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complicate (NA)     14 August 2012

False 498a case filed

My wife registered a false 498A case against me and my mother, in Nellore. We got married (arranged) on 27-Aug-2010, and she was working in Chennai and I was working in Hyderabad. Myself and my wife were staying in Hyderabad alone since Dec-2010. My mom was not statying with us and she is in Chennai, so why is got into this case.

She got  pregnant during Dec-2010, and she went to Nellore (parents house) during first week of April-2011 and within 3 days she called me saying that there was a miscarry. We had doubts that she wantedly aborted it. But left alone there, and she came back after 25 days to Hyderabad. Again she got pregnant in 5-Aug-2011, and everything was well, as we visited doctr every two weeks to see the baby health.

She left the house from hyderabad during 6-Nov-2011, after having a small argument taking all her articles. Till then her health was all good. After 20-30 days I was informed by a third party that she aborted the kid wantedly. I called her and asked her of the same and she said that she aborted the baby wantedly, without my consent. So I was totally lost and didn't want to take her back. But she always wants to get back.

Now I'm no longer staying in Hyderabad, since July-2012. I got a call from Nellore Womens cell, that your wife came to us and wanted me to come there for just counselling. She now states that the second time was also a miscarry and she did not abort it. I went there on 19-July-2012, and I was informed then that the fir has been lodged already. There demand was to give back

1. Jewellery whcich was with us

2. Gift amount which they gave to their daugther (Rs 5.90 Lacs)

3. Interest for the same (Rs 1 Lac)

4. Marriage expense (Rs 3 Lacs)

All together Rs 10 Lacs. Unless those are paid they will not leave me. So with the interferance of some mediators (elders) who gave sureity that I will get them the said amount and Jewels in few days and to leave me then. I was kept there in station till mid-day 20-July-2012. Once this is settled they will move te case to Lokadalat and close the case.

On 24-July-2012, my mother went to Nellore to give the Jewels and Rs 10 Lacs. They didn't take her to the police station to settle the matter, rather asked everyone from the wifes side at the mediators house and had them sign a note in white paper stating that we received the above said gold and amount, and same was signed by the wife, their father and mother and the witnesses.

Is this valid?

I have a divorced filed now (second week of July-2012) which is pending for hearing on 21-Aug-2012. Now they are saying that they will not close the case unless we remove the divorce case we filed.

Now the person who mediated says that we need to get you a bail first and further procced by forwarding to Lokadalat. So now I don;t know how to proceed. My advocate here says that you have settled and nothing can be done. I need some advice on this.

1. Is it necessary to get the bail if this case be forwarded to Lokadalat?

2. Even if the said settlement was reached they are not will to close the case now.

3. What should be next set of action.



 4 Replies

Guest (Guest)     14 August 2012

If no cause of action arose to your wife at Nellore, the magistrate at Nellore does not have the jurisdiction to try you. The first step should be to obtain anticipatory bail to thwart the possibility of an arrest. Once bail is secured half the battle is already won. You can then follow it up by moving HC for quashing of the FIR depending upon the allegations in the FIR. No conclusive opinion can however be given without perusing the FIR.

1 Like

Sudhir Kumar, Advocate (Advocate)     15 August 2012

Get the bail from Nellore.

complicate (NA)     16 August 2012

What if the case is referred to Lokadalat? Still do I need to get the bail?

Sudhir Kumar, Advocate (Advocate)     16 August 2012

You need to be on bail till criminal case is closed.


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