XMMHelp616 (WAS) 01 March 2013

Need expert advice in 498a case

Hi,

Below is the brief of 498 case, I need your expert advice please, to solve the matter & to deal with the problem which boy & his family currently facing.

1. The intercaste marriage of two disabled was solemnized at X place on 10-05-2011 with no dowry .Girl came to sasural at Y place.
2  After 3 months, the girl went to her matrimonial house X place 0n 13-10-2011 to celebrate function but did not come back to Inlaws.
3  The girl approached Mahila Police thana at X place in first week of July 2012 complaining against her husband & in-laws.
4  Counseling was done at Mahila Police Thana at X place on 10-07-2012 & the girl stressed only for the Divorce & to return her Stridhan & with condition that divorce petition was to be filed within a short period.
5 The divorce petition not filed by girl nor cooperated for mutual divorce petition as agreed in counseling so the husband filed divorce petition at Y place on 25-07-2012 and a notice was sent to wife requesting to whom handover her stridhan against receipt but the wife kept silence.
6 On the contrary, the wife filed FIR 0n 05-09-2012 at Mahila police thana at X place against Husband, & in-laws under section 498a,426 &323 alleging marpeet & demand of dowry though all the incidents are of place Y .
7 The in-laws got anticipatory bail at X place session court & husband could at High court.
8 After bail of in-laws, they handed over all the stridhan to the wife through Mahila Thana at X place.
9   Meanwhile a petition was also filed by husband& in-laws at High court under 482 on 24-11-2012 to quash 498a.
10 The challan was filed by Mahila Thana on 06-12-2012 at X place court.
11 Now when 482 filed prior to challan, & fulfilling of all conditions of counseling whether High court can exercise its power to quash 498a under 482 as the FIR was a after thought to harass & extort illegal money from the husband who is severely physically challenged as agreed by the wife in counseling note also.
12 Further the matter was also referred to Mediation center at Y-Place as ordered by High Court where the wife again insisted on 20-02-2012 for Divorce but demanded Rs 15 Lacs as one time settlement amount as such the Mediation failed. as the last offer from husband was for Rs 5 Lacs.
13 As of now FIR quash has been rejected at HC.

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2 Replies

Vikash Kumar (Home tutor) 03 March 2013

Even i am facing the similar situation here, i am from bangalore and i want to know how difficult is it to get the AB for the husband?

Regards

Vikash kumar (9739765945)

M Chaturvedi (Business) 05 March 2013

Dear XMMHelp616:

On what grounds has HC rejected Quashing of FIR? I mean, Had the Quash petition come up before the Honourable Judge & arguments done and since the Honourable Judge was not satisfied with the presentation and arguments of your case so the H'ble Judge Rejected the Quash Petition OR The H'ble Judge had simply suggested mediation so he rejected the application for time being?

If you have really not done any wrongful deed against your wife, nothing will ever happen to you or your family. I know its easy to say and practically face it. I can say this because we have faced such situation. Facts automatically started pouring in for us to open the wife's lie in court. Initially it would be difficult, but, a small link can lead you to a big fish.

A woman who is getting married & her family who are marrying their daughter with a person who is going to be her life partner don't even care or even ashamed to take her husband & her in-laws to police station & court. These are mentally poor people. They don't even think what are they doing. They consider husbands & his family cruel, but, what about their cruelty?

These Laws 498A, DV Act, Etc... has actually given a girl & her parents a very good business opportunity - To legally extort money from husband & in-laws. THIS IS WOMEN EMPOWERMENT. Even a small kid can kill 10 people if those 10 people are helpless & weaponless & the kid has gun in his hand - Not a big deal.