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sunil (accounts asst)     04 March 2016

Fake 498a

I have filed divorce petition under cruelity after that my wife has file a fake 498a case to pressurise me and to avoid divorce as she dont want divorce I am on anticipatory bail now, in FIR she has mentioned the name of my sister who is not in India she left india after 2 days of my marriage police has not yet filed charge sheet.Is it compulsory for my sister to attend court proceedings she can not appear before the court what may happen if she doesnt appear? my wife has mentioned that sister made calls and harrass her not a single call was made by my sister on her number. If after filing release application court removes names from the charge sheet can that person file a case of defamation against my wife?



Learning

 9 Replies

laxmi kant joshi (instructor)     04 March 2016

Most probably io will revove her name on his report, let the police filed the chargesheet in the court only then think for further strategy.

saravanan s (legal advisor)     04 March 2016

dont think that your wife doesnt want to divorce you and thats why she had filed 498a.your assumption is totally wrong.filing false 498a would definitely lead to divorce.fight the case on merits and if you could prove that false allegations had been made over you then you can claim divorce on grounds of cruelty.

saravanan s (legal advisor)     04 March 2016

as long as she is abroad the court cant do anything.

SuperHero (Manager)     05 March 2016

Originally posted by : sunil
I have filed divorce petition under cruelity after that my wife has file a fake 498a case to pressurise me and to avoid divorce as she dont want divorce I am on anticipatory bail now, in FIR she has mentioned the name of my sister who is not in India she left india after 2 days of my marriage police has not yet filed charge sheet.Is it compulsory for my sister to attend court proceedings she can not appear before the court what may happen if she doesnt appear? my wife has mentioned that sister made calls and harrass her not a single call was made by my sister on her number. If after filing release application court removes names from the charge sheet can that person file a case of defamation against my wife?

There are cases where even children has been included in 498a cases..

Don't worry. Nothing will happen.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     05 March 2016

Yes defamation shall surely be maintainable in case it is eventually discovered that the allegations made against the said person were false and concocted.

SatCool (NA)     05 March 2016

Respected Lawyers,

Firstly I would like to thank you all & appreciate the kind of help & contributions you have done to other brothers & family members who are suffering from this cheap false 498A case this has really helped me a lot & others & has given moral support. I & my family were going through 498-A, 506 I.P.C and Sections 3 and 4 of the Dowry Prohibition Act. Filed by the fraud lady in different state the sad part is I was in central jail for 4 days for doing nothing.

By god’s grace we got the 498-A FIR quashed in that this is what high court has to state.

In fact, the learned Magistrate should not have taken cognizance and the taking of cognizance is by non-application of judicial mind without even jurisdiction for no part of cause of action taken place under Chapter XIII Cr.P.C for taking cognizance under Section 190(i)(b) Cr.P.C. and had the learned Magistrate gone through the facts, he could not have chosen to take cognizance of the offence. Thereby the cognizance taken by the learned Magistrate is liable to be set aside. However, when the material on record shows, there is cruelty and harassment while setting aside the cognizance order of the learned Magistrate, the learned Magistrate is directed to proceed according to law on the precognizance police final report by return for want of jurisdiction, so that the police can forward the record of the concerned police of Bengaluru City for registering any Crime and investigation and to file final report to proceed according to law. Accordingly, to that extent, the quash petition is allowed and the proceedings in C.C. No.200 of 2014 on the file of IV Additional Judicial Magistrate of the First Class, Warangal is quashed. The bail bonds of the Accused, shall stand cancelled. As a sequel, miscellaneous petitions pending, if any, in the above criminal petitions shall stand closed.

 

What I would like to know is since the case has been quashed based on jurisdiction I was waiting to see if the opposite party will take any action it’s been more than 90 days now they haven’t challenged this nor the case hasn’t been transferred to Bangalore from the Warangal police & I didn’t get any notice from the local police regarding this. Also I would like to know who will be in charge of creating the file order for 498-A is it the Warangal police or is it Bangalore Police. I’m planning to file criminal defamation on this fraud gang is it good to do so & how about filing divorce as well. I would like to know your valuable suggestions on this so that I can start the fight from here. As always thanks for your valuable time & help really appreciate it.

Regards,

Sathish.

ANAMIKA VICHARE (LAWYER)     14 March 2016

Don ot worry, d not call your sister here.fight for divorce you will get it contested one if not if your wife settles, withdraw the 498a cse in lieu of sttlmnt

Amrit (M.D.)     17 March 2016

This clearly shows the intention of your wife which according to me shows that she also needs divorce but by putting false allegations she just wants to harass you. File a divorce on basis of cruelty and fight it out.

Amrit Singh

9891832595

SuperHero (Manager)     19 March 2016

Originally posted by : SatCool
Respected Lawyers,

Firstly I would like to thank you all & appreciate the kind of help & contributions you have done to other brothers & family members who are suffering from this cheap false 498A case this has really helped me a lot & others & has given moral support. I & my family were going through 498-A, 506 I.P.C and Sections 3 and 4 of the Dowry Prohibition Act. Filed by the fraud lady in different state the sad part is I was in central jail for 4 days for doing nothing.

By god’s grace we got the 498-A FIR quashed in that this is what high court has to state.

In fact, the learned Magistrate should not have taken cognizance and the taking of cognizance is by non-application of judicial mind without even jurisdiction for no part of cause of action taken place under Chapter XIII Cr.P.C for taking cognizance under Section 190(i)(b) Cr.P.C. and had the learned Magistrate gone through the facts, he could not have chosen to take cognizance of the offence. Thereby the cognizance taken by the learned Magistrate is liable to be set aside. However, when the material on record shows, there is cruelty and harassment while setting aside the cognizance order of the learned Magistrate, the learned Magistrate is directed to proceed according to law on the precognizance police final report by return for want of jurisdiction, so that the police can forward the record of the concerned police of Bengaluru City for registering any Crime and investigation and to file final report to proceed according to law. Accordingly, to that extent, the quash petition is allowed and the proceedings in C.C. No.200 of 2014 on the file of IV Additional Judicial Magistrate of the First Class, Warangal is quashed. The bail bonds of the Accused, shall stand cancelled. As a sequel, miscellaneous petitions pending, if any, in the above criminal petitions shall stand closed.

 

What I would like to know is since the case has been quashed based on jurisdiction I was waiting to see if the opposite party will take any action it’s been more than 90 days now they haven’t challenged this nor the case hasn’t been transferred to Bangalore from the Warangal police & I didn’t get any notice from the local police regarding this. Also I would like to know who will be in charge of creating the file order for 498-A is it the Warangal police or is it Bangalore Police. I’m planning to file criminal defamation on this fraud gang is it good to do so & how about filing divorce as well. I would like to know your valuable suggestions on this so that I can start the fight from here. As always thanks for your valuable time & help really appreciate it.

Regards,

Sathish.

@Satcool - Sunil opened the Thread.

Why don't you open a New Thread.....

What are you still waiting for?? File divorce case and defamation case...


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