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suresh (hhh)     16 February 2010

My wife filed FIR against me will it affect my careers?


My wife filed FIR for false 498a against me and my parents.....i got bail and signed in local police station for more than 25 days...and got relaxation also....I'm jobless now...but whenever i apply for Govt jobs and private jobs...as a background check, they are asking as "any criminal case?"....will this false 498a come under criminal case????

If i say that i have criminal case, then its difficult for me to get a job...

did anyone face this situation? Give me some advise...shall i hide the case from my employer during interviews?

I'm helpless..please help me...

In addition to this, i have valid US visa from my previous employer. If i get placed in US based company, will this case create any problem during travel to US?



 16 Replies

S.B _Kolkata (Service)     16 February 2010

Dear Suresh.

Please go through the following points as enumarated herein below first:

1. 498a case is a criminal case, If you will convicted by the court you will be punshid by imprisonment and or fine upto 03 years.



2. You can not hide the fact, because for Govt job you will be varified by police and after getting negetive answer from their end you must be terminated, secondly you may suffer for "supression of fact" case.


Lastly I wish you all the best, though I am not a lawyer but got some good suggestion from this forum and I am sure that you will be getting more help and advise from here, keep in touch with us. Give a good fight, dont compromise with them at this stage or rather it is not required at all.

God bless you..





3. You have got the bail by court and must be some provision, mainly to help the case for its proper investigation, your presence as per the requirement is mandetory, So dont try to fly away untill it settled.

In false dowry case, when you got the bail it seems that you hsave won half the battle. Now concentrate to prove yourself as innocent before the court.



5. I suggest you to get financial help, you may apply and join in pvt job. It is essential to you to have a money flow in your hand as you are to gone through the Indian judiciary system.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     16 February 2010

498a is a criminal case. if there is a column and they specifically need this information, then write in the coloumn - 'a 498a case pending'  do not write much more about the case, and do not hide. if you hide it now, it may effect in future.

when you got bailed the court perhaps ask you that whether you have passport or not? if you have passport and said yes then it will be noted by the court and the court instruct about the passport. however  you have to ask permission from the court before you leave India. This is compulsary. please do not try to avoid it. in case of avoidance, the court may declare you as an absconder and additional charge will be framed in this issue.mind it your wife's party always watching you.

always remain within the law - it is benificial to a common man. better you press the court or go to highcourt for a quick decission. if your hc lawyer advise file a quash proceedings under sec 482 of crpc at hc, - for the 498a.

S.B _Kolkata (Service)     16 February 2010

Sorry, please read the "lastly" paragraph at last.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     16 February 2010

" it is essential to you to have a money flow in your hand as you are gone through the indian judiciary system" ..............ha ........ha ................ha................

Mr rajkumar your serious advice makes a good joke.

Alok Motan (Advocate)     16 February 2010

hey bro....

save ur life first...then ur career..........ur life is at stake bro.......concentrate to get out of this hell first ........and u cant hide things for long from anyone...either ur employer or ur near ones.....once the case will start......u need to appear regularly and blah blah before the court....and all records will be available with Police....so if any enquiry is made, u will be caught..........

Fight back or ...........  god bless.......

Hardik Mehta (Family Counsellor)     17 February 2010


What does your bail condition say? If the bail condition says that you should inform the court before leaving India or take the permission from the court, then you need to adhere to the rules before going to US for job. Everyone knows that this is the false 498a case and you will get the exemption if you apply for the same.


Secondly, since you do not have the job, then you can file for the divorce on the grounds of cruelty and in the same petition file for maintenance u/s 24 HMA. Only in this sections husbands are allowed to file the case of maintenance with the conditions that you are having at present. Your wife will have to give you the maintenance, how so ever small. Try for the jobs and in private jobs, do not disclose the truth if not asked.

Preeti Wadhawan (CS & Legal Manager)     17 February 2010

Dear all,

One of my relatives is also under the same situation. A false case has been filed under 498A and he has got bail. I want to understand normally how long it takes for court to settle the matter (Haryana Court) and also I have heard about mediation centres opened recently to quickly settle off these cases. What is procedure to go to such mediation centres when the matter is pending at court. Can we get the matter transferred and if so are such centres good. Thanks for your help.



suresh (hhh)     17 February 2010

Hi all, Thanks for your replies and advise.....Mr Hardik, they didn't mention anything abt leaving india in my bail.....my wife is doing her higher studies peacefully and she scored CGPA 9(college topper).....she joined the college and mentioned her maritial status as "single" after the marriage.....so she is not earning also...i'm not able to join the job bcus of this criminal case...i'm mentally depressed bcus of this...

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     17 February 2010

ms. preeti, the case of 498a, whether false or genuine will be decided by the concerned judge only. in general, no specific time bar fixed. for a quick decission you may pray at the same court. you may go to high court under sec 482 of crpc, but before witness generally hc will not quash the case. you also go to appeal before the chief justice of district court also.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     17 February 2010

mr suresh, you are luckey fellow.  in a marriage others get a wife only, there you got a 'toper wife'. better you ring her and get the matter selttled between you two. then you will be  in the toppest.. 

in private, there is less restriction regarding criminal case etc. you may try for  your own business also.

S.B _Kolkata (Service)     18 February 2010

Dont be depressed. to day in our country this is the common problem in numbers of family. Dont get tension, You are so lucky that have got the bail... Now the ball is in their court. You just collect various evidence to be orve yourself as innocent before the court. Give a good fight against the  498a  misuser, We all are with you.

Best of luck.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     19 February 2010

I do agree with choudhary.

Parth Chandra (none)     19 February 2010

Respected Mr. Choudhary,

When you say...collect evidence for your innocence....I would like to know what kind of evidence an innocent person can collect if he has done nothing and the opposition is charging him for physical,mental harrasement, dowary charges, tried to kill her by trying to throw her out of second floor window, threaten her on telephone, forced her to abort, falsly alleging her of adultery....etc..etc?

What if they produce wrong witnesses (mainly from their family and friend)?

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     19 February 2010


her alligations is the base of your evidence.

As an example -"tried to kill her by trying to throw her out of second floor window". The normal question here is - who saved her from throwing her out of second floor. your lawyer will ask her 'who saved?' suppose she tell a name. 2nd question is 'on which date, at what time?'  she told - a date and time. 3rd question in which room, how many doors and windows are there?' she answered. now call him  through court, that person who saved your wife. in his witness suppose he say 'yes, i saved her' next question to him ' at what date and time' he told a date and time. but it is not matching with your wife's date and time,then it easily understood your wife tell lie at her evidence. after getting charge sheet  you will easily understand, what to ask?

actually it is job of a learned advocate. your adv will cross her and her advocate will cross you. all will be recorded by the court clerk under the supervision of the judge. do not worry, engage a reputed criminal advocate for this purpose.

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