ABCD (HR Consultant) 05 April 2015

Defending 498a

Case

My dear wife is attacking with weapon 498 a alleging us to beat her & dowry demands. It is court complaint case.Her whole story is false from staying period to till date.

What we did

I applied for complaint to be dismissed as she stayed only for 8 days instead 1 year, death certificates of parent she was not present, no leave record & address as brother,s family & sister don't reside with me, medical docs of mother as another brother including me was busy in treatment., pshychological history of wife which was hidden at marriage time, appointments of doctor by us denied by them.

JM declined and asked for bail before contest. Planning to revise the case.

I made complaint to top levels Official, SC, HC & NHRC as some wrong thing is there.

My first priority to contest 498a, rest things later.

Please advise right/wrong.

Is AB necessary for all.

Please note the total case is fiction, base less & frivolous.

Regards

Victim

Reply Follow

6 Replies

sandykrish (Interested in Family LAW) 05 April 2015

Yes, your understanding is absolutely right. Keep all records evidences stored in a place and only release it during evidence stage. Don't tom tom on the availability of evidences, use it at right time at right place. Take AB for all family members by looking at this your family members name will be taken off during charge cheet. Take a deep breathe and face the trial, as soon as this begins the other party will come for settlement and you take decisions appropriately. All the best.

SAINATH DEVALLA (LEGAL CONSULTANT) 06 April 2015

Apart from what MR.Sandy has mentioned, concentrate on 498 A, and try to come out on merits from UR side. AB in advance for all the family members is not a wrong suggestion.

sunil badolia (mtnl) 07 April 2015

after taking AB of you and your family members, you must move to High Court for Quashing of FIR/ staying of lower court proceeding with all relevant Documents which shows that you and your family members are implicating in the false Dowry case filed by your wife including medical record of your wife and you can file a divorce suit on the ground of fraud play by the parents of your wife U/s 12 of HMA Act 1955 and filed a criminal suit for registering FIR against her parents U/s 156(3) Cr.P.C.

T. Kalaiselvan, Advocate (Advocate) 10 April 2015

Firstly, obtain bail for you and all your family members who have been impleaded as accused in the 498a case. If the charges have not been framed, you may approach high court with a petition to quash the case along with the supporting documents as evidences from your side. Mostly the HC will not entertain the quash petition. If so, concentrate on the case by challenging it with the help of the strong evidences in your possession. Why do you go to SHRC or NHRC or SC for this?, who advised you so?, Do not be so impatient, follow the procedures as laid down, you will succeed.

ABCD (HR Consultant) 11 April 2015

Thanks to all for kind support.

My priority is to bring out Truth & Justice . Yes i brought this case in front of top layers just to tell whats happening around. Although 498a is constituted in good manner to justify the victims but people with evil thoughts made it weapon or joke. I don't have any intention towards my opponents. I am not ashamed of myself being defender in this case its turn of Judicial system. But being the son of Reputed person (President Award) its my duty to come out with truth.

Biswanath Roy (Advocate) 15 April 2015

Don't worry for sec.498-A, IPC In most of the cases it fails . However take AB for you and your family members first and thereafter contest the case on merit.