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Muna (Sr. Manager)     06 February 2012

False case of 498a

My brother had sent divorce notice to his wife, but his wife did not sign the papers.

Now she has filed a false case under 498a against him and parents. Also she had filed a civil case claiming a huge money as expenses spent on the wedding to be reimbursed a year back.

what should be next steps? My brother is an NRI and presently is unable to leave the country. Can he leave the country and get back to his job?



Learning

 10 Replies

adv. rajeev ( rajoo ) (practicing advocate)     06 February 2012

If he is on bail then conditions of bail should be seen.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     06 February 2012

Dear Querist, 

This has become a tendency in modern estranged women to reply to divorce notices by 498a, 406 criminal cases. Now there is indeed a cause to worry. because these offences are really heinous, cognisable ( Police can arrest w/o warrant - though normally they won't) non bailable - (you'd be arrested and would have to seek bail through the court).

However the best thing now would be to move the court for anticipatory bail, which is not a very tough thing to get. 


Feel free to seek any clarifications.

Best of Luck !
BharatAdvocate (Delhi)Convenor : Lawyers for Social JusticeTel : 9810553252 (only 6 to 9 PM) 

1 Like

lawyer_rajiv (9811284735) (lawyer)     06 February 2012

in this situation, your brother can defend the civil case by constituting an attorney in India and as far as falsity of 498a is concerned, the property remedy would be to file an application for perjury against the wife for separating grain from the chaff.

Aishwarya (Teacher)     06 February 2012


Regarding the divorce case, find out whether the summons came back to  court or not, If it has come back, then ask for ie appeal ex-party.

There are many many judgement available to get 498a quashed..as it happnned after divorce..

Members may help you with good judgments and u can always search for those..

1 Like

Sayeed Nazir (Marketing Manager)     06 February 2012

FILE A COUNTER BLAST CASE AGAINST HER STATING THAT "GIVING DOWRY IS ALSO A CRIME " REST EVERY THING WILL BE SMOOTH 

TRUST ME THIS WILL WORK 

Chaitanya_Lawyer_Mumbai (Lawyer)     06 February 2012

She cannot get Matrimonial expenses reimbursed,she can claim maintenance.

Regarding 498a, try to get anticipatory bail for him before he returns to india. 

RAJENDRA (ADVOCATE)     07 February 2012

U HAVE AVOIDED TO FURNISH DETAILS FOR US TO RENDER PROPER OPINION. LIST OF EVENTS IS IMPORTANT. HOW LONG WERE THEY TOGETHER. WHAT MADE YR BROTHER SEND HER DIVORCE PAPERS. WE OBSERVE THAT NRIS COME ENJOY AND LEAVE. YR BROTHER MAY NOT BE OF THAT SORT. NO COURT WILL SNATCH HIS BREAD AND BUTTER IF HE IS GAINFULLY EMPLOYED ABROAD. HE WILL BE GRANTED PERMISSION TO LEAVE THE COUNTRY SUBJECT TO USUAL CONDITIONS SO THAT HE DOES NOT FLEE THE LONG ARMS OF LAW. THATS ALL. WHAT ELSE.

gambhir singh (000)     07 February 2012

Dear sir,

                 i also have problem , my wife went to court aginest me , she also filed 125 case and she is asking 80000 ruppes per month , she was working in hotel as ass, maneger , now i am in out of india , i lost my job becouse when i got massage form her ,i was in dipersion , so i lost my job , right now  , i am trying to get job agian , what i can plz reply my mail,,

lawyer_rajiv (9811284735) (lawyer)     07 February 2012

claiming 80k case is different and proving the case for the award for appropriate maintenance is different.  in case you out of job, you may ask your lawyer in india to file appropraite papers and defend your case on the ground of your unemployment.  rather you should ask your wife for maintenace in case you are not earning as she is working as asst. manager.  law is a double edged weapon and your wife seems unaware of it.

RAJENDRA (ADVOCATE)     10 February 2012

EXCELLENT @ RAJIV. MY SINCERE SYMPATHIES FOR THE QUERISTS DEPRESSION AND HAVING LOST JOB. PLS BE A MAN. ABOVE ALL 80,00/- PER MONTH IS TOO MUCH. HAS SHE GONE BERSERK. WHAT IS YR BOTHS PROFESSION. WHER R U BOTH STATIONED. HOW MARRIAGE TOOK PLACE. PERIOD OF MATRIMONY. WITHOUT LIST OF DATES ONE IS UNABLE TO RENDER OPINION. CRUELTY HOW. DO NOT WORRY. THINGS WILL BE FINE.  


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