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misuse of 498a

Victim

I live in Australia and my wife only stayed with my parents for 3 months in India and as i did not obey her orders and give money to her parents she filed 498a/406 and many false charges against our entire family even allegations on my 80year old parents that they beat her burn her skin and my father tried to assault her and lot more.

She filed the charges almost after 1 year moving out to her parents home.Now my question is can one woman without fear file all false allegation and there is no proof for anything then how can even the police file FIR only by her words.

How can we prove all these are false as during trial its easy for her to say everything is true but does she really need any solid proof to prove all such allegations and can she get punished for such allegations ?

 
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legal advisor

defenitely she got to prove her allegations in the court.if its held by the court that her allegations against you in 498a are false then you can file divorce on her on grounds of cruelty.in that case she will not be entitled for any maintenance from you

 
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Victim

Thanx Saravanan for your response.

I live in Australia and its not a wise idea to go to India and fight the case as being an NRI i will be trapped and spend rest of my life in India only fighting the case.

 

I don't want to fight the case and let then declare me as PO or whatever but my question is without me fighting the case is it possible for my family including parents brothers and sisters to get out of all her false allegations.As i find this only a blackmail to put the entire family in the mess for issues between man and woman.

 
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You did not mentioned clearly where did she stayed for three months. whethere with you at Australia or in India.  Whethe she stayed with you saparatly  or with your parents  and family members including you in india. Whether the accomodation property belongs to your parents and it is self earned or hired by them or ancestral.

After getting maturity each individual can start to behave as different family unit. If you can establish that right from  your maturity age you were earning and living sapratly from your family members  50% of the danger from all your family members passes away. If your brother and sisters are leaving saparatly from your parents and you the danger from them goes nill. if you have hired or occupied saparate house nfrom your parents before she left to your in laws the danger over your parents is nill.  other wise you have to keep evidences ready that what ever she is claiming is wrong and fabricated.. Think over all the events which took place for conflict. there shall be many evidences proving and supporting innocence of yours. In India there are honest officers and people. Try to establish your innocence and now the policy for 498 mhave been changed. Even many of the supremecourt and highcourt case have held decisions  favouring . ahmedabad court as well Delihi highcourt have worned those ladies practicing misusing 498A you can surf on internet and hiring good advocate cna come out of the trouble.

 
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Lawyer at Supreme Court of India

Sir, If you are to sure that the allegations and false then why don't you go for quashing of the FIR from High Court .... Warm Regards Kapil Chandna Adv 9899011450
 
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Victim

Thanks once again for all your response

I am living in Australia for over 12years and after school i been living separately from my parents and not dependent on them .After marriage the girl did not allow me to touch her and we stayed together at my parents home for 10days and she was living with my parents and the house belongs to my parents and not a ancestral property.

Also none of by brothers or sisters ever lived for a single day with this woman but still she put all their name saying that everyone harassed her for dowry.

 

All her allegations are false and her only motive to pull my entire family into this is to put pressure and extort money and bring me to India.I will never go to India and the case cannot be quashed as the court also says that they first want me to be present there.I only want to know if there is way that all my family members be out of this and finally 498a run against me only or its possible for the court to blackmail and keep my entire family into this till i come to India ?

 
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@Puneet

I'm not an advocate but I would like to share some of my experience here with you. Please do not panic with your wife's false allegations. Most of the allegations against your parents and other siblings will not be taken in to account. In all probability, when the case is chargesheeted the names other than you would be removed. Be patient. Please appoint an able advocate who can defend your case and your absence.

 

Good luck... 

 
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Victim

@harrassed

Thanks for your response.

In the FIR she had put all kind of false allegations on our entire family and during the AB the judge said even if the son lives in Australia he will come if my family is put in Jail so it clearly shows that the entire system is a kind of blackmail and extortion.

Now when the family got AB except me but still i fear is will the police harass my family to bring me to India and even there is no evidence of any of her allegations will the police or her lawyer find some way to cancel the AB granted to my family to harass them to bring me there ?

 
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Manager

498a cases requires to deal tactfully at the initial stage.

 
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