Need urgent help for ipc 498

Consultant

Hi,
My wife has filed IPC 498 against me and my family 2 months back just because she didn't like my family. She wanted to stay with me alone separately. I refused. She called her brother saying that i had harassed and beaten her. Her brother stared abusing us and fully supported her like anything.
She also told fake stories to her family on phone and those cheap people started abusing me and my family on phone. This has happened many times before also.
She created a full drama in police station that day and filed a false complaint. Me and my family were taken to court and somehow got the bail.
Now, suddenly she wants to come back as she reminded that she is 5 months pregnant and her family members are threatening us via our relatives that my job is in danger and I would lose it if i don't take back her home again.
My wife and her Mother are saying that they are going to take some strict action against me and my family if I dont take her back to my home as she wants to stay with me. But problem here is that my wife and her family has a very strange and aggresive attitude, they call our relatives, abuse us, and tell threatening dialogs instead of talking politely. Her Nature is like.. event if she comes home back she would again create a big problem to all of us.
Please let me know what else and what max they can do to disturb us.
I am working in a reputed software company in Pune. I am afraid, please let me know if 498 could effect my private job and how can i get out of this problem?
Kindly suggest what should we do now...

 
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Senior Partner

1. 2/4th. worries are already over once you and your side are on Bail.
2. Suggested to take leave from office for a day or two and then calmly decide what you want out of 1-1/2  persons in your life. (first baby is due in about 4 months time remember that too while making an self informed decision!)

Once you have made up your mind like want to invite them back in matrimonial home or you want your freedom out of marital mess then only come back for legal guidance and not before that is my view.


Hint 1:
Once a son has been given decent education and taught to stand on his own two feets and is now making decent earnings coupled with he is also married off, it is right time for the son to start his own nest say living nearest to his parents dwelings and balancing HIS family with fading past generations which is what the wake-up call of S. 498a on a S/w engineer is all about now-a-days, rest you can toto reject my this insight.

Hint 2: Read last 200 replies under Criminal Law Forum + Family Law Forum if you are feeling bored on above suggested holidays when not able to make up mind !


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Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)

Whether there is any chance to live together or not is entirely a personal decision. But right now may not be a good time to refuse to let her come, considering she is carrying a baby and the sympathy would be lined in her favour. With a positive mind, let her come and see if things improve with time. 

There is no great threat to your job by a 498a case, every second techie has faced, is facing or is about to face such a matter, provided anticipatory bail and other necessary remedies are availed at the correct stages. 

This is a ripe stage to send some protective intimations (wife doesn't get to know) by way of abundant caution and for use later if she decides to misuse. Read : bharatchugh.wordpress.com/2012/07/07/how-to-fight-a-false-498a-case-in-india-a-step-by-step-legal-strategy/


Bharat Chugh

Advocate Supreme Court of India


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SR MANAGER

I am also from Pune.You have not told what is the current status of your case.If charges has been filed or not etc.498A is non-compoundable case under IPC.Under no circumstances take back your wife while the case is still there,inspite of the fact that she is Pregnant.Only H.C can make the case compoundable on the basis of your wife's clear/explicit written undertaking that she wants to reconcile and retracts all allegations.But to live conjugal life with a wife who has filed false 498A is extremely diffcult proposition,considering your information that her family is very abusive by nature.what is the guarantee that she will not file any case in future also.At the moment she can at most file additional cases under PWDVA,2005 act,file for u/s,125 Crpc case and Resitution of Conjugal Rights(RCR),but don't get emotional.Emotions and Legal case can not co-exist side by side.Take her back "only" if she gives unconditional apology in writing in the Court that she filed a "False case" and will behave properly in future.In that Scenario even if she files any case against you in future,the genuinness of her complaint will be doubted by Police/Court.Don't worry about Jobs.Everybody knows that U/S.498A is being grossly misused by women and even the DCP/ACP's Act very cautiously and carefully and there are S.C Judgements in the light of false cases.Police in Maharashtra is very careful when 498A cases are filed.Meet the ACP/DCP of your area.


