VIJAY 06 January 2016

498a and dv cases at different places (states)

Hello Experts and other members,

I got married via matrimonial site and my marrigage has ran into issues within just 3 months. The girl's side are very vocal and have big mouth. They have the attitude to control and rule everyone. The girl's father is just like a rubber stamp.

Demanding the ouster of my mother and young sister from the house, she threatened 498a case. She and her mother forced us to police station many times demanding 25 lakhs to break the marriage and eventually filed 498a alleging that we took dowry and also harrased for further dowry for not agreeing to their demands. I have not taken a single penny and the marriage expense was mine.

That was first time I personally experienced police brutality and one sided investigation and all the time they just expected money. The SC guidelines on how to deal 498a cases is utter waste as ground reality is totally different. The police know how to bend the laws and guidelines for money.

She has filed 498a (3&4) in Bangalore and after great difficulty got the bail and were ready to fight the case. After 5 months she filed maintenance and DV cases at her place in Tamil Nadu which is 450 Kms from Bangalore demanding huge monthly maintenance and Rs.25 lakhs for DV and permanant maintenance as well. Seperate DV cases have been filed on me and my family members.

They have mentioned so much lies and even stated that I asked money to fight elections. There are a lot of contradictions in 498a and DV cases. They know very well that of they file DV cases in Bangalore they'll be exposed in the court.

I'm not able to bear the frustration and the amount of money that I have to spend on these false cases. I don't have to tell you how India works right from Police station to the top most level.

Soon after I got the court notice from TN, I immedtiately filed a stay and transfer petition in the Supreme Court and my petition has been accepted. The court in TN has agreed to wait till SC decides on the STAY.

My concerns are:

1. How can courts entertain DV case which is a criminal case away from the place of the actual so called incidents.

2. How are the responents going to prove their innocence

3. If a girl files for maintenance, Is it a given that I should provide interim and permanent maintenance especially if she is from wealthy family and previously working

4. What are the factors that the court considers before deciding maintence to her. Does it look at my existing loans and expenses that I'm having for fighting all these cases

5. What are the chances of getting a transfer from the SC from her place to Bangalore especially when she has filed a 498a in Bangalore

7. Is there a chance wherein the SC can quash the 498a after looking at so many contradictions.

Please provide your valuable advices and suggestions.

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6 Replies

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Originally posted by : VIJAY

Hello Experts and other members,

I got married via matrimonial site and my marrigage has ran into issues within just 3 months. The girl's side are very vocal and have big mouth. They have the attitude to control and rule everyone. The girl's father is just like a rubber stamp.

Demanding the ouster of my mother and young sister from the house, she threatened 498a case. She and her mother forced us to police station many times demanding 25 lakhs to break the marriage and eventually filed 498a alleging that we took dowry and also harrased for further dowry for not agreeing to their demands. I have not taken a single penny and the marriage expense was mine.

That was first time I personally experienced police brutality and one sided investigation and all the time they just expected money. The SC guidelines on how to deal 498a cases is utter waste as ground reality is totally different. The police know how to bend the laws and guidelines for money.

She has filed 498a (3&4) in Bangalore and after great difficulty got the bail and were ready to fight the case. After 5 months she filed maintenance and DV cases at her place in Tamil Nadu which is 450 Kms from Bangalore demanding huge monthly maintenance and Rs.25 lakhs for DV and permanant maintenance as well. Seperate DV cases have been filed on me and my family members.

They have mentioned so much lies and even stated that I asked money to fight elections. There are a lot of contradictions in 498a and DV cases. They know very well that of they file DV cases in Bangalore they'll be exposed in the court.

I'm not able to bear the frustration and the amount of money that I have to spend on these false cases. I don't have to tell you how India works right from Police station to the top most level.

Soon after I got the court notice from TN, I immedtiately filed a stay and transfer petition in the Supreme Court and my petition has been accepted. The court in TN has agreed to wait till SC decides on the STAY.

My concerns are:

1. How can courts entertain DV case which is a criminal case away from the place of the actual so called incidents.
That is the sad part and the real fact that women can give any application and they will accept it and the matter will be looked into and then decided upon even if wife has filed 498a in one place and DV in another and maintenance case in a totally different city. It has been made only to harass you thats all. If you have the time and the patience and the money to run around all three places then based on merits of cases you can come out of them.

