Wife went abroad after filing false 498A, DV Case

either you pray for Discharge before the Trial Court or move a Quashing Petition before High Court under S.482 Cr.P.C

For the purpose of quashing the complaint (sec.482 of cr.pc) it is necessary to consider whether the allegations it is necessary to consider whether the allegations in the comlaint prima facie make out an offence or not.

YOU FILE DISCHARGE APPLICATION U/S.482 OF CR.P.C..OR FILE APPLICATION FOR EXPIDIET MATTER AND PRAY FOR EARLY HEARING IF YOU STRONGLY PROVER YOUR DEFENCE.

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.09325226691, 09271971251

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

REGARDING 498A CASE KINDLY NOTE THAT.

1.YOUR WIFE HAS FILED THE CASE UNDER SECTION 498A OF I.P.C. TO THE POLICE STATION AND POLICE MUST HAVE SENT IT TO THE COURT .YOU HAVE SECURED BAIL.

2.YOU MAY FILE A PETITION TO THE HONOURABLE HIGH COURT OF JUDICATURE UNDER SECTION 482 OF C.R.P.C.FOR QUASHING THE SAID COMPLAINT AND F.I.R.UNDER SECTION 498A OF I.P.C.

3.HIGH COURT WILL CALL SAY OF STATE AND UP ON HEARING THE LAWYERS AND GOING THROUGH THE DOCUMENTS AND EVIDENCE ON RECORD ,HIGH COURT MAY QUASH THE SAID FIR.PLEASE NOTE.

IN CASE ANY FURTHR HELP IS REQUIRED KINDLY SEND DETAILS OR PLEASE CALL

WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.

THANKING YOU

YOURS SINCERELY

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

file a application to ghigh court  under  section 482 to quash the FIR

Legalfighter,

If you wait to get relief from indian court from that runaway person's complaint you have to wait for ever.

1. Get a certified copy of the legal proceedings going on in the courts including if any court order against that absconding complainant asking for presence in the court.

2. Send those copies to the homeland security or immigration authority of that complainant's foreign country and notify them that there is a legal procedure pending aginst that person and  need to be present in the court for the trial.

3. Also send the same to the indian embassy in that county.

4. You will get better relief indirectly. Better than waiting and rely on indian court.

5. Don't waste your valuable life time by waiting for a false case trial.

LegalFighter,

Best way to fight the case is to tell the court that she is not in India and run away after filing the false case. If you know the date she has run away from India and the place, then this would be helpful.

After that, request the court to issue the bailable warrant first, and if she does not appear, issue the NBW. On the issurance of the NBW, just apply for the quashing of the case and counterfile the case of malicious prosecution u/s 211 read with 181 of IPC. Wait till the NBW is issued against her.

My friend, the only way in my openion is to crush them. What exactly has happend. She is trying  to make some money. she should not  get it. When she dosent get any money(i mean even a single paise) she will realise that there is no point in fighting with you. Well why are you paying her in the first instance???? why, Why Why???? paying maintenance is not going to solve the problem but it will definately aggrivate it.

Earning money is not a crime.but getting it this way is immoral to say the least. So please stop paying her. Yes i agree there is your child and this will be difficult for you. But you need to be emotionally strong. Sorry this is personal for you and i dont mean to invade your privacy, but say to them that you will take care of the child and get your child from them.

Get anticipatory bail for your family and yourself. Put pressure on them where it hurts them the most. Contact the bank which has given them loan and ask them to recover the loan(well they will be doing it anyway, its their money) and banks are not soft people they know how to take their money.