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vicky   02 July 2017

how get free from 498a and crpc125.

my wife had file 498a on me and my family members who leaves in mumbai from delhi on Dec 2015 and also 125 crcp on me.she leaves in delhi.
we got arranged marrage at my neative place himichal pradesh on nov 2009 and started leaveing in mumbai ,we have 5years daughter.
i work aborad for 9months and comes on leave for 3months. whenever i went to work i left her in delhi for 3years /2012 it worked, but after she started leaving in delhi,so i purchsed a flat on jan 2014 on her name and went to work when i came back she refused to let me go abroad and started working at delhi in 2015.
but after 3 months on some agurement on family she filed a 498a and 125 crcp.
i response i filed 9a case hindu marriage to join me back on dec 2015 but she applied for transfer at suprem court but got retected on jan 2017.
now i have an fir 498a against me and my parents and all and 125 crpc in family cort.....
please tell me what to do .....she not comeing on any date in mumbai.....


Learning

 12 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     02 July 2017

Sir, 

 

Share the copy of the FIR and complaints, let me see what can be done. 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450,9911218741 

https://kapilchandnaadvocate.wordpress.com/

1 Like

vicky   02 July 2017

can i go a haead with 482 and 91 crcp against her.....just to know it will work.

Raja_498a Victim (Manager)     02 July 2017

Prepare for 4 to 5 yrs of battle and will be freed.

vicky   02 July 2017

i am feedup with in this two years.......dont know whether to apply divorce by myself or wait for her.......

A walk alone (-)     02 July 2017

If reconcile is possible then go for it for better future of your daughter , because after divorce you both can remarry but what about your daughter. If last option is divorce then negotiate her and go MCD.

vicky   02 July 2017

i have done three concileing since now , one from women cell ,distict court and another from supreme court.....but failed.......what is MCD.

Siddharth Srivastava (Advocate)     03 July 2017

You must be clear that you can not force your wige ti live with you. Coolect all materials which may be help ful to you. Contest the case filed by your wife and also file divorce petition against your wife. Consult a lawyer with all details.

Kunuthur Srinivasa Reddy   13 July 2017

Let me not be misunderstood for providing this reply which might sound as fiction. Tact  is required than truth in  dealing/ handling human relations now a days. Expectations are growing in log proportion in wife and husband relationships, essentially borne out of never ending greed for quick wealth and material possessions which has almost replaced real love. 

In this context Lord Krishna's life depicted in Mahabharata with special reference to his consort Satyabhama who wanted Parijata tree from heaven to be gifted to her by Lord Krishna inlieu of a flower Parijata given to Rukmini his wife and subsequent humiliation faced by Satyabhama is well known or can be known via website. This episode serves as an excellent lesson for life in handling marital relationship. I exhort the

importance in being cleaver, shrewd and tactful in maintenance of wife and husband relationship independent of times. There is no point in opting for judicial remedies as they are never ending particularly in India. In this context, successful s*xual relationship mutually satisfying will go very long way in marital management. Sex does not mean always intercourse but it could be a simple fore or after play. 


(Guest)
Originally posted by : vicky
my wife had file 498a on me and my family members who leaves in mumbai from delhi on Dec 2015 and also 125 crcp on me.she leaves in delhi.we got arranged marrage at my neative place himichal pradesh on nov 2009 and started leaveing in mumbai ,we have 5years daughter.i work aborad for 9months and comes on leave for 3months. whenever i went to work i left her in delhi for 3years /2012 it worked, but after she started leaving in delhi,so i purchsed a flat on jan 2014 on her name and went to work when i came back she refused to let me go abroad and started working at delhi in 2015. but after 3 months on some agurement on family she filed a 498a and 125 crcp. i response i filed 9a case hindu marriage to join me back on dec 2015 but she applied for transfer at suprem court but got retected on jan 2017. now i have an fir 498a against me and my parents and all and 125 crpc in family cort..... please tell me what to do .....she not comeing on any date in mumbai.....

For 498a you need to return back the dowry that you took from her, apologise to her, and ask her not to appear in court or else you will go to jail.

For 125 crpc, you need to pay money to her, monthly or can pay once for a lifetime also, depends on your financial capacity.

Settle amicably.

Rajendra K Goyal (Advocate)     13 July 2017

You have to defend the cases against you with the help of some expert lawyer.

 

Raja_498a Victim (Manager)     13 July 2017

Nothing happens in 498a. Just fight the case on merits. Conviction rate is as low as 2%.

So prepare to fight the case for next 2 yrs. It is not possible to prove beyond reasonable doubt.

 

Raja_498a Victim (Manager)     13 July 2017

You need not say apology to stubborn lady who filed case agaist you. Even if Judge is biased at lower court

You can file appeal in session and in high court and nothing happens.

In almost all cities all 498a cases will be dismissed saying prosecution failed to prove the case and accused is not guilty.

 


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