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Consultant

Hi,

Please go through my above message. Now finally, considering all situations I have decided to give one more chance to my wife as she is pregnant also but what I expect from her in future is that she should behave properly, politely and give respect to everybody.

My wife and my in-laws are ready to take the complaint back. And my wife is ready to give anything is written.

Kindly let me know:

(1) What is the procedure now? Who need

s to follow up in court? Is my presence also required there for any reason/in any case?

(2) How long would it take and how much complex is it to withdraw the complaint?

(3) Can I get in written all possible contents from her that would help to probably maintain peaceful atmosphere at my home in future?

(4) My wife's elder brother who had created a drama that day stays in pune. And my in laws live in Aurangabad. I want to file a defamation case against them as unnecessarily they created all these issues due to their Short tempered behavior and insulted us as we were pulled into the court. Kindly let me know whether it is feasible to file such case after 498 is settled and what kind of punishment they will be getting in this defamation case? And how long will this case continue?


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SR MANAGER

If you want to reconcile,then Pls get an undertaking from her and and all those who had given statement u/s.161 crpc that they had given "false statements" and implicated you ' falsely' and place that in the court.May be Magistrate Court will still refuse to entertain that in view of the Non -compoundable nature of u/s.498-A Ipc provision, but in that scenario you will have to approach the concerned  High Court and there it will surely get compounded(reconciled.).In that case you will be very safe.If you are reconciling,then better to bury the hatchet and live peacefully and not think of filing Defamation case at all and open up new fronts(but you can surely cut off from them).It may not be 'defamation case' that can stand legal scritiny  but may be "Malicious prosecution" case,as the requirement of 'defamation ' will be different.If you are forgiving then forgive fully and carry on with your normal Life.Don't waste your life in Court proceedings.It is tiring and is of no use.Indian Judical system is pathetically procrastinating and you will get Old by fighting cases.


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Consultant

Hi,

Firstly, Thanks for the above suggestions those are really very helpful...

As of now my wife and in-laws are in process of withdrawing the complaint. They went to police station asking status of the complaint and confirming whether charge sheet is filed or not.  To withdraw a case charge sheet must be filed to court as per my understanding so far.

But when my in-laws went to police station police staff said charge sheet has not yet been filed and it would take 3-4 months more for doing the same. But on District Court Maharashtra Website - http://court.mah.nic.in, I can find below details against my name:

Reg.Cri.Case: XXXXXX/2012

Filing date: XX-XX-XXXX

Registration date: XX-XX-XXXX

First Hearing Date: XX-XX-XXXX

Purpose of Hearing: Awaiting Summons

Does it mean that Charge sheet has been filed since “Reg.Cri.Case” is generated?

 If yes, can we go ahead for withdrawing the case now?

Is police lying about truth of charge-sheet status as they mentioned that it is not still done?

Please let me know…

 
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SR MANAGER

The Investigation officer(I.O.) is duty bound to hand over to you a copy of the chargesheet along with FIR copy and statements( if recorded )of witnesses u/s.161 of Crpc.If you think that the concerned I.O is playing dirty then immdiately file an RTI with the Concerned ACP,who  is generally the PIO for RTI and asking for all the documents of your case.It is very simple and just require a Rs.10 Judicial stamp (that you can get from any stamp vendor of from the Shivaji Nagar Court),I don't know your detailed address or contact info else could have helped you draft the same.It seems that Chargesheet has not yet been filed.The PIO will furnish you the required info within 30 days.if charges have been filed then you will have to file for discharge u/s.239 of Crpc(but once charges are filed very rarely the Magistrates dare to discharge u/s.239 of Crpc,)else you will have to move Hon'bl H.C u/s.482 of Crpc,at Hon'bl H.C you will surely get relief if your Spouse wants to reconcile and patch up.Hon'bl H.C.has the power and they frequently use that power.

 
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