Upgrad LLM

pls help -


Dear Experts,


Wife has filed false 498a against me & family. Since Police are also aware it is a false case to intimidate me they haven't tried to arrest me. AB is pending before court. Mediation is failed.


Now Police IO called me & saying wife's family wants to take back the 498a case provided I accept their unreasonable demands (to let wife & my kid stay in their house for another 1 year)


I asked the IO why have you filed this false 498a case against me when you clearly know there is no dowry taken nor any demand of dowry. IO says yes there is no dowry harassment but we filed it because of their pressure and only due to harassment, now they are willing to take back their case if you accept their demand. I said I cant accept their unreasonable demand & since I haven't done any wrong, so I'm willing to face the case in court & fight against it to prove it false.


  1. I would like to know if 498a case can be filed even when there is no "dowry harassment" ?
  2. If so, how will the police file chargesheet? on what basis?


How to proceed in this further?

 
Reply   
 
Manager

Police can do any thing.

498a is non-bailable and police just by looking at complaint from woman, can lodge FIR on husband as A1 and family.

Indian law is gender biased. Woman and relatives can always bribe police and can file FIR.

Police can register without any inquiry.

Generally, chargesheet is cut and paste of FIR.

It takes 2 to 3 years to close the case in court.

Generally conviction is very low 2%. It is very difficult for your wife to proove beyond reasonable doubt.

She can write all false stories in FIR and you need to proove in court that allegations are false.

Still if you love your Kid and Wife, use relatives and settle the matter outside.

Else fight the case on merits and it takes 2 to 3 Years for sure.

Let me know if you need any inputs.

 

 

 

 


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Advocate

Mr.Raja_498a replied you suitably. Here you have to see one thing. Even 498-a case if filed against " Satya Harischandra" for dowry harassment ,he cannot be proved himself at an earliest in our judicial procedure. It should take at least 2- 3 possible. In the meantime, you and your parents or your relatives, who involved in the so called alleged case, should have to bare pains. So thinks once again. 


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Reply   
 
Lawyer at Supreme Court of India

Dear,

 

You better wait for the police to file the closure report, because if there case is a weak one then you should not be complying with there unreasonable demands...

 

Advocate Kapil Chandna

9911218741


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Reply   
 
Manager

Remember, police can delay charge sheet for next 2 years also, just to harrass you.

 

Police can clean your wife's shoe (Not all police, but 90% are corrupted), if she bribes.

So make sure you must be alert on what's going on. Also see who are in the witness list.

 
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Advocate

Please concentrate on the Anticipatory bail, obtain it, execute it and be at peace about the case that follows.  If you are sure that you can win the false case, do not submit to the pressure tactics or other type of cruel acts of your spouse, make her realise the life and the difficulties that one has to udnergo due to dubious way of life that she is living now.  


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Reply   
 

Thankyou experts for your kind suggestions.


Yes my advocate is working on getting the AB now as mediation has failed. I'm ready to face the case in court as I'm pretty sure all their false allegations they've made will not stand in the court of law. My advocate advised me to have confidence in the judicial system - even though its damn slow!! So I'm mentally prepared for a lengthy battle.


The FIR filed by them is completely fabricated - making me look like a demon (harassment - beatings, murderer - trying to murder my own kid, womanizer-having 6 gf's etc)


My kid is very much attached to me - it pains me to think she's suffering through all this. So I've tried to reconcile back with my wife - but all my pleadings and reasonings have fallen on deaf ears. My wife says my kid(3yr old) is perfectly fine & infact giving courage to my wife it seems!!! I'm at my wit's end.


Couple queries from me:

  1. How do I find out the witness list? Will it be listed in the FIR ( I don't seem to find it mentioned though) or will it be listed in the chargesheet?
  2. Can the witness be her own parents or can she use any of her relatives ? - so far in my 3yrs marriage none of her relatives have visited me though I've taken her to a few of her relatives houses on courtesy calls.


 
Reply   
 
Advocate

The list of witnesses will be attached with the charge sheet. The witnesses can be her own parents and if she wants to strengthen her false case against you, she may even fall at the feet of the abandoned relatives to include them as her side witness, but do not deter by all these because the justice will be in your side if it happens to be a false case by her.
 
Reply   
 
Other

U may get AB based on merits of ur case and it all depends how ur lawyer handles ur case during arguments in the Hon'ble court of Law.

Better to get AB and fight it out in trial court rather than bowing in front of their demands.

Never ever take 498A wife back, in any case............It is always like giving milk to a snake !!!

 
Reply   
 
Manager

Take ur lawyer to police station and bribe CI and send CC at the earliest.

 
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