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kumar B Kumar (service)     06 December 2015

Dowry 498a fake case

Hi, I am living in noida. my wife file a fake case against me and my family. Now my case is in mediation center. My wife is living is with me in Ghaziabad. As per the order of mediation center. After that every time my wife take a new date. And said i will not close the case. Three dates have been passed. But she is living with me. Every time she demand items. And mediation center told me buy it. and full fill all the demand. My wife always threatening me that i will not take case back. and sab ko fasa dungi. So as i thought a lot we can not live togather like this. What should i do in this situation. Pls guide me. Some times i think about suside myself. 😢


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 11 Replies

saravanan s (legal advisor)     06 December 2015

Just tell her that you are prepared to face the case and the mediation centre also can't force you to follow their instructions.if you want to get seperated from her apply for judicial seperation 

saravanan s (legal advisor)     06 December 2015

And also if you can prove that her 498a allegations are false then that itself is a ground for divorce as filing false 498a amounts to cruelty

Rajiv Thakur   06 December 2015

Hi there First of all believe the fact that killing youself or somebody else wont solve the problem. U must understand the fact that position for cruelty under 498a is not similar to what it was in past. Courts/police are well aware of false cases. If you haven't committed any wrong u need not to worry. Secondly, be ready to face case. Court won't convict you without hearing you. Just start gathering proofs against your wife. You could record audio/vedio clips of her while she threatens you to fulfill her any unjustifiable demands....etc. Be patient. Good luck

Shreshta@ JA Beno AOR supreme (AOR supreme court of india )     07 December 2015

what is the status of mediation? Wether the mediation is for the bail application filed by you?Is there any divorse petetion or any other applications pending before the court for adjudication if the mediation process is prolonged by your wife it can be pressed by you to refer the metter back to court for proper justification provide me with the complete details.

kumar B Kumar (service)     07 December 2015

There is no divorse petetion. Actually one of my friend said to me just manage till the case back. After all they can not file the same case again. Now she is thinking if she will take the case back then her parents think that i will leave her. So finally i have decided i will go for court. She is not under standing. Or even her parents not understand. They all are spoil her life.

kumar B Kumar (service)     07 December 2015

There is no divorse petetion. Actually one of my friend said to me just manage till the case back. After all they can not file the same case again. Now she is thinking if she will take the case back then her parents think that i will leave her. So finally i have decided i will go for court. She is not under standing. Or even her parents not understand. They all are spoil her life.

kumar B Kumar (service)     07 December 2015

There is no divorse petetion. Actually one of my friend said to me just manage till the case back. After all they can not file the same case again. Now she is thinking if she will take the case back then her parents think that i will leave her. So finally i have decided i will go for court. She is not under standing. Or even her parents not understand. They all are spoil her life.

kumar B Kumar (service)     14 December 2015

Sir , i have finally decided that i cant live with my wife in her condition or as per her parents. Is there any rule in the constitution that i have to live force full. I dont have my personal life.i cant take Care of my parents ? FIR already on me and my family and matter is in mediation center. My wife is not taking the case back. So please guide me what is the worst case. Although i am paying house rent and all daily need expenditure like milk, fruits,vegitable, gas, etc. But after that i am not happy. Because this is force fully life. My wife shows attitude on me. As per the law i can not say anything. 😢 please help me sir.

kumar B Kumar (service)     14 December 2015

Sir , i have finally decided that i cant live with my wife in her condition or as per her parents. Is there any rule in the constitution that i have to live force full. I dont have my personal life.i cant take Care of my parents ? FIR already on me and my family and matter is in mediation center. My wife is not taking the case back. So please guide me what is the worst case. Although i am paying house rent and all daily need expenditure like milk, fruits,vegitable, gas, etc. But after that i am not happy. Because this is force fully life. My wife shows attitude on me. As per the law i can not say anything. 😢 please help me sir.

SOLOMON.RAJ (advocate/director)     31 March 2016

Mr Kumar,

                  Section 498-A falls under the perview of Indian peanl code where trial will be conducted following criminal procedure code and not civil procedure , hence even the mediation counsellors do not have any right at all to drag on the case and allow you to be subjected to what ever demands  made by your wife. 

Hence on the next date ask the mediation counsellor to refer the case back to the concerned metropolitan courts , if they fail to do so , you can file a memo before the concerned courts stating that the mediation talks failed and hence you are ready to proceed with the tiral.

Secondly if you are not happy living with your wife you are always at liberty to file a contesting divorce under section 13-B of the Hindu marriage Act before the family Courts of your district or city.

Solomon Raj
                  L.L.M.( Crimes & Torts )
Advocate, High Court Of A.P. , India
Attorney/Consultant,
Director, Justice League,
Indian Ombudsman U.E.(U.S.A.)
JOINT SECRETARY, CHRISTIAN LEGAL ASSOCIATION.
BHARAT GAURAV SAMMAN AWARDEE
Ex-Member, Mega Lok Adalat , Criminal Courts , Hyderabad .
General Secretary, 34th U.C.C. ( A.P.),                      
National Vice president, All India Christian’s Council,
Legal Chairman,  All India Christian’s Council,
Legal Convenor, Y.S. Raj Shekar reddy Congress Party,
Lok Adalat Member, A.P.( Ex)
Associate, Hand of Hope (Legal),                      
Hon'ry Advisor, St.Joseph's School,
Television Speaker & Theologist,
Core Committee Head, For drafting Act of "Protection of Christian Properties" In Andhra Pradesh. 
Ph:+91-9866545086,

SOLOMON.RAJ (advocate/director)     31 March 2016

Mr Kumar,

                  Section 498-A falls under the perview of Indian peanl code where trial will be conducted following criminal procedure code and not civil procedure , hence even the mediation counsellors do not have any right at all to drag on the case and allow you to be subjected to what ever demands  made by your wife. 

Hence on the next date ask the mediation counsellor to refer the case back to the concerned metropolitan courts , if they fail to do so , you can file a memo before the concerned courts stating that the mediation talks failed and hence you are ready to proceed with the tiral.

Secondly if you are not happy living with your wife you are always at liberty to file a contesting divorce under section 13-B of the Hindu marriage Act before the family Courts of your district or city.

Solomon Raj
                  L.L.M.( Crimes & Torts )
Advocate, High Court Of A.P. , India
Attorney/Consultant,
Director, Justice League,
Indian Ombudsman U.E.(U.S.A.)
JOINT SECRETARY, CHRISTIAN LEGAL ASSOCIATION.
BHARAT GAURAV SAMMAN AWARDEE
Ex-Member, Mega Lok Adalat , Criminal Courts , Hyderabad .
General Secretary, 34th U.C.C. ( A.P.),                      
National Vice president, All India Christian’s Council,
Legal Chairman,  All India Christian’s Council,
Legal Convenor, Y.S. Raj Shekar reddy Congress Party,
Lok Adalat Member, A.P.( Ex)
Associate, Hand of Hope (Legal),                      
Hon'ry Advisor, St.Joseph's School,
Television Speaker & Theologist,
Core Committee Head, For drafting Act of "Protection of Christian Properties" In Andhra Pradesh. 
Ph:+91-9866545086,

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