no use.Indian Judical system is pathetically procrastinating and you will get Old by fighting cases.

1 Like

Rajesh Kumar (Consultant)     15 December 2012

Hi,

Firstly, Thanks for the above suggestions those are really very helpful...

As of now my wife and in-laws are in process of withdrawing the complaint. They went to police station asking status of the complaint and confirming whether charge sheet is filed or not.  To withdraw a case charge sheet must be filed to court as per my understanding so far.

But when my in-laws went to police station police staff said charge sheet has not yet been filed and it would take 3-4 months more for doing the same. But on District Court Maharashtra Website - https://court.mah.nic.in, I can find below details against my name:

Reg.Cri.Case: XXXXXX/2012

Filing date: XX-XX-XXXX

Registration date: XX-XX-XXXX

First Hearing Date: XX-XX-XXXX

Purpose of Hearing: Awaiting Summons

Does it mean that Charge sheet has been filed since “Reg.Cri.Case” is generated?

 If yes, can we go ahead for withdrawing the case now?

Is police lying about truth of charge-sheet status as they mentioned that it is not still done?

Please let me know…

SOUMITRA SEN (SR MANAGER)     15 December 2012

The Investigation officer(I.O.) is duty bound to hand over to you a copy of the chargesheet along with FIR copy and statements( if recorded )of witnesses u/s.161 of Crpc.If you think that the concerned I.O is playing dirty then immdiately file an RTI with the Concerned ACP,who  is generally the PIO for RTI and asking for all the documents of your case.It is very simple and just require a Rs.10 Judicial stamp (that you can get from any stamp vendor of from the Shivaji Nagar Court),I don't know your detailed address or contact info else could have helped you draft the same.It seems that Chargesheet has not yet been filed.The PIO will furnish you the required info within 30 days.if charges have been filed then you will have to file for discharge u/s.239 of Crpc(but once charges are filed very rarely the Magistrates dare to discharge u/s.239 of Crpc,)else you will have to move Hon'bl H.C u/s.482 of Crpc,at Hon'bl H.C you will surely get relief if your Spouse wants to reconcile and patch up.Hon'bl H.C.has the power and they frequently use that power.

Fred beionm (thank uoi)     01 April 2013


fred
I and my boyfriend were seriously in love for three years and we were planning to get marry but one day she came to my house and told me she was no longer interested in our relationship simply because she was dating another rich man who promise to buy her a car and to sponsor their wedding. And i suffer heartbreak for five months and i was not tired of loving him.One faithful day as i was browsing through the internet, i saw a testimony on how a spell caster helped some one name BROWN to get back his wife after two years of losing his wife because he was no longer having a job. Through this Email...templeoflove1@gmail.com So i sent an email to templeoflove1@gmail.com for help and surprisingly my boy friend came back with the help of the spell caster and was begging to come back. and now we are happily married. His Email.....templeoflove1@gmail.com.
 

John Mary (love)     10 August 2013

My name is JOHN MARY am from USA; I want to personally thank a great spell caster (Dr. Ofure) that helps me to bring back my lover in just two days. It was like dream in my eyes when i see my man comes back to me with the help of Dr. Ofure the great spell caster. I want to use the opportunity to tell the people on this site that Dr. Ofure is good man and very kind person being sent by God. So if you are in any relationship problem Dr. Ofure is available to help you he did mine so he can do yours no matter what the problem is Dr. Ofure is capable and as such i have contacted fake spell caster they all eat my money and tell me a lot of story but when i contacted Dr. Ofure he restored all that i have lost back to me. Here is his contact e-mail: spellcast5temple@yahoomail.com .OR CALL HIM THROUGH HIS MOBILE: +2348108978213

1 Like

jenifer (India)     29 August 2013

My ex-boy dumped me 4 months ago after I accused him of seeing another woman and insulting him.I want her back in my life but she refused to have any contact with me. She changed her line and email address. I was so confuse and don't know what to do. So I reach to the internet for help and I saw a testimonies of how a this powerful spell caster help them to get their ex back. So I contact the spell caster whose name is Dr trust and explain my problem to him and he cast a spell for me and assure me of 2days that my ex will return to me, and to my greatest surprise the Second day my ex came knocking at my door and i immediately pleaded and ask her to forgive me. I am so happy that my love is back again and not only that,i was awarded a contract of 5 Million Pound for 4 years. Once again thank you Dr trust,you are truly talented and gifted. Email: { UILTIMATESPELLCAST@GMAIL.COM }. He is the only answer. He can be of great help and I will not stop publishing his good work because people are still talking about him on the Internet and Radio Stations. His Phone number is +2348156885231.  : England  

Garuz Karla   11 May 2021

HOW I FOUND FAVOR IN THE HANDS OF Dr. Ken....

My name is Garuz Armstrong, and I am from the USA Washington. I have always promised to recommend you to the people out there who might also need your help, because finding your Email was the best thing that has ever happened to me, Dr. Ken you're the most considerate and compassionate man i have known. I was so down after being loveless for almost five years. I requested a reuniting love spell and amazingly it worked. I am happily living with the most lovely man alive and that is what I have been praying for. Thank you Dr. Ken would not be enough, considering what you have done for me so I decided to share this testimony of your hand work to the whole world to know about your good work for me. You can Contact this man for any relationship issues and he will also help you as well, via his Email: Drkenlovespell@gmail.com or call/whatsApp him on +1(201) 992-1012

Harrison Gab   21 April 2022

Hi guys, I don’t have much to say right now rather than to say thank you to Dr. Perfect for rescuing me and my family from poverty. I love playing the lottery but winning big is always the issue for me. I will never forget the day I came in contact with Dr. Perfect whose lottery spell made me a winner of $360,000,000 million dollars cash prize on the jackpot lottery game I played just by giving me sure winning numbers within 3 days to play the lottery game after he prepared the lottery spell for me. My financial status has changed for good and I’ve started to live my dream life after 14 years of playing the lottery. Thank you Dr. Perfect for I’m very grateful for all you’ve done for me and my family. You Can TELEGRAM Or Call Or Message Dr. Perfect via +1 (548) 457-0555 or Email: dr.perfectspellcast@gmail.com


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register