J.KHAN 17 April 2017

False dowry case against me & my brother

Dear Sir ,

My wife went to her home by her choice with my 3 yrs old son.Our relation was not good .There was ups and down at that time .After 2 yrs we went to muslim imarat sharia for compromise & so that we can talk with them but from opposite party no one is interested to talk and finally that was in vain . I sent her talak nama from court and after that they filed 498 & MAINTENINCE CASE againgst me and my brother .

CASE is in Ranchi court in Jharkhand & now in mediation .We also filed case against them .

Its been more than 3 yrs we are not together & we do not have any communication .We got married in 2004 & its been 13 yrs of our marriage .I also planned not to continue this marriage .

My son is with her only .. & she will take care of him in future .

Can i go for 2nd marriage as per muslim law & how to move forward in 498 case & maintenance .Should i go for one time settelment , Please suggest .

Regards ,

J KHAN.

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5 Replies

saravanan s (legal advisor) 17 April 2017

yes you can proceed for second marriage.its always better to go for one time settlement and also try to convince your wife to withdraw her 498a complaint

1 Like

Kunuthur Srinivasa Reddy 17 April 2017

In order not to make the innocent child to suffer for no fault of him, please file a petition for joint parenting. It is cruel to disown your son and not to take care of his holistic growth and development. You bear his expenses directly without paying for his maintenance. If you are sure that, 498a is a false case implanted on you, I suggest you to fight to finiish in the Court itself. Otherwise, the complainant would demand unreasonable and unjustified quantum of alimony which would be far beyond the amount to be fixed by the Court itself. You need to engage a faithful lawyer who does not matchfix with the opponent lawyer. Goodl luck.

1 Like

Rajiv kumar (abc) 17 April 2017

since you had sent a talak nama first before 498a case , so 498a should be null and void. you should have moved to high court for quashing of 498a on this ground however it is too late to go appeal for same

you should apply " speedy trial application" as it is already too much time passed. A confident lawyer is the key for your success , who may not fix the game. if the court denies speedy trial then you can move to supreme court for quashing of entire process.