Nithya (Officer) 25 October 2013

False 498a - how to get rid?

Posting this on behalf of my friend.....

He works for Govt sector. His wife filed a false 498a against him and family. With some effort, not an easy one, he could get anticipatory bail.

Though she works for a pvt. concern and the period of their stay together was less than one year and no kid, they are asking for a big amount of settlement amount through mediators.

So he replied to their mediators that he would get the matter settled thru court.

Now, he has received a letter from the police asking him to come for interrogation(Crpc 41) directly to admin officer of the Govt. firm where he is working instead of his home address.

Could this be some influence on police by those people for troubling his job as he got A. Bail and they are acting this way because there was no arrest??

What is advisable to be done now? Since the letter has reached his office, will there be any problem for his job? How to avoid such future notices directly to office? How to proceed further? Experts Please advice.

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7 Replies

(Guest)

If he had got AB then it's wiser to co-operate with investigation and not avoid such notices.Tell him to have a good relation with I/O and make (FR) in favour of him.

Laxmi Kant Joshi (Advocate ) 25 October 2013

1.not be so panic It is also a procedure to serve summons to a government servant through their head. 2. engage a lawyer to fight your 498a case in the court . 3. If she is asking huge amount It means she is ready to give you divorce , talk to her through your advocate and if she agree then make your's terms and condition (MOU)on which both of you agree and then collectively filed.It in yours districts family court for mutual concent divorce .

Nithya (Officer) 26 October 2013

What is FR?

Nithya (Officer) 26 October 2013

Why is it necessary for him to pay alimony to her when she is working?

Laxmi Kant Joshi (Advocate ) 26 October 2013

1.FR means final report . 2. She is working in a private company , court will see your living status on that basis he consider maintenance amount for her or reject her maintenance application.

SUNIL kumar (5000) 26 October 2013

incaseof government servant the summon is sent to the head of the department only.thereis no risk of losing job.

if the case is no need to worry let them case,further i must suggest you totakethehelpof agoodlawyer

Sudhir Kumar, Advocate (Advocate) 26 October 2013

I partially disagree. A Government servant who is on bail (with/without arrest) is bound to intimate to the department the full facts of the bail and non-reporting of bail is misconduct and disciplinary action can be taken by the department as soon as they come to know of the bail from other source. If he has not reported bail so far he can do so now and there will be no danger of any such letter coming to office.