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Dev (NA)     22 January 2015

False cases of 498a and dv lodged after 1 year of marriage

Hi,

 

Please consider this case:

 

Husband and Wife have been married for over 2 years now. However, wife lived for a month after the marriage and then deserted the husband. After 6 months of marriage, the husband filed an RCR and till date the wife has not appeared before the family court. The wife in between played a trick and came back after 11 months and lived with her husband for a few days and then again deserted him just before 2 weeks of their first wedding anniversary. She kept saying that she was getting back on the wedding anniversary but post the wedding anniversary (a few days after the wedding anniversary) she filed 498a, DV, and other things that are sold in the market of legal terrorism. So, the wife has not lived with the husband for over 1 year continuously by now. Besides, the RCR has been now declared as ex parted and evidences are to be filed in the first week of this March.  

 

Can this guy get the charges of 498a, etc. dismissed somehow as:

[1] the wife never lived with the family of her husband and she has accused his entire family including parents, married sisters, and so on

[2] the wife got the FIR of 498a registered after 14 months of the marriage and during those months she was not really living with her husband

[3] the wife never attended any hearing of the RCR

 

 

Please show me a way of getting the false charges / false cases of 498a, DV, etc. quashed as this guy is really innocent and has been a victim of personal vendetta on the part of his uncle who got him married with this unscrupulous woman and they both are demanding a huge amount of money.



 8 Replies

M.A.T.Ganesan (lawyer civil &family laws)     22 January 2015

Defend the case of 498a citing the facts stated in your query.Proceed with RCR.it may be helpful to defend the criminal case.

Dev (NA)     22 January 2015

Ganesan, thanks again for your inputs. 

T. Kalaiselvan, Advocate (Advocate)     24 January 2015

In this case the evidences in favor of the husband are very strong therefore he can challenge the case properly and get acquitted.   this is a matter to be considered during trial. You cannot question her that how and why she has filed such cases, this is the type of weapons these immature married females utilise to avenge their husbands and their close relatives.

Dev (NA)     24 January 2015

Thank you, Kalaiselvan ji! Your words that the case is strongly in favour of the husband have made my self-confidence more strong since I have not hidden anything and you have seen the reality expressed in brevity here. Thank you again!

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     25 January 2015

All marriage related cases can be challenged on technical issues first in lower court and than revision in higher courts and exhaust the opponent.

 

Actual line of action can be given after going through the records.

ANAMIKA VICHARE (LAWYER)     27 January 2015

You should have never filed RCR.   Absolutely of no use...now withdraw RCR and file Divorce as she has filed false 498A case, disprove 498A alegations in your divorce petn, you will get a decree...

ANAMIKA VICHARE (LAWYER)     27 January 2015

You should have never filed RCR.   Absolutely of no use...now withdraw RCR and file Divorce as she has filed false 498A case, disprove 498A alegations in your divorce petn, you will get a decree...

Dev (NA)     28 January 2015

RCR was not a product of my own imagination or knowledge. Lawyers here in this forum only suggested me to go for it. Besides, Lawyers outside there in the markets also marketed for RCR whereas I wanted to go for Annulment. 


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