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RAJASEKHAR (IT Professional)     11 March 2018

False 498a case & dvc

Sir, My wife had filed a false 498A case in a Police Station as soon as I sent a legal notice to her ( She inturn purposly refused to take that & rushed to Comissioner of Police & loged a compliant against me & my parents under section 498A ) Myself & Parents were granted Anticipatory Bail by Honable High Court of Madras. Immediately they have filed Domestic Violence against me & my parents which is again a false case. The Protection officer reported that parents cannot be included here when son leaves home & setup a seperate house for matrimonial life ( I have fully paid the initial amount fro my pocket & rest as House Loan ) . Based on the report from Protection Officer myself was alone to be investigated by court . I had appealed this High Court & explained this is a false case with required evidence through my advocate after which High Court STAYED the DVC case & dispensed with my presence. On the other hand my wife is purposely killing time by not filing COUNTER on the DIVORCE case that I had filed initially. Please let me know how to get out of this mess & get divorce as soon as possible . By the way it is already an year since these all started. Worst part is my wife is living in my flat along with her parents and filed these false cases against me & I am still paying the EMI for it. All they want is money & our family property.


 5 Replies

Vijay Raj Mahajan (Advocate)     11 March 2018

One year or ten years if you don't compromise the dispute amicably with her you won't get out of this mess. Get ready to pay her huge amount of alimony amount, she will agree for divorce by mutual consent, the false criminal complaints will be quashed or dismissed after you both compromise amicably. She'll be happy with your money and return of her istridhan and you'll be happy with divorce and ready to get new wife and recovering all the monetary loses from her.

Only person who will not agree with this advice will be your advocate taking care of your cases there in various courts as he'll be losing his professional fee and cases.

RAJASEKHAR (IT Professional)     11 March 2018

Thanks Vijay for your Swift response. Just a note here High Court had Quashed their DVC complaint against us. Also we have not taken single penny as dowry and nothing was given to us as stridhana. In fact jewelry that was bought and given to her is at her parents custody and so as my flat which is occupied by her and parents. Is there any way to acquire my flat from them. Will there be any chance by them to Lodge few more false complaints against us.

Vijay Raj Mahajan (Advocate)     11 March 2018

I told you very clearly the matter can continue for years together unless you compromise with her on terms of payment. You want your house back, you'll get it but pay for getting it back, in any manner you call it you have to pay her huge amount for getting ride of the mess. You took dowry it not only you know it or the other party and where her Istridhan lies that too you both parties only know, but what will be said in the court by you both the court decided on evidence before it. As far DV matter is concerned if your parents not living in domestic relationship with your wife the High Court considered this issue and quashed proceedings against them what's the big deal you got out of this? You seek free advise here from experts but your fully paid advocates unable to provide proper legal advice and guidance that's the main issue here by dear friend.

Rishi kumar   11 March 2018

Rajasekhar Sir, 

i have always admired Advocate Mahajan Sirs posts. But I am not able to understand why lawyers are asking men to pay up that also huge alimony. I wonder whether the same lawyers tell this to their own clients.  Surely not. Fighting is not welcome anyway. But, there has to be a limit. Yes those men and their parents who have greedily demanded huge amounts as dowry or gold or something else and tortured wife need to pay up. Why men who are themselves victims should pay up. We talk of women empowerment on March 8 and suddenly in court halls they become abala naaris. No , no need to pay up if you are innocent. Let them produce proof of harassment or dowry demand. You need not prove anything as you have not taken anything. If they have given let them prove. If another woman is not waiting in queue to become your wife there is not need to hurry. Let it take its own time. You are not going to spend more than 5 Lacs for the entire  process of litigation. Somewhere in the middle you can also start arguing your cases. Once you shut up and pay up you are accepting the allegations levelled against you. You next wife is going to weigh you on this basis only. 

Study your case well. Your wife's lawyer is also not going to argue for free. Wait for a while. Till then fight.  Thy will also come to you then you can call the shots. No body is going to arrest you if you have not wronged. There are fighters in this forum who won't tell you to shut up and pay. Of course you can pay HUGE ALIMONY if money grows on your trees. 

Vijay Raj Mahajan (Advocate)     11 March 2018

No problem don't pay a single rupee to your wife and continue fighting for "N" numbers of years. Few months back one case came for final hearing in appeal in Delhi High Court where both husband and wife were in litigation for more than 20 years reached age of 70s, with the great advice and guidance they continued, hope you'll follow their footsteps. Best wishes for many years of litigation.

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