prateek (analyst) 16 March 2014

My 498a case details - opinion sought

Timeline

Marriage - Dec 2009

Child born - Sept 2010

Wife leaves for her home (with child) after argument - April 2011

Due to anger i did not visit her or child for 3 months after leaving

Finally i could started visiting her home to see my child

After some time i notice child not getting attention and not being treated properly

On Feb 2012 i got the child back to my house. On medical inspection he was diagnosed with Ricketts.

In May 2012 i leave my job with a reputed MNC as i needed to take care of my child (my father was in his last 2 years of service and my mom was also working)

I beared all expenses of child from my savings, nursed him to full health, got him admitted to a play school and few months back also secured his admission to nursery in NCR. Was a stay at home dad for 18 months till my mom left her job in late 2013 and i restarted working in late 2013

After over 2 years of living seprately and the wife showing no intention of reconciliation or giving divorce or visiting child i finally file for Divorce citing cruelty and desertion in June 2013

Mediation fails in Jan 2014 (60L demanded) and wife and party still avoid to file reply citing various reasons

Late Feb i get call from DCW and Mahila commision

I attended ist session of DCW last week with my father and got handed a streedhan list of over 25L!!!!!!! (WTF). I submitted A copy of my case with covering letter (drafted by my neighbour a retired lawyer)

Was given date for counselling end of this months and told if it fails criminal charges will be filed.

NOW my lawyer who i hired last year for filing divorce petition says that no matter what i do it is 99% certain 498a will be filed after the counselling and has advised me to get AP/notice.

What i want to know is that is there ANYWAY i can not have this false and fraudulent complaint to be filed against me. Please advise

Thanks

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4 Replies

great india (manager) 17 March 2014

Your lawyer is absolutely right. Its become a business now. All are hand in glove most of the time. 2 yrs seperation the only way to make you bow is under pressure by false criminal cases lika 498a/DV and 125 and sec 24 hma....... Be bold and ready..... Even a 498 needs to be proven to be prosecuted. Be stone hearted come what may.......as this only can sail you through hardships. Wait n watch..... Don't fight or argue but be adamant on settlement start frm 1 lakh and speak bt judgements denying alimony to wives. If the Kid with you then refuse to.budge

2BHelpfull (Other) 17 March 2014

its not in ur hand whether she will file 498a case or not. its upon her. and base on the case it is quite possible she will file a 498a case ,but her case will be weak as she has deserted u long back.

show court that 498a case is filed after divorse case ,

donot worry u must be having all the proof right from ur child medical report n ur 2 yr job sacrifice.

recently by new amendment in 498a , police will not directly arrest u as soon as she file 498a case, primary enquiry will be conducted n then based on the report ,case will be filed if truth is found.

prateek (analyst) 19 March 2014

Thank you guys. I am fairly confident that both DV and 498a against me will be found fraud as we have been separated for 3 years and the case is already in courts for the past 1 year. However knowing this is India i fear for my parents and dragging of my sister in the court.

Also how can i prove that the wife is living separately since the last 3 years. I only have my neighbours/apartment people or society guards for that. Any other way i can prove that?? rather what would be the best way to prove that..?

Raghav (-) 19 March 2014

i have recently started my practicing but with all my due knowledge i am giving you my opinion.

498a is now bailable . so first if u r feeling like she is going to file case against you under this section ,try to get an anticipatory bail . Then file a divorce suit against her on the basis of separation . As you said both of u have been living separately for last 2 years and so , its an easy task to convey your perception to the judge in this both issues (498a and divorce) .

get things done first like:

1. get the medical certificate of doctors of Your child sickness etc. where ever u had been for the same (from that doctor).

2. get the statements from your neighbourhood regarding the absence of your wife in all the necessary time periods when u need her most .

etc .

hope it will help u somehow .

best of luck.