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wrt2mang (TECH LEAD)     31 July 2013

My wife first filed section 9 then 498 a fir.. what to do?

 
 
 
 
 
 
Hello forum members,

I am having a different problem/case for which I have not found any answer in this forum so I am posting here.

I was having matrimonial dispute with my wife. She was torturing me for my parents. She was not staying with me as I told to her parents that if she is behaving like this I would not be able to keep her with me.

She was in Gujarat with her parents. Finally she filled a suite against me of Section 9. I got the summon and It was in Gujaratai. I got it translated and I came to know that she did not put any allegation on me and my parents in that. I decided to contest in court to get it sorted out.

But after that( 2 weeks of filing suite) she complaint an FIR against me from her native place. In that FIR, IPC 498 A, Section 3 and 7, 323, 114, 194 (Kha). She has complaint against me, my Dad, my Mom and my sister who was married in 2009 and staying with her husband in different city. In FIR, she has mentioned the incidents of 2009 when the dispute was started. My family is very much scared and we are not sure what to do. We are getting calls from the police station from her native place and they are asking as to surrender. Because of FIR, we are not able to go to her native place and talk to her and police. Please suggest us what to do. I want to get separated from her. Because very first day of my marriage she is torturing me for different different small issues. Please suggest good lawyer in Ahmadabad.
 
We dont have any children.


Learning

 10 Replies

Prashant Agnihotri (Lawyer)     31 July 2013

There is no need to worry bro,Alllegations written in FIR is need to prove in the courts.Respond the summons sent from the courts.if you want separation from her,file a divorce case.

Bhaisahab,sirf FIR mai sections likh jane se apka koi loss nahi hoga,apke upar jo allegations lagaye gaye hai,unhe court mai prove karna padta hai ok.

Prashant Agnihotri (Lawyer)     31 July 2013

How she can prove the incident of 2009 ?You can also file an application infront of Supritendent of police of your district,regarding the fake complaint lodged by your wife & her parents,stating that your wife & her family demanding a money from you & you r tortured & manhandled by her family.& store some evidences against your wife & her family,you can win the case.

fighting back (exec)     01 August 2013

@prashant...........i totally agree with you regarding need to present proof in court regarding harrassment charges. and unless that is presented, the case will be demolished.

but i want to ask, what kind of evidence can a woman provide, who alleges that mental harrassment took place when she was at the husbands home.?

mental harrasment is very difficult to prove, and prima facie a court accepts such allegations, if even false details are created and provided by the wife. like a false police complaint to the police station.
 

I want to ask. what happens if parroted witnesses are created by the wife to create evidence in court?

by parrotted witness, i mean, well trained people from the girls family, fake witnesses who lie in court about incidenences that never took place. they might be well trained by the opposite lawyer to face a cross examination and which they might even pass. then what?

i want to ask about fake witnesses being produced.

thanks

498_final stage (Professional)     01 August 2013

Good Question raised by Mr Fighting Back

Manish Udar (www.Mehnat.IN)     01 August 2013

Apply for anticipatory bail.

Anticipatory Bail 498a

Prashant Agnihotri (Lawyer)     01 August 2013

@fighting back-Bro, if they can use parroted witness,you can also make an parrotted witness.Present your parrotted witness with proper preparation,use other evidences to support your parrotted witness.you can engage their witness by lodging other cases against them,you can force them to give a statement in your favour .....................But these all things r to drag the cases for long time.Finally,the compromise will done.

Prashant Agnihotri (Lawyer)     01 August 2013

I have seen in these types of cases ,compromise is an better solution,but if you want to control your wife,you can file a case against her father or brother by collecting proper  evidence against them to engage them.this will help to control your wife and she will come for compromise.

ashoksrivastava (scientist)     01 August 2013

Immediately hire an expert lawyer at wife's place and apply for AB for all. Discuss with him contents of FIR.

Important points to consider are:

1)Is a case of continuing offence being made out in the allegations to make the case maintainable after 3 years?

and2)  How is jurisdiction created at her place?

Regards

ASHOK

wrt2mang (TECH LEAD)     03 September 2013

Hello


everybody in my family has got the bail. Now what we should do? What should we our line of action?

I am getting threatening calls and messages from wife's family for adding names in FIR and filing domestic violence suite.  I am not sure how she can add the names in FIR? and How I can take action against her? I am getting very disturbed from her calls and messages.

498_final stage (Professional)     03 September 2013

Buy Spice phone and record all those conversations. Make sure you go to the police along with these recordings and get your complaint registered. That will help you to contest the case.

Thats other side of women these days so there are many like you... She will ask for money as well now.... 

Fight for justice and for your self respect. 


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