2. How are the responents going to prove their innocence
Based on merits of case you need to prove your innocence.

3. If a girl files for maintenance, Is it a given that I should provide interim and permanent maintenance especially if she is from wealthy family and previously working
Interim maintenance is awarded only for interim relief and such lasts only till the cases last, it is not permannent in nature and you have to provide your income and loss statement or the IT returns for court to analyse your income and upon which order 1/3rd as IA or interim alimony. Her family status does not come into picture, but if she is educated and earning you can prove to court that she can earn her own livelihood, you have to summon her employer to court and get details of her salary via her employer.

4. What are the factors that the court considers before deciding maintence to her. Does it look at my existing loans and expenses that I'm having for fighting all these cases
File your IT returns and it be easy for court to come to a figure of maintneance.

5. What are the chances of getting a transfer from the SC from her place to Bangalore especially when she has filed a 498a in Bangalore
This is astrological question, which cannot be answered.

6. Will SC show so much sympathy to women even if the cases are contradicting and full of sh*tty lies. Is there a chance that 498a also might get transferred to her place just because she is a woman and play the sympathy and sentiment card
There is a very big chance of it, Indian law is for women and only women, in the name of empowering and giving justice to woman, all men are literally screwed day in and out.

7. Is there a chance wherein the SC can quash the 498a after looking at so many contradictions.
Depending on merirts of case SC might quash the 498a, but nothing can be said in perfectoin.

Please provide your valuable advices and suggestions.

Though each case can be handled with help of good lawyer here thing to be noted is it takes lot of time to get over with cases, usually 10-12 years. Money can be earned but not time. It is better to throw money and get rid of this headache marriage by taking mutual divorce than to keep feeding some lawyer for next 10-12 years.

Anyway you are more than intelilgent to weigh your options, I wish you good luck with the cases and your future life.

Vicky (Engg) 06 January 2016

i request go ahead with quashing of 498a & dv case on family members with good counsel. also to come out of this quickly file counter cases immediately on your father-inlaw, spouse, & their family members separetly. u will see the results immediately...

Dharmendra (Analyst) 08 January 2016

Nice advice from Vicky.

A lie does not have any existance neither it can be proved.

Be confident and file counter case against them.

Vijay Raj Mahajan (Advocate) 14 January 2016

The Supreme Court will suggest you both to go in for mediation centre in the Supreme Court itself for settlement of the matrimonial dispute amicably. If there is demand of Rs25 Lakhs by the wife, you put forward your terms and amount that is agreable for finalising the matter by mutual divorce and quashing of all the criminal complaints lodged against you by your wife.

This the best way to get rid of the whole issue amicably rather indulging in number of cases/complaints against each other. The local lawyers in your two States are more intrested in making their own professional fees and will be just guiding both of you in wrong directions.

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com) 14 January 2016

Supreme court is busy court so it does not go in details.And as suggested by Mr Mahahan that the matter will be sent to mediation. But do not expect much out of it.

You should have raised some issues at lower court and could have gone in revision at lower levels thus exhusting the other side.

whatever citations you read comes after issues are raised at lower court.

Instead of spending money at SC or HC fight properly at lower court and you can come out of all such cases easily.

And you are telling why this or that happens. The course of law is settled and defined. First mover gets the agvantage.

1 Like

VIJAY 19 April 2016

I filed for case transfer from TN to Karnataka but I'm really disappointed by how much time it has taken and the petition has hardly moved.

Is there any written law or constitutional rule that whatever women asks should be granted without any questions.

I thought the date manipulations for cases and giving un-necessary time extension to women respondents is not applicable to the Supreme Court but I have been proved false. All the courts are the same.

I filed for a transfer petition of cases against my wife from TN to Karnataka and the Registry gave her time for almost a year to file her reply for no reason and she didn't file her response after this time and once the date was set for the case to appear before the Hon.Judges after filing urgent petition it was again changed without any reason and postponed for another three months for no reason.

From grass level to the APEX court I see full corruption and malpractices. This country is for the rich and the corrupted, the common man will never get justice here.

For a simple transfer petition my wife has been successful to drag the case for more than a year without even filing any response in SC and the registry has helped her very much and still no sight of any positive feed back from the SC.

Hope I can complain this to the JUDGES committee (if there is one) but it'll be considered as influencing the case and I doubt that will make any difference.

This guy Somnath Bharti, an MLA from ruling AAP went absconding when his wife filed just DV case and he came to the Police station with a fat constitution book in his hand. These politicians should understand the state of people on whom more severe cases such as 498a are filed.