Anonymous (SE) 20 January 2012

Can i file a cheating case being accused in a false 498a.

Hi,

I was accused in a false 498A case 4 months back. And they have also filed seperate DV, Maintenance and Conjugal rights cases. Trail was not started for any of the cases. For 498A even the Chargesheet was also not submