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Ankit (Exec)     11 March 2013

Help with flase 498a case

Hi, myself Ankit from Delhi.

My marriage happened in September 2008 and since then wife has been trobling a lot. It was a love marriage and since mariage time have been troubled a lot by her, threatening to file false 498 case even though no dowry was given.. not even snigle rupee since was love marriage, dv case, commit suicide. She also hid medical truths from me and my family. In April 2009 we moved out of my parents and shifted to rented house for peace. Finally I got tired and filed a case of divorce in family court for which hearings are going on. After she came to know about the case she filed false case with CAW cell a month after my case and then FIR has been made by CAW after 6 months after case in Patiyala court.

Please guide me with the questions :

1. How to fight the false case since i did not take anything from her and hence there is nothing to give back to her. I have listened that bail is not allowed in 498 case. is it true ? but how can court arrest someone without conviction ? is it possible ? i have read bail takes 15 - 20 days and till then man stays in jail ?

2. I have listened about quashing of FIR ? What is that ? How to do that ? what requirement are there for that ? she has not filed any list of dowry things given by her nor any proof.

3. She has not given any proof to CAW cell or Police station or in court (Patiyala Court) even after judge telling her to. i have given all evidence in Patiyala court supporting my accuses on her. She hiding facts from court which I know about ... how to tell court ?

Please advice how to proceed.



Learning

 3 Replies

ashoksrivastava (scientist)     11 March 2013

Dear ankit immediately hire a competent lawyerof integrity skilled in handling 498a cases and apply for anticipatory bail . your lawyer need to forcefully argue that this case is a counterblast to your divorce case. Get certified copy of FIR and collect evidences based on fir. record all calls to her and also remember that she might also be recording. there are hundreds of fellow victims like you in this forum. may also get in touch with local SIF volunteers for help. YOU may need to go under ground in consultation with your lawyer . DO not let any of your family members get in touch with her or her family. You need to prevnt them from being named in this case. If required send some friend or non relative for any mediation. regards All the best ASHOK

Manish Udar (www.Mehnat.IN)     11 March 2013

Find a lawyer, it is high time.

www.mehnat.in

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     13 March 2013

You have been rightly advised. However, in P&H the husband may not get AB and may have to surrender.

 

 

 

Regards,

 

Shonee Kapoor

www.facebook.com/shoneekapoor 
Handphone: +91-8010850498
Email: harassed.by.498a@gmail.com

Yahoogroups: https://groups.yahoo.com/group/sahodar 

If you don't fight for what you want, don't cry for what you LOST.
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