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(Guest)

Marriage by cheating & 498a case, habitual offender

I got married in Nov,2015. .Both are divorcees. It was her 3rd marriage( which was not informed to us). In 30th Jan'2017 my wife filed a 498a case against me and my mother.(Daughter was born on 23rd Jan'17 and Keeping her ICU, they filed 498A). After coming out on bail, I traced her previous victims. In her A) 1 st marriage after taking 20 tulas gold, 5 lacs cash, she gave mutual consent divorce( gold and 5 lakhs cash not mentioned in divorce decree). B) in her 2nd marriage, she filed 498A case against all the family of the husband. She took 9 lakhs cash which was documented in divorce decree. C) In Oct,2015 ( 20 days before marriage with me), she filed a s*xual harassment case against a person, demanded 5 lakhs..In FIR copy and oral statement given to police she told the police that they went to lodges and enjoyed s*x.. Mentioned they having relationship for last 3-4 years, during that time, she is legally wife of 2nd husband and divorce is going on, which shows her character. D) I have email copies of her asking money for s*xual favours, sending nude photos etc.All the news came in news papers along with her photo and in news channels.

I filed a divorce in April 2017petition in court, all the notices were returned stating party not available by bribing postman. and I approached police, FIR was filed in July 2017 based on documentory evidence and statements by previous victims. She was arrested in Sept 2017 and sent to jail, came on bail after 6 days.

In June 2017 she filed divorce petion, custody of child, onetime alimony of Rs.25 lacs for child upbringing.She filed divorce after knowing that I filed a divorce( She took OP no on the notice envelope sent by me thru court, went to court collected a copy of petition).

My brother who is in abroad for last 5 years used to give cash in dollars by hand for my business and to purchase a house on his behalf. I made 26 lakhs in Fixed deposits. in Jan 2017( first week before 498A case), I made a sales agreement and purchased a house in April 2017.in my brothers name.

Now.

1. I'm doing a small business and my vat/GST returns are hardly 50 to,60000 per month. . earning hardly 15-20,000 per month. How the court will treat, while awarding alimony one time or monthly. I have no cash in my bank or in hand.I have 2 children from 1 st marriage. It is on their insistence, I agreed for her continuation of pregnancy as there are no children in their home. Her elder sister is also divorcee

2. As they are professionals, they will not leave easily. Even though if they lost 498A, one time alimony , they may approach high court.( Her elder sister filed 498A case against her husband, lost the case, they took stay in high court, later the husband gave 10 lacs, got divorce)

How to prevent them in going high court and dragging the case for ever.

3. Is it possible to segregate divorce, custody of child and alimony for the child. As both are interested to take divorce, ready to give custody of the child, is it I want to get divorce and possible to get divorce.let alimony case go on.

4. As we filed divorce cases in different courts( I filed in April 2017 and she filed in June 2017) Is it possible to club together and decide in court where I filed divorce petition firsr?

5. As other victims are in different cities, they may not attend as per court hearings and my wish. How can I get their statements legally which will be accpeted by court either by affdavits or any other mode.

This all show was run and directed by her father from behind and all the family members work as a team. How can I put the father behind the bars.

I know I was trapped professionally and have to to give some alimony for the child.Kindly give advice where I can get rid of her as early as possible to live in peace and can give minimum alimony that too monthly to the child

 



Learning

 7 Replies


(Guest)

She is divorcee.  old stories wont matter. Caveat emptor says let buyer beware.  You cant find fault after purchase.  Before purchase you should inspect product, see if it has any defects etc.  You married divorcee? You should also be a divorcee or widower.  

Now if you want divorce, you apply for it mutual consent and take it.  If she is working woman, show it to court, and court wont give her alimony.  For child you have to give alimony till 18 years.

Other ideas of proving old stories are useless and just time consuming, it will take 20 years to do all that, and in the end even if you prove you get nothing but one sheet of paper or that also you might not get.

In court you wont get justice regarding matimonial matters.   This is my practical advice.

If you are looking ofr money, approach some bank.  I dont know if banks have come up with loan for permanent settlement in marriage at decent interest rate for troubled husbands.  For women they might have come with marriage loans already.


