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Ramana (Owner)     05 January 2013

False 498a, dv - impact on properties

Dear Sirs, My wife filed false 498a & DV asking for 2 cr compensation and share in my properties. She is in govt. service earning 40k and I am a businessman. We have a daughter. My wife is living with her boy friend now, I came to know that she is having an affair with this person before marriage but forced by in-laws to marry me(I have no proofs except her address showing same person's, he is also married, 3 are living together) . After delivery she left my daughter at in-laws and staying with him. I tried for divorce in return I got 498a & DV. All my properties are self aquired and on my name. There is no dowry, in 498a all false claims. I have a commercial complex in hyd, their eyes are on them, how do I save this complex. Remaining properties are sites and two houses at my village. She is asking for share in properties and maintenance 40k for daughter. I have incurred heavy lossess due to these personal problems. Now I would like to fight these cases all the way upto SC, my question is why should I give share in my properties to such illicit people? How do I save my properties? My lawyer (he is genuine but do not know his capability) is saying when time comes we can file IP and give minimum to them and save peoperties? Is this possible? In counter to DV I have already mentioned about private loans on properties and my only source of income is this also about their illicit affair. Please suggest me ways to save my properties. After seeing all this, I don't want to get marry again, no need of divorce, please suggest.


 10 Replies

ABHISHEK KUMAR VATSA (Freelancer)     05 January 2013

hi Ramana,

first of all how do u know that your wife is having  an extra marital wife? As she ,her freind and his wife are staying together,this can not be proved that she is in relation with him .Now what you can do to save your property that throuh any means get evidence of her extra marital affair.Then you can file a case of adultry against his freind... and tell her if she doesn't want that she can go with MCD without any alimony. Theres always a way  out according to facts and  evidences.

there can be other grounds like mental cruelty etc we can come on it later




Ramana (Owner)     05 January 2013

I got confirmation from my elder co-brother, who knows the issue before our marriage. Also wife of that person is also a common friend to both, all 3 are friends. She works in marketing, goes out of station for 3-4 days and then these two stays in the same apartment. How can this all be proven ? I am fedup with this complex game being played ? I just want to live in peace. Please advice, how can I get out of this?.

Sushanta Majumdar (Sr. Executive)     05 January 2013

Hi Ramana,

I suggest you to start harassing your wife too. How? File multiple false criminal proceeding in various courts (away from your wife's location) not only against your wife but also implicate your aged in-laws and distant relatives of your wife and if possible implicate your wife's boss and colleagues, make her spend at least Rs.20000/- per month in defending the cases and make her run from one corner of the state to the other for appearance in court. Also file a case for custody of the child. She has done whatever she could and now, its your turn.

If you can follow the suggestions, I am sure, your wife will come for compromise and then only you can impose your own terms and conditions and take control of the situation, presently you at the receiving end.

Biggest mistake on your part was filing the divorce. Men should never file divorce, all the laws are in favour of woman and adultery is the toughest thing to prove, you won't get any direct evidence and will have to prove it by circumstantial evidence only which is very tough.


radhika (housewife)     05 January 2013

dear Sushanta Majumdar, i am totally disagree with your suggestion ... if he will file a criminal case against his wife,, he has to proof to the court. secondly, she can get the case transfer to the place she is residing... it will be a biggest mistake to file a false criminal case...he will be in a greatest trouble... wife's lawyer can put the man behind the bars as well...


RAMAN : do not put any false criminal case, if you could not proof to the court, 2 cr is nothing u will be completely on road.... so hve patience fight for it... but whtever u are planning to do againt your wife, u need to hve a proof of the same.... so think 2 cr times before u put any false case against your wife...

1 Like

Sushanta Majumdar (Sr. Executive)     05 January 2013

Dear Radhika,

I do agree with you that there are penal provisions for filing false cases / for giving / fabricating false evidence and also 407 Cr. P.C is there but I still stick to what I say. Here the wife has filed a false case against this fellow, please tell me, will his wife be punished if she is unable to prove her case?

Provisions are good in books. Survey says 85 % of 498 a cases are false. How many wives are punished for filing false cases against their husband? Take any court, anywhere in India and find out how many cases are filed and how many cases reach up to the stage of 313 and in how many cases punishments are actually pronounced, then you will understand what I say.

I sincerely apologise, if I have hurt you, but this is India.


These are just suggestions. If you are not comfortable, don’t go for it.

Msk-need -nuetral- laws (self)     06 January 2013

Partially susantha is correct and legally not. who cares morality now, lest, empathy on fellow human beings before monetary. hence dear Raman, if you are rich enough, hire a specilist lawyer and detective and gather evidence. Now your peace is in your best fight. 

radhika (housewife)     06 January 2013

Hello, Now, i do argee with u ..tht false cases are being filed by wife... and order goes in favou of wife, but for .. as we know tht husbands get into toruble, so why to create more toruble ... my view point is tht be safe as much as one can.... why to dig own's grave.... i know it is also a matte of hard earned money, .... but i wish, and hope things can be solved peacefully...

Kamal Grover (Advocate High Court Chandigarh M:09814110005     06 January 2013

Dear Ramana,

You dont want to pay even a single penny. Hire an expert advocate and he will save you from all these problems.
Further appoint any detective to collect proof of her illicit relationship then you will easily get divorce also.

Sundari (Sr.Executive)     21 January 2013

Hi Ramana


I too accept the opinion of Kamal, please hire a expert lawyer and prove the adultery. If you want to trouble her, better you prove her adultery through so many sources, even your co-brother is helpful, get all the edivence and file the case. Further, she is not concern about the kid, you can ask for the custody since she is not taking care of the kid.

raghu (propietior)     06 March 2013

hai, my wife has filled a false 498a , against meee to grab the business properties  , i was running a business , a small embriodery unit , and was harassed by my wife and my wife parents grab the factory proprieties,they filed a 498a case against mee ,,,,,, and given a false statement in 498a, that they have given the full money to the factory , to create a litegation , factory propetiorship /and owener ship is in my name and my father has mortage his house in the bank for the factory purpose loan a ,mortage loan ,and was invested by him to the factory purpose ,,,,,,,,, after 498a case happened my wife came to the factory priemess and dispossed us , with goonda elements ,and ladies association , and using there parents and brother muscle power , and police power ,,,, we went to lodge the police complaint they were good understanding , so they neglected the complaint and didnt not give the relief ,,,,, so she has acquried the factory and and creating the newsense in the factory if we go there , and she starts fights with us , being a respuctful family and innosence way , she is running the factory illegaly ,,,, and enjoying it the factory profits ,,,, and staying in  her parents house , so what is the way to claim the damages on her on the factory profits ,,,,,,, for dooing illegal business ,, when it is ,self accuried properities ,,,,,,,,, what , damages claim, can i file on her ,,,,,,,,,,,, is there any judge ment for damages claim ,,,,,,,,,, please it is a biggggggggggggggggg , harresement and pain full , and my oldage parents are suffering because of house loan mortage loan ,,,,,,,,,, how can i file damages claim on my wife and there parents and his brother,,,,,,,, she is in possesion of the factory  and she has filled a OS/ suit in the court asking the injuction against the true owner husband to restrain  me and my parents ,,,,,, so please give the suggestion that to claim the damages , and the business profits , and loss to the company .......please suggest me ,,,,,, see this is half the incidence pain, i have told you  ,,,,,,,, please sugest me for the losss and loan of the parents ........ how to recover the profit of the company,,,,,,,,,, please suggest meee........

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