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Suman (Engineer)     27 November 2013

Fearing of false 498a

Hi all,

My wife left her matrimonial house to her parental house almost a 2 month ago. Our marriage is registered 6 month ago. Since she went to her parental house she is accusing me with impotency issue. her lawyer initially told me to mutually agree for mutual divorce petition. when i gave him a nod to proceed with the formalities he asked for her materials which are in my house. i was about to give him the things when i noticed that she also wants our ornaments which she got from our side. then i contacted with a civil lawyer. My lawyer told me that i should not hand over those item now. he also suggest that to inform her lawyer that we will handover all her items on the same day when she filed a mutual divorce. I informed this to her lawyer. now she, her relatives and her lawyer all threatens that if i do not returned her items within 5 days then i must be prepared for consequences. not only that after i informed her lawyer that he can proceed with divorce system she started sending vulgar, abusive messages to me and my family members.

Am i doing right? what should be my next step. though i briefed the main incidents however if any further information is required please let me know. I am from Kolkata, West Bengal.



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 7 Replies

great india (manager)     27 November 2013

1.Tell her and her lawyer politely to kiss ur a**. 2. Record the mutual divorce conversation. 3. Always be calm and polite and keep recording. 4. Abuses are to ignite you, later you youself wd be burnt in....so chillax man. 5. File a complaint in local p.s.stating facts and threats. 6. Get a recieved copy stamped at earliest and again chillax.... 7. More you keep your cool, more you can think....meanwhile be prepared for a 498/dv/125.... Di worry they're not missiles ti kill you....its a part of harassment procedure authenticated by govt of india against husbands. 8. Go though few old posts in tgis forum some 6 mnths back....till date.... It'll automatically boost your confidence........ 9.chillax is the mantra.....what you can give the opp lawyer is a santra.......!!!!!
1 Like

Pooja Hegde R. (Advocate)     27 November 2013

First make her sign an affidavit saying that you are impotent and since your marriage never had any relationship with her. Also include that you have never taken any dowry from her in the Affidavit. Then tell her you will return all ornaments once she signs this. After that, file for annullment of marriage on the basis of that affidavit. Annulment means no alimony so let her keep all jewels and be free.

uttamtibrewal@yahoo.com (Advocate)     28 November 2013

dear client....

IS there any written contest of their allegation of you being impotent.......... try to record all her conversation and take print of all her sms...

you file a police complain about their threatining and file RCR in family court.... all this will protect you from any steps for 498 or DV case.....

in ur police complain mention she left house with some one and took all her belongings and now demending more money  and using slangs.....

do this as a immediate step........

for any further query do rpely back 

with regards

Suman (Engineer)     28 November 2013

Thanks everyone for your valuable feedback. you would understand my current situation. after she started with the false allegations i also started record all her calls. not only phone calls all the conversions i made with her lawyer also. I already made GD to my local police station stating all these but did not mentioned that she left with all her ornaments as this is not true. actually went to her parental house to meet her elder sister who came at Durga puja.

For impotency factor she only start alleging all these after we met her lawyer. I know i am normal. and most of all the 5 months she were at our house she never told about these. this is totally false.

I already contacted a criminal lawyer who told me to apply for anticipatory bail for me and my family members, although no complaint has been made (as of my knowledge) and she also suggest me that there is no requirement to file RCR.

Even few days ago when my wife's lawyer asking for the ornaments. i requested him to give me the list. to my surprise my wife makes the list and there she written all the ornaments that she received from our side ie from me and my family. since the i was conscious. otherwise i already told him to buy a stamp paper to hand over all the items.

T. Kalaiselvan, Advocate (Advocate)     28 November 2013

Your case is not a remote case.  These things are happening with almost three out of ten recently married cases.  On close examination, it is revealed that in most of the cases only the evil namely "EGO" is the dominating factor for all the social evil prevailing in the country.  These things will not become alright on somebody's advise including the counselling sessions and only time will answer when the arrogant and complacent people toil in the lurch in the late part of the life repenting over their mistakes when it will be too late. Now you do not go for restitution of conjugal rights especially when she has alleged you to be an impotent, instead shield your self by obtaining an anticipatory bail, in case she has not filed any complaint with the police, let it be known that you are trying to get an AB so coming to know about your precautionary  acts, they may not indulge in harming you with false cases.  Do not give her articles as of now you may hand over them on a direction by court to do so after she petitions for it before the court, make her to run from pillar to post to realize her mistakes and do not bother if she doesnt. If she is not interested any more to save the marriage, do not compel her, ignore her and keep yourself very quiet and calm so that she should be fed up in provoking you where you do not react.

1 Like

Suman (Engineer)     30 November 2013

Thanks a lot sir. can you please tell me how she can take back her items without applying for divorce. as a wife i believe that she cant take back her items. Her lawyer threatens me that with a search warrant she will do it. is it true and if it is true how she can. i am afraid that she might take our items also.
 Please help me.

Suman (Engineer)     07 December 2013

Hi all, thanks for your help.

and finally its done. yesterday some police came to our house and incidentally no one is present there at that time. Immediately contacted with my lawyer. In the evening after paying some bribe she got the info about the cases. and it was common. 498a,406, DP 3/4 etc. once i get the full information i will inform. now my lawyer told me that there are two option. either hide now till 18th as that is the hearing date of AB or surrender in court and take bail. she also told that for my mom and sister it wont be problem to get bail. so i agreed and today my lawyer taken them for bail. she also told me that after their bail is granted then she applied for my bail.

am i doing right. is my lawyer advised me rightly because I am no longer believing her, already AB filed and its no use now. hearing date is 12 days later so hiding for 12 days is impossible for me as i worked in a private company.

please suggest what should i do now.

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