(Guest)

Buyer Beware. Correct. It is not a house or object. Nobody in India checks wife, by getting her virginity test and inspecting the product, will any woman stand nude? . It is done by looking in to the families etc. Its a simple thing to understand, if a girl tells she filed dowry harassment case against previous husband and slept with a person in lodges. Even Judge will not his/her son. She used to stay with a husband for 1 month and after 1 year used to file 498A cases.

Understand she was arrested, sent to jail, all the news came in news papers and news channels. If there is no concrete evidence, police will not take any action, that too against a woman


(Guest)
Originally posted by : bvsprao
Buyer Beware. Correct. It is not a house or object. Nobody in India checks wife, by getting her virginity test and inspecting the product, will any woman stand nude? . It is done by looking in to the families etc. Its a simple thing to understand, if a girl tells she filed dowry harassment case against previous husband and slept with a person in lodges. Even Judge will not his/her son. She used to stay with a husband for 1 month and after 1 year used to file 498A cases.

Understand she was arrested, sent to jail, all the news came in news papers and news channels. If there is no concrete evidence, police will not take any action, that too against a woman

This smartness has an answer. 

That answer lies in your wife.  Tell all this to her.  and some more.  People get what they deserve.

You dont need help.  You need some more problems and god has blessed you abundantly in form of your wife.  Good luck.


(Guest)
Originally posted by : bvsprao
Have checked your wife background before marrying? If yes, then I know how to handle b*tches. thanks and donot reply

But you didnt check right, your wifes background.  That is why all this trouble right.  Tell this to her only.. I know to handle b*tches, etc etc. She will file another 10 cases on you.

In the exercise for overpowering her ego with yours, you have missed the beauty of marriage.  Hope you wake up before it is very very late.

And for your informatoin, I have checked my wifes history.  Marriage is about adjusting with each other. Nobody can change the past, what we can change is the present and the future.  Sadly neither you cared about the present nor your wife. Result... both roam to court and now your daughter also will roam to court along with you idiots.


(Guest)

Please do not reply and do n't use vulgar words like idiot etc.When her sister and she filed 498A cases on their previous husbands, where is the beauty of marriage?.

Please do n't reply again.


(Guest)
Originally posted by : bvsprao
Please do not reply and do n't use vulgar words like idiot etc.When her sister and she filed 498A cases on their previous husbands, where is the beauty of marriage?.

Please do n't reply again.

Now I know why your wife left you.

You argue too much. even with unknown people.  With known people you will argue even more.

This is the main reason for your downfall.  Correct this and things might change in new marriage.

useless fellow. 

Nitish Banka (lawyer)     07 July 2018

Posted by: Nitish Banka  Categories: Uncategorized 
 

 

Why your wife has filed false 498a on your family?

False 498a cases are very common in the society and lot of steps has been taken by Hon’ble Apex court also to prevent its misuse. Quashing of false 498a is possible but first you need to know the reason for false 498a

These days false 498a cases gropes all the relatives father, mother sister who may be staying away from the matrimonial home still they become party to 498a.

Here are the reasons wife has filed false 498a cases on your family.

Image result for 498a

1.Money

Your wife may be after your money wants to harass you and your family in false 498a cases. Because mental harassment can cause you settle at a very handsome amount.

2.You refused to give her divorce

If you have refused to give him/her divorce then you may definitely face proceedings under false 498a and 406 and now 377 IPC are common.

 3. Pressure from her relatives

Matrimonial discords are common in marriages sometimes relatives make it a bigger issue. Negative relatives can lead to false 498a cases.

4. She has an affair

if wife having an affair somewhere else and you got to know then also wife can put these  false cases for only reason called harassment so that you may not be able prosecute her for adultery.

What happens in false 498a cases

Police calls in false 498a cases

You receive a call from the police station and on the other line there is an Investigating officer is on the  other side of the line.For one moment panic strikes you and you come to know that your wife has lodged a false 498a case against you and your family.

The Io asks you to visit police station so called CAW cell.

When you go and visit CAW cell harassment starts poring in the IO and other mediators starts pressurizing you to settle the matter. You gain strength and refuse to settle the matter and comes back to your home.

Then again you receive the call from the CAW cell to come and join then again then again….

Image result for 498a

Reasons for harrasment

These calls from CAW cell are against the law and just meant to harass you. Even if you join the mediation  process and attend N number of dates present defence evidence to the IO. Still the CAW complaint gets converted into FIR and these calls fails to stop…

The reason for such calls is done with clear motive of harassment and put pressure to settle the issue with estranged wife and if you fail to settle then FIR is converted.

How to deal with police harassment.

As per the Delhi High Court Judgement they have prescribed certain guidelines which is envisaged under Section 41A of CrPC that a written notice with prescribed format has to be sent to the accused while summoning him to appear before IO. So if IO calls the accused i.e husband and relatives of the husband by making a mobile call that is impermissible as per law.

Anticipatory bail in 498a

Anticipatory bail in 498a is advisable and recommended

A family comes under pressure when they come to know that a FIR under section 498a has been lodged in police station.

The first cause of stress is call be Investigating Officer to join investigation to old parents, husband, husband sister or brother.

The trauma is whether they can be arrested or not.

It is not advisable to visit investigating officer without protection from the court this protection is termed as Anticipatory Bail.

The process of getting Anticipatory Bail in 498a

The chances of getting bail under 498a is quite high as I have already discussed in detail in one of my articles

chances of getting anticipatory bail 498a 

The conditions of anticipatory bail are not very stringent but if they are stringent it can always be challenged. I have discussed in detail the conditions Conditional Anticipatory Bail 498a/406

Now as per the judgement of 498a under Rajesh Sharma versus State of Uttar Pradesh. there is a stay on automatic arrest in the cases of 498a. But this judgement is challenge in higher bench and revisit the judgement.

Judgement on 41A by Delhi High Court

(i) Police officers should be mandatorily required to issue notices under Section 41A Cr.P.C (in the prescribed format) formally to be served in the manner and in accordance with the terms of the provisions contained in Chapter VI of the Code. Model…

 https://www.livelaw.in/delhi-hc-lays-procedure-issuance-notice-appearance-police-officers-u-s-41a-cr-p-c-read-judgment/

Dismissal of false 498a cases(Quashing)

 

Quash false 498a -Vague allegations in Fir The case of 498a can be quashed when there are vague the allegations in the FIR. A FIR is a first document on which whole investigation and chargesheet is based.

 

 

 

 

Image result for 498a quash

A FIR is bible for getting evidence and eventually to secure conviction of an accused based on the evidence, therefore a FIR must contain all the material facts related to an offence. It also must contain all the specific ingredient needed for satisfying an offence and material through which investigation may proceed. if a FIR misses material facts then it is a vague FIR which can be quashed by invoking the jurisdiction of 482 CrPC. Image result for 498a quash Some believe that if a FIR satisfies the ingredients of an offence it is not the case for being fit for quashing but this preposition is untrue under the light of the judgement In R.P. Kapur v. State of Punjab (AIR 1960 SC 866) the apex Court summarized some categories of cases where inherent power can, and should be exercised to quash the proceedings. (i) where it manifestly appears that there is a legal bar against the institution or continuance e.g. want of sanction; ii) where the allegations in the first information report or complaint taken at its face value and accepted in their entirety do not constitute the offence alleged; (iii) where the allegations constitute an offence, but there is no legal evidence adduced or the evidence adduced clearly or manifestly fails to prove the charge. so lack of evidence is another ground for quashing proceedings. A FIR containing quite vague, general and sweeping, specifying no instances of criminal conduct can be quashed even if the FIR constitutes and satisfy the ingredients of an offence. It is held in Vishalbhai Niranjanbhai Adatiya … vs State Of Gujarat & on 9 December 2015 It is a matter of common experience that most of these complaints under section 498A IPC are filed in the heat of the moment over trivial issues without proper deliberations. We come across a large number of such complaints which are not even bona fide and are filed with oblique motive. At the same time, rapid increase in the number of genuine cases of dowry harassment are also a matter of serious concern.

Regards,

Advocate Nitish Banka

(Practicing in Supreme Court of India)

nitish@lexspeak.in


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