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Need Justice (manager)     08 June 2013

False 498a

Respected Members/Experts,

I have a query regarding 498 (dowry) that,

if i file a divorce petition after that in counter blast my dear wife will file false dowry case from her place then what would be the procedure, my case will transferred to her place or for anticipary bail only i have to go once to her place.

Kindly guide on the above query and let me know if you have some other suggestions.

 

regards



Learning

 9 Replies

Advocate Deepak Gupta (Lawyer)     08 June 2013

Not only for AB but also appear on hearing dates in Court ( you have to go many times at her place ) . Transfer of divorce of petition is depend on ur wife .

1 Like

Need Justice (manager)     08 June 2013

Sir as they are the locals for their place they may manipulate the things, if iam filing petition from my place & ready to give appropriate allowance (as per bus ticket) for evry date, then chance of transfer of case will be denied or not

shriks........... (healyhcare)     08 June 2013

your case can only be transferred if she appeals in higher courts, thts expensive,
you have 2 appear in 498 at her place if she files there , she should appear in yours whereever you filed your case

Need Justice (manager)     08 June 2013

Sir,

My question is that if iam filing in my place first, in counter blast she will file 498 in her place then what court will do because  she stayed last with me at my place, she has to file whatever blame she wants to then she will do in my place only or if she will file there then i ahve to attend her place also & my place also.

ashoksrivastava (scientist)     08 June 2013

@ need justice  If both cases are filed in same state HC may transfer the div. case to her place. Else she will have to approach SC.

Which case was filed earlier is immaterial when one case is civil and other criminal.

Since you will have to go for 498a case to her place she may successfully plead in court that you can also attend div case at her place. Though dates of both cases are always different several courts have accepted this argument in past. regards ASHOK

Paras Awasthi (Businessman)     08 June 2013

@Need Justice

It is not a good idea to file for divorce case first. You are only inviting trouble for yourself. There will obviously be backlash to this step. You should file for RCR, and if it comes in your favour then only should you file for a divorce.

If 498a or any other section is filed against you get an anticipatory bail for all the three courts, sessions, Lower and High court. Start collecting evidence of your innocence from now only. You should also start lloking for a good lawyer to advise you as it is very important that you take every step after proper guidance.

For example you can visit this great site: www.lawkonect.com

There they have Experienced lawyer from all fields. You can get your queries answered, get consultations and also hire lawyer for your case. 

Paras Awasthi (Businessman)     08 June 2013

@Need Justice

It is not a good idea to file for divorce case first. You are only inviting trouble for yourself. There will obviously be backlash to this step. You should file for RCR, and if it comes in your favour then only should you file for a divorce.

If 498a or any other section is filed against you get an anticipatory bail for all the three courts, sessions, Lower and High court. Start collecting evidence of your innocence from now only. You should also start lloking for a good lawyer to advise you as it is very important that you take every step after proper guidance.

For example you can visit this great site: www.lawkonect.com

There they have Experienced lawyer from all fields. You can get your queries answered, get consultations and also hire lawyer for your case. 

Need Justice (manager)     08 June 2013

Dear All,

 

Thanks

 for the prompt rply, as my wife is staying with me only, how can i file rcr,

& i have few recording of her showing cruelity as my marriage took only 6 months,

what else can be done, kindly suggest

 

regards

Need Justice (manager)     08 June 2013

Dear Gupta Sir,

 

Kindly check ur PM

 

regards


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