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Pankaj Kanodia   19 May 2018

quashing false 498a

my wife family have filled a false 498a and dv and dowry case. we got ab in the case and got them permanent. the fir is non specific and there is no materials found my io in Prima facia. now to pressurize us she took both daughters after the 1.5 months by force. she is very short temper and always used to beat child. she wrote in fir that I am going to marry a girl and gave a number that was my office number. gave a name of a person in my family which do not exits

1) SOd I file rcr or quash of fir
2) how much time taken for quash
3) in this incident my dad got hospitalized due to cardic issue will this help
4) I want now divorce but they are saying no. financialy I'm not very strong
5)aftwr quash can I file defame, divorce, and criminal case for false fir.
6) I think they are about to file a new criminal case now that I used her to take loans and threw her after it. we have joint house loan.
7) I want my kids back age 2.5 and 4.5y as they have never stayed with her.
8)agter quash I file divorce Cass plus criminal plus civil case will it pressurize her. what are the cases I sod file


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 6 Replies

Helping Hand ! (Advocate )     19 May 2018

Originally posted by : Pankaj Kanodia

my wife family have filled a false 498a and dv and dowry case. we got ab in the case and got them permanent. the fir is non specific and there is no materials found my io in Prima facia. now to pressurize us she took both daughters after the 1.5 months by force. she is very short temper and always used to beat child. she wrote in fir that I am going to marry a girl and gave a number that was my office number. gave a name of a person in my family which do not exits

Allegations will remain allegations unless something is proved. If nothing is proved, not to worry.

1) SOd I file rcr or quash of fir

You file RCR if you want guaranteed divorce.  File for quash if you want to spend money on advocate.

2) how much time taken for quash

That cant be told.

3) in this incident my dad got hospitalized due to cardic issue will this help

Your dad getting hospitalized due to cardiac issue has no connection with you taking dowry and not taking dowry.  If you people could not handle all this, you should not have gotten married.

4) I want now divorce but they are saying no.

FIle RCR.  You will get divorce if your advocate is smart.

financialy I'm not very strong

If you are not financially strong with what guarantee you got married?  That MODI will give 15 lakhs ?  That was a election time lie MODI told and fooled people.  One needs good financial backup to stay married.  Without money if you get married you will not have value in eyes of wife and children and society.

5)aftwr quash can I file defame, divorce, and criminal case for false fir.

First getting 498a quashed is not easy.  You better compromise with wife, pay her huge alimony to take cases back.  By the time you prove that you are innocent your lawyers would have built 40 30 house by your blessings, you would have lost all the money and still not finished up with 498a.  That will take 20 years. After that you want to file case on wife? You can if you still be interested in all this after 20 years.

6) I think they are about to file a new criminal case now that I used her to take loans and threw her after it. we have joint house loan.

Then you should compromise with wife and ask her not to file cases on you. 

7) I want my kids back age 2.5 and 4.5y as they have never stayed with her.

For tht you need to prove you ae financially strong, throw money at wife, throw money at lawyers, then one day before they turn 18 you might get custody of girl children.  That also no guarantee.

 8)agter quash I file divorce Cass plus criminal plus civil case will it pressurize her. what are the cases I sod file

If your 498a gets quashed by some chance.  You immediately file immediately RCR petition family court (if you want guaranteed divorce).  If you have lot of money and time to spare then file any of the following after discussing with a advocate in person.

IPC 191: Giving false evidence, judicial perjury
IPC 192: Fabricating false evidence
IPC 193: punishment for offenses u/s 191 & 192 IPO
IPC 194 & 195: Aggravated forms of offenses u/s 191 & 192 IPO
IPC 196 to 200: Offenses punishable in the same way as giving or fabricating false evidence
IPC 201 to 229: Offenses against public justice

You should leave the idea of filing custody of children, file visitation petition and followup.

You should file RCR and try to get divorce.

You should compromise with wife and let her take back cases.  Pay alimony to her huge and take mutual divorce.

You should rejoin with wife and children and try to adjust with them for sake of childrens future.  As all these cases wont get your wife a penny as you aer not finanncially well off. Nor will you all be peaceful, it will have bad impact on girl children 2.  Their future will get damaged due to your court fights.  Shame on you both that you could not adjust with each other even after adjusting with each other in bed.

 

Which option is best you think and adopt.

Kumar Doab (FIN)     19 May 2018

The title of the property is in joint name?

Is your spouse paying her share of loan?

Are you paying your share (and share of spouse)?

Are you staying in the property under loan?

Have you ever asked prevented your spouse to enter this property and reside?

If title is in your name alone and if possible for you can you pay the debt and get properly ownership docs?

Can you establish with irrefutable evidences that your spouse is child beater, cruel, irresponsible and unworthy to raise the children?

Are you willing to take custody of children and raise them?


(Guest)
Originally posted by : Kumar Doab
The title of the property is in joint name?

Is your spouse paying her share of loan?

Are you paying your share (and share of spouse)?

Are you staying in the property under loan?

Have you ever asked prevented your spouse to enter this property and reside?

If title is in your name alone and if possible for you can you pay the debt and get properly ownership docs?

Can you establish with irrefutable evidences that your spouse is child beater, cruel, irresponsible and unworthy to raise the children?

Are you willing to take custody of children and raise them?


Why are you posing so many questions to the querist? Do you get some kind of sadistic satisfaction by replying in this section when you dont even have a Law degree?

 

1 Like

(Guest)

Mr Helping Hand has given the best solution to your problems. You may follow the advice.

Pankaj Kanodia   19 May 2018

The title of the property is in joint name? yes

Is your spouse paying her share of loan? yes

Are you paying your share (and share of spouse)?

Are you staying in the property under loan?

Have you ever asked prevented your spouse to enter this property and reside?

If title is in your name alone and if possible for you can you pay the debt and get properly ownership docs?

Can you establish with irrefutable evidences that your spouse is child beater, cruel, irresponsible and unworthy to raise the children?

Are you willing to take custody of children and raise them?

Pankaj Kanodia   19 May 2018

I want my kids back. and want divorce. and need to prove she is wrong

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