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trapped in Fraud (Administrative)     13 October 2011

Minimum period for 498a to be filed

My wife stayed with me just 15-18 days.....and she left 4 months back.....She is in full fault of fraud made upon by her and her family upon me and my 


If she is eligible to file 498 or 498 (a)? 




Learning

 6 Replies

Sanjeev (Lawyer)     13 October 2011

There is no eligibility criterion for filing 498A. She can always lodge a FIR stating that she was tortured and thrown out of house by you as she could not fulfill your demand of Dowry. Whose fault or if it is true or false would be taken care during the trial.


(Guest)

write your story in details.Why fault did she committed that she had to leave your/her home in just 

15-18 days?

trapped in Fraud (Administrative)     13 October 2011

Thanks for valuable advice.....

Gagandeep Goel (Advocate)     17 October 2011

Hello There

The time factor is not important in filing a case under section 498A. Even the law favours the fairer s*x in these matters. Only an allegation stating that a demand for dowry was made even without any rightful justification for same can lead the whole family in to trouble.

Even the whole legal faternity feels, that 498A is used as a legal terrorism but nothing has been done to redress the same.

Just make sure that you strike a compromise in writing in one way or the other and try absolving the liablility of the elders in the family as far as possible.

 

Regards

priyanka   30 October 2016

What amount can the girl demand?? Means , does it depend on anything or any amount that she spits out??

ANAMIKA VICHARE (LAWYER)     02 November 2016

The punishment for 498a case is more than 2  years, therfefore, criminal procedurewise , there is no time limit in lodging 498a case.   However , this delay is lodging FIR obviously comes up in questinion in trial.   Thattime dealy ahs tobe explained.  only beacuse there is no time limit, does notmena that Complainant version is gospel truth.   The compaliannt has satisfy the delay in question in trial.

But generally, false cases are lodged becuse law is in their favour, the Police have guidelines taht they must tkae down woman's comoalint as gospel truth and men are not at all entertained, but this should not happen taht is why Men's Rights Orgations have come up.   Men should also be entertained WHEN THEY GO TO Police station for lodging compalint against woman.   However, now with new Supreme cour t guideelines, men acn not be arrested by police and it reqires Magistrates court order.

Anyways, in Indi, corruption ois too much therefore, 498 cases areeasily lodged   Of course you will defintely get acquittal orde.   Not to worry

keeping yourself under dress is very harmful to your menatl, physical and financial health.   So try to know entire procedure and be raedy to face everything and overcome everything

do not hamper your routine happiness...you know you have to do on dates only...

know th procedure fully welll.   and JUST RELAX else you only become enemy to your Mental< Physical & Financial Health

 

further queries can be asked free of charge on my face book A/c

ANAMIKA VICHARE

 

 

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reply shl be given late night

n bespecific

 


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