ChandraK.. (Sr executive) 15 March 2013

False 498a case against my family

Hello,

My brother got marriage on 5th March 2004 and he was with his wife till 21st April 2004 and after that he went to USA to join his Job. During that time his wife at my home and she left on 3rd May 2004 with her Mother, as she came and take her daughter just for few day. After that she ask to my brother to send money which he did for another 3 month of Rs.20,000/- per month. As my brother know her E-mail password and one day he open her E-mail and come to know she has lover and still love letter exchange is going on. So he ask and then disput started and he stop sending money. So in the month of Dec 2004 she file a case in family court against my brother and got court order where court direct my brother to send 50,000/- every month which my brother didn't do. and next year on Nov 2005 my brother came to India and File a application for divorce. OF which she denied of accept the divorce Notice which she refuse dated: 27th Dec 2005. On 5th Jan 2006 his wife put a 498a case on my brother, me, my family and my didi and jijaji with whom she never stay. As they are away 1500 K.M from us. Now 498a case going on and Aug 2012 she got married by taking X-party decision on her divorce which she file in her native which we never get to know and also not got any infomation to my bother who stay in USA. Now we have her marriage photo and all honeymoon photo's. In the 498a case we got Bail me, my mother and my didi and jijaji and which is going on since last 6 yrs only got date and date nothing happen till date.

Now when we ask for out of court settlement as she got marriage they first denied and now they are asking for Rs 50 Lakhs to settle 498 case. Now my query is will we do any counter case to her as till date we are fighting only 498a case and we don't put any case on them. How we over come from false 498a case. As you know 498a case is blindly favour of those ladies only. In 498a case the FIR which she did only say we are asking for dowrey. But here we can prove that if we ask for dowrey why we pay 20,000/- per month for another 3 months after she left our home. As we have bank transfer statement and other document for this. Please find the attached FIR report too.

Need you suggestion and Help.

Thanks in advance.

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7 Replies

Manish Udar (www.Mehnat.IN) 16 March 2013

This ex-parte divorce appears to be not correctly obtained. If your brother was not served notice, then how could he have contested the case? Did she misguide the court where she filed for divorce by not providing the correct contact details of her husband? If so, then she may be liable to be sued for cheating and bigamy, punishable in total by more than 10 years in jail. So you have your counter suit. Your cause for action arose when you came to learn about her fraudulent (as per your version) action, so any unnecessary delay in taking remedial action may go against you.

Narcissistic Wives

ashoksrivastava (scientist) 16 March 2013

Dear bidhan time limit for setting aside exparte decree when notice was not served is 30 days from date of knowledge underorder9 rule no 13 so immediately file a petition for it. donot pay single rupee for settlement. after trial starts law is gender neutral she will have to prove the case beyond reasonable doubt regards ashok

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 16 March 2013

my friends are given correct advise. Do not delay to file counter statements.

ChandraK.. (Sr executive) 16 March 2013

Thanks a lot for you valueable suggestion and guidance to Mr. Manish Udar, Mr. Ashok Srivastava and Adv. Rama chary.

I have one query as these exparte divorce was happen in Nagpur and we are staying in Pune. Will I file a petition in pune court or I need to go to nagpur court to do it. We come to know about this from our source whom he keep an eye with them. So officially till date we don't know.

Also what will be to conclution of 498a case? Anything we can do to 498a case. Your advice will be a great help to take further decision as we don't take any blindly decision, with which will be against us afterward and loosing money without any fruitfull result.

ashoksrivastava (scientist) 16 March 2013

You needto file a petition in same court which granted exparte divorce under order9 rule13 to set aside the order. collect evidences to prove your innocence especially in light of fir and statements given to IO by complainant and her witnesses under crpc161 after filing of CS(there will always be contradictions in fir and statements under 161 in false cases so read them crefully again and again). innocent man has no reason to worry about outcome of trial as its next to impossible to prove beyond reasonable doubt a false case. Of course you need to putup with trial of trial. all the best regards .ASHOK

ashoksrivastava (scientist) 16 March 2013

You needto file a petition in same court which granted exparte divorce under order9 rule13 to set aside the order. collect evidences to prove your innocence especially in light of fir and statements given to IO by complainant and her witnesses under crpc161 after filing of CS(there will always be contradictions in fir and statements under 161 in false cases so read them carefully again and again). innocent man has no reason to worry about outcome of trial as its next to impossible to prove beyond reasonable doubt a false case. Of course you need to putup with trial of trial. all the best regards .ASHOK