ansh 27 February 2015

false 498a case need advice

Sir, My wife filed 498a case (july 2014) against me and my close relatives. Chargesheet submitted (oct 2014) and after that 125 crpc for maintenence. I have a daughter 1 yr old. I go for settlement before FIR filed through our community but they did not came, l have written letter for that, can these will be helpfull during trials. I also have photographs and videos that i have taken care of her. After pregnency of 7 month i left my wife to her parents home for delivery (for hospital�s sake), is these is a crime. My wife gives birth a baby child (feb 2014), in fir she mentioned that no one is present during delivery and my baby is suffering from some deasease so my father and brother take her to different city for treatment, and there also no one is come to see the child as it is a baby child and all expenses are bear by father (un logo ko to bimari ka nam b nahi pata hoga). These all allegations are false i have bills, medical reports of my child. But i gave some medical bills of my child to my FIL for tax benifits. Can bank statement will helpfull for that. (Mujhe samajh nhi aata aise nich log b hote h kya jo maa apni hi aulad ko use kare apne aur apne maa baap ka ego satisfy karne ke liye. Wo bhi us bachi ko jise birth se itni muskil se bacha ke laye hospital se jabki 90% bol diya tha drs ne ki apki beti nhi bachegi aur sayad surgery bhi lag sakti h. Meri beti ko 15 din continue nicu me rakhna pada tha from day 1.But achhi baat ye thi ki meri beti sahi salamat ho gaii) I only want my child custody as soon as possible. Can i go for perjury as i can prove some points of her allegations in 125 crpc are false. How i can file speedy trial in HC, is it mandatory in 498a, as case drags for 5-7 yrs. Please give some advice, i am not understanding what will be my step. i lost my night sleeps due to these case. Ek to aadmi apne carrier se jhujh raha ho uper se uski wife uska sath dene ki bajaye ye sab kare uske sath wo jiyega ki marega

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12 Replies

ansh 27 February 2015

I want to add one more thing statements given by there witnesses during FIR and my wife in 125 crpc notice is different.

saravanan s (legal advisor) 27 February 2015

Citing all these contradictions file a case in the high court for quashing the fir

ansh 27 February 2015

Thanks for your reply. I already talked with my lawyer for quashing, but he told me that quashing under 482 section is not possible now. For quashing if arrest not done then only quashing is possible. Is this true.

ansh 27 February 2015

mubeen (MD) 01 March 2015

Pls Choose your lawyer according to ur need.Get a lawyer who can quash it from high court.You can immediately file 497 and custody.Dont agree for divorce before clearing everything.

ansh 02 March 2015

Thanks for showing your concern.

ansh 02 March 2015

@ Mubeen 497. Adultery.�Whoever has s*xual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such s*xual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either descripttion for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor. How section 497 is related to my case. Plese explain.

mubeen (MD) 02 March 2015

I am really sorry i miss qouted the section.It is restitution of conjugal rights act which can be filed in family court.

ansh 02 March 2015

@ Dear Mubeen But i dont want that girl anymore. These happening second time and i dont trust her anymore. I have chats conversation in which i say to her: sudhar gaii ho gi to apne aap wapas aa jao then she replied me tu agar ek baap ki aulad h to police station aake dikha ( PS of her native place). So how can i trust her which uses her own child for there dirty politics. Actually i am the only son in between 4 sisters and she wants kaise bhi krke ise apne control me krke family se alag kar du. Filing RCR means to bring her back. I can live life long alone but cant live with this girl.

T. Kalaiselvan, Advocate (Advocate) 03 March 2015

@Querist:since she has lodged a criminal complaint against you and the same is pending before the magistrate court and also she has filed the maintenance case u/s 125cr.p.c. too, it is better to challenge her cases in the court itself properly and dont waste time for quashing the same through high curt because high courts generally do not entertain such matrimonial disputes.

SAINATH DEVALLA (LEGAL CONSULTANT) 20 March 2015

Going for a quash of 498A is just 50% success.Can't be sure that it will be quashed.Everything in the HC depends on the merits of UR case.I have gone through UR entire threads. At this stage my sincere advice is to fight the case with a good and an intelligent lawyer in the lower court.

ansh 20 March 2015

Thanks to all for showing your concern. But these indian judiciary system is very hectic. My laywer says only one thing take patience 498a cases takes time. I have all proofs regarding false allegations made by wife but no use till now. Sir i want to ask one thing will judges transfer cause any harm to the case, as two of them already tranfered. Thanks in advance.