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shivaji (Student)     26 March 2012

False 498a case

My name is Shivaji ~


I am from Hyderabd -We got married in 2008


My wife filed False 498A Case in 2011 against me and withdrawn the case by giving explanation to the women police station stating the case was false. Eventually political leaders and CI from police station harrased my family and to pay 30 lakhs, My father in law family extracted huge amount 30 lakhs from me towards alimony and put that money in the bank in Fixed Deposit on my wife's name. The moment they got money on her daughter name they filed a explanation letter to the police station and court saying that the 498 A case filed was FALSE.

I do not have any other alternative to say YES to the proceeding which were happening outside the court. I am alone and i do not have enough political power to stand bravely against my in law family. on the other hand I do not want to make this issue worst staying back in india as I have a active US VISA - I am the only bread maker for my family. So i agreed blindly to all the demands of my wife family.


The moment my Father in Law family received money on my wife's name - they asked me to give mutual divorce. We filed mutual divorce in 2011 april and I did not attend the any of the court hearing since I am living in United States.But My wife had been to first hearing and ignored the rest of the 2 since i am not coming to the court.I recently came to india in Feb 2012 rising the following memo the Civil Court Judge. May it please your honour

.
It is submitted that I am the petitioner1 here in the main o.p and filed an advanced petition along with the petitoner 2 for mutual divorce under section 13-B of hindu marriage act which was posted on Feb 2012.
it is submitted that under tremendous pressure from political persons upon me and threats from the parents of the petitioner2 herein upon me.

i am forced to sign on the Advance petition and aswell as in the Main OP. It is respectfully submitted that I am not giving consent to the said mutual consent divorce. the petition is filed against my will. It is further submitted that to extract huge amounts from me, the parents of the petitioner2 herein with the influence of rowdies and political persons are detaining me illegally and obtaining signatures on blank papers and trying to extract huge amounts. I submit that the original F.D.R for 30 lakhs drawn on ICICI bank on April 2011 which was filed by me as list of documents along with the main OP should be handed over to me only. As I lost faith on my counsel. I request to hand over it to me only.
-----------------------------------
Judge accepted this memo and taken on file after submitting it in person in the court.
NOW MY QUESTION IS ? What should I Do know ?
Will the new ammendement to Hindu Marriage Act related to my case ?
My wife is asking for Divorce and I am against IT.
She filed a false 498A Case for because of that I lost almost a Year career and stood in India doing nothing.
How can i fight this case to get my money back ?
I have next hearing in the month of June 2012 - What should I do ? I would really appreciate the professional response and will be more than happy to hire an advocate.
Thank You
Shivaji,



Learning

 7 Replies

manu (manager)     26 March 2012

have you really paid 30 lakhs...i mean under what circumstances you paid...did you have property you bought after marriage or just took it to get rid of the women....how did it happen..she is in hyderabad or in US with you....your case seems to be very hard...as laws are differenti in delhi ...i gues..let me know

shivaji (Student)     26 March 2012

Father in law family harrased me to pay that amount to withdraw 498A case, Since I am living in United States I thouht I should get rid of her famiy and her and decided to pay ` But legally that's big mistake i guess. I should not have done that. I think i deserve my money back. what steps you think I should take according to Delhi law.

We are living separately after filing Mutual consent case since April 2011.  Could you please share your email address or contact number ?

Please let me know sir.... Thanks in advance

**Victim** (job)     26 March 2012

Originally posted by :shivaji
"
Father in law family harrased me to pay that amount to withdraw 498A case, Since I am living in United States I thouht I should get rid of her famiy and her and decided to pay ` But legally that's big mistake i guess. I should not have done that. I think i deserve my money back. what steps you think I should take according to Delhi law.

We are living separately after filing Mutual consent case since April 2011.  Could you please share your email address or contact number ?

Please let me know sir.... Thanks in advance
"

Shivaji you have to forget your 30 lakhs. You live in united states you should have known this better that any settlement done outside court is not legal. Do you have any proof to prove in court that you gave 30 lakhs ? Only option is you walking out from Mutual consent divorce petition but thanks to new amendment which once approved will give liberty to wifes who can file divorce on their own and then get free from marital ties. I think you lost that 30 lakhs......

dr.pawan rajyan (member and secretory)     26 March 2012

YOU HAVE DONE BIG MISTAKE,FIND A GOOD LAWYER.IT SEEMS  VERY HARD TO GET BACK CASH.

SAINATH DEVALLA (LEGAL CONSULTANT)     26 March 2012

Dear Shivaji,

Having gone through your query,I would just like to conclude by raising only two points.

1.Do you still have soft corner for your wife,even after undergoing so much of mental , physical and financial distress.Are you sure your wife would come back to you.I don't think so.

2.You have done a grave mistake by giving them  30L for nothing.Of course in your that will be taken into account.New amendments are not applicable to existing  or pending cases.

shivaji (Student)     26 March 2012

Just so you know here is the term and condition point listed in our Mutual Consent. Bothe the petitioners are agreed to file the orginial FDR along with the petition and second petetioner is entitled to take back the originial FDR from the honble court immediately after grant of divorce.....

Since they had withdrawn 498a case i dream my wife would come back - but that did not happened and i have a next hearing in the month of June 2012

please guide me with appropriate suggestions sir....

shivaji (Student)     26 March 2012

hello sainath sir...

Just so you know here is the term and condition point listed in our Mutual Consent. Bothe the petitioners are agreed to file the orginial FDR along with the petition and second petetioner is entitled to take back the originial FDR from the honble court immediately after grant of divorce.....

Since they had withdrawn 498a case i dream my wife would come back - but that did not happened and i have a next hearing in the month of June 2012

please guide me with appropriate suggestions sir....please share your email ID i will send you my entire case.

Thank you

 

 


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