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Amit Bhargava (Manager )     09 March 2015

Need for advice - possibility of false allegations u/s 498a

Hi All ( group of eminent lawyers)

I need the advice for my brother  who married with girl on 28th November 2013 at Jaipur . Below are the facts of the case :-

1. Marriage of  Brother (Rohit) and girl held on 28th November 2013 , at Jaipur. 
 
2. Out of 1.25 years of marriage as on date , she lived with Rohit nearly about 5 or 5.5 months but that not continuously , only in friction . Since 19th September 2014 she is living with her parents and moved away from here on pretext of ill health . 
 
3. During her stay in Faridabad, she often complain about her ill health and not having satisfied with physical relations with brother.  Brother (Rohit bhargava) was doing a job in MNC at night shift (4.00 p.m to 1 a.m) due to this was having time for relationship only on weekends. But ,brother also observed that she also took the contraceptive pills to avoid pregnancy , which sound to be quite conflicting and confusing .
 
4. Brother visited the eminent s*xologist in Delhi - NCR ( Dr. B.K. Roy and Dr. Anup Gulati - Metro Hospital) and had undergone some medical test , which comes out to OK.  Doctors said he is physically OK and identified problem is PME probably due to night shift and physiological reasons and not able to spend quality time with wife. 
 
5. Doctors advice for some changes in life style and focus on active cooperation from wife and on SEX counseling of wife to educate some s*xual facts and awareness. He also emphasize on spend quality time with wife continuously for mental and emotional well being .
 
6. Wife falls ill and visited doctors . Doctors advise her to be in completely relaxed state of mind and be patient and calm , as in doctors eye she was Physically OK and observed her to be quite anxious , impatient .
 
7. In-spite of full cooperation from brother on health ground and against the family and husband wishes , she suddenly moved to Jaipur on 19th September 2014 and since then with family on pretext of some puja for three months . 
 
8. Communication completely stop between brother and his wife  from 1st November 2014 , whenever brother tried to connect with wife and family members , they disconnected the call. 
 
9. Her father visited our family on 27th Dec 2014 to discuss the issue and said brother is "incompetent" which we strongly refutes and said that they need to spend quality time with each other for six months .  Her father agree with facts and reports . Further, he focus on fact that brother should change job from night shift to day shift and request him to visit the house in Feb 2015 for which brother agrees. On the assurance of father brother resign from job in January 2015 keeping his family life in priority.
 
10. On 11th Feb 2014 we received call from her father that they had already made up their mind and provided sufficient time for relationship building on a/c of marriage  and  now wanted to break-off the marriage and wanted to meet for next course of action i.e. settlement .  We tried to convince them for reconciliation of issue and open for all sorts of solution to save marriage, but family was adamant and eager to break off the marriage.  
 
11. Finally , on 28th Feb 2015, Rohit and his two elders brothers from family visited Jaipur at third place to discuss the issue and focus on sorting out the issues at any cost to save the marriage, but girl family members came with closed mind and adamant to break-off the marriage as girl is not ready to come back . They wanted the divorce on mutual settlement and for mutual settlement , demanded from us “reimbursement of marriage expenses, Stri dhan and compensation” to break the marriage mutually.
 
Now, We are in state of fear that, if we do not agree to their demands, we might be trapped in false allegations against the whole family for extortion of money. Hence, request for written advise from your side to save us from this harassment and for possible course of action . So far talks are going on and no formal case is registered against us but we do not agree to their "demands" , false case may be done against us. 
 
Please advice.


Learning

 7 Replies

Kapil Chandna (Lawyer at Supreme Court of India)     09 March 2015

Sir, Seeing your post i can make out that you want to save marriage at any cost, but since the girl and her family are adamant to finish it off... See no one can stop anyone to make false allegations and file a case in this regard ..... But at the same time to be on a safer side you can make a record of discussions and meetings you have with girl's family members.... Second thing is make sure you stop visiting there in Jaipur because that will give them a jurisdiction benefit to file case in Jaipur ..... Tell them to speak over phone or meet some place which is uncommon to both the parties ... Third is fine RCR and get a decree to bring her back .... Last but not the least prepare a settlement deed and ask the girl to come back and if things don't work well then we will go for mutual divorcee and all ... Regards Kapil Chandna Adv 9899011450

saravanan s (legal advisor)     09 March 2015

the girl and her family seems to be particular in getting divorce. dont go for rcr for  a decree even in your favour doesnt have any tooth.if she refuses to join you within a year after getting the rcr in your favour it will lead to divorce only.

sit with her and work out a mou with her regarding maintenance etc etc and apply for mcd.

Sonia Saini (advocate)     10 March 2015

Dear Amit,


Going through the facts stated by you primarily  i can advise you on the following points :


a) If you also wish to take divorce: Try negotiating  the points and terms with her for a mutual consent divorce. In case you do not agree to her terms with her go for a contested divorce . Before she files the divorce you file it in Faridabad so that she goes to supreme court for a transfer in case she wishes to get the case transfered to Jaipur

 

b) If you do not wish to take divorce file a petition for restitution of conjugal rights. Though i would not advise this because as i understand she has made up her mind to divorce you already therefore using this option will only increase you legal hurdle and will not provide any fruitful result .

 

As far as you concern regarding false allegations is concerned please try to document the interactions you have with her family members either through phone or otherwise . Try to record or video record the meetings and conversations . Also try to record or collect documents which establish her educational qualifications or her current occupation status , this will help you for getting the maintenance lowered or avoid it .

 

The statergy should be to understand what their next move can be. In all situations please start collecting evidence it will help you in your divorce case or for defending if they allege a false 489a against you.

 

I can be consulted at the below mentioned details for certain legal advice and further proceedings .


Regards,
Adv. Sonia Saini
S S Global Law Firm
Work Phone : 91-9873658554
Email: sonia@ssglawfirm.in
www.ssglawfirm.in

 

Amit Bhargava (Manager )     10 March 2015

Hello Sonia madam, 

At first thanks for prompt reply .  Request to reply on following points

1. My brother was not ready for divorce but girl family is adamant on divorce and seems that whole marriage was scriptted  and planned to extort the money and girl made up her mind on 28th non 2014 on the day of marriage aniversary and despite that, girl father visited our house on 27th Dec 2014 and look open for resolution of issue .On his assurance brother quit his job and now out of job and under gone mental agony too . Now her parents are demanding 16 lacs for divorce on mutual consent , which we can not pay although we are discussing it with our relative , if can be settled out of court .

2. We feel that our ground is strong as they do not have strong reasons for break off of marriage and all reasons discussed in meeting is baseless as girl is not ready for counciling as per doctors advice . however we feel that ,if we do not agree to pay money , false allegations can be created .  Please advice whether can we apply for anticipatory bail and can we get it before FIR ?

3. Brother is nor ready to file for contest divorce as we feel that it can week our case as we demonstrate to save marriage at any cost from our side , even ready to live separately but girl  is not ready to come back and want money for out of court settlement . Please advise if girl is file for divorce , them also whether brother would liable to pay alimony and maintenance  expenses ? Please note that we do not know whether is working or not in Jaipur . Educational  qualification is B .ed

Sonia Saini (advocate)     10 March 2015

Dear Amit,

You should not bend down to her demands and should not at any costs give her 16 Lakh Rupees. If you are very certain that these people had hatched this conspiracy before marriage to frame your brother and his family in a false498A , file a petition for restitution of conjugal rights .. This will serve twin purpose first is that the girl will be forced to return back and live with your brother and second is if they try to get a false 498a registered , this will help you to prove before the court that you do not have a guilty misconduct and are being framed falsely.

It can also help you get an anticipatory bail . Secondly the girl can offcourse ask for maintenance and alimony but it is a matter which has to be contested and decided by the court . The court will decide this considering the fact that whether the girl is in a position to maintain herself or not, what is her educational qualification, how qualified your brother is and so on and so forth .

I can be consulted at the below mentioned details for certain legal advice and further proceedings .


Regards,
Adv. Sonia Saini
S S Global Law Firm
Work Phone : 91-9873658554
Email: sonia@ssglawfirm.in
www.ssglawfirm.in

Sushil (nil)     12 May 2015

I am a victim of DV Act 2005, which has been filed by my wife taking attack is the best defense for her adultrous relationship, which i have strong evidences. need some opinion  personally for divorce

saravanan s (legal advisor)     13 May 2015

dear sushil you got to post your query in a seperate thread and your question seems to be vague.can you elaborate


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