Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Lichborne (Other)     02 June 2014

Fight against false 498a

2 months before my wife filed 498a/406/325/34 IPC against me & my parents. I & my 62 years old father was arrested on the spot and police filed FIR on the same day. No arrest memo was given to me during arrest. My mother was not arrested. Lower court granted bail to my father on the next day. My mother surrendered to the court 2 days later and granted bail as well. I was taken to 14 days of judicial custody as per court's order. 

 

Right now I am out in interim bail. 2 weeks before my wife came to my house accompanied by IO and recovered her "Stridhan". One copy of the seizure list signed by her and IO was given to me.

 

I was married for 8 months only. The case was false. I never hit my wife even once. She wanted to throw out my parents from their house which I protested. 4 months before she tried to hit me with a steel rod and bit me in hand to cause medium injury. I did not provide any medical certificate but lodged a GD.

 

 

1) What should be my next step?

2) How can i proof that all the aligations are false and win this case?

3) How do I get divorce?

4) How can I prevent any kind of alimony i.e interim or permanent?



Learning

 7 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     02 June 2014

Dear friend,

 

Conviction rate of 498A is 2% only. It is a big problem in India. It has became a money extorting business of some unscrupulous people only.

 

If you don't get out from 498A ASAP then you can't stop her. So your first job is - go to High Court and get the order of Speedy Trial and submit that judgement to the court where 498A is going on. Then file perjury on the same court were 498A is going on as a counter case.

 

After that you may again appear in High Court and prey for quashing if your case have merit.

 

Please follow my post for details in the link bellow: -

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U4yhHXbYVdg

1 Like

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     02 June 2014

1) What should be my next step?

 

Appear in High Court and go for Speedy Trial.


2) How can i proof that all the aligations are false and win this case?

 

File Perjury with all of your documentary evidence. File RTI also.

 

3) How do I get divorce?

 

After getting out of 498A complete file divorce with cruelty and desertion ground.

 

4) How can I prevent any kind of alimony i.e interim or permanent?

 

Never disclose your income details in the court. Always submit that you are jobless. If you are a private then change the job and  show yourself jobless and begger. Change your address so that they can not send you any letter of 125 CrPC or DV. Your parent can stay there but ask them to refuse to take any court letter at your name only, saying that you don't stay there and they don't know where you stay. Never disclose anyone about your new address. File petition U/S 205 CrPC for exemption from personal appearance for 498A showing that you are looking for job.

 

Lastly, Be smart and handsome, look for another good unmarried girl and start live-in relationship at your new address until you get divorce.

 

Good Luck!

1 Like

Lichborne (Other)     02 June 2014

Thank you very much Sir. I have read your article as well. It is very informative. One more question, I am out in interim bail. How do I get confirmed bail?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     03 June 2014

1) What should be my next step?

Your next step should be to get the bail regularized, which should not be a problem now. Then wait for the Chargesheet. Remain patient, the court procedures are time consuming.

 

2) How can i proof that all the aligations are false and win this case?

You don't have to prove that her allegations are false, it is her case and she has to prove that the allegations are true. Secondly be clear that you can only defend this case, not win this case.

 

3) How do I get divorce?

If you want divorce, you should file the same. Chances are that the courts would pressurize both parties to come to an amicable settlement.

 

4) How can I prevent any kind of alimony i.e interim or permanent?

Tough Question, no one can guarantee that.
 
Please also remember that in contested cases the conviction rate of 498a is more than 20%, which is very high when you compare the same with the average conviction rate of IPC. Less than 2% conviction rate is brought from no. of cases filed to no. of convictions. Which does not take into account that over 90% cases get settled and does not reach conviction/ acquittal stage.
 
Also till the chargesheet is filed, it would be futile to go to High Court and ask for speedy trial.
 
 
Regards,
 
Shonee Kapoor

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

ANAMIKA VICHARE (LAWYER)     03 June 2014

you better file divorce petn on the ground of crue.lty after 1 yr passage of yr marriage and fight 498A case

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     16 July 2014

Speedy Trial Petition is attached bellow: -


Attached File : 764562837 samplepetition4speedytrial.docx downloaded: 156 times

KISHAN DUTT KALASKAR (Advocate)     17 March 2018

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.

 

With regards,

Legal Expert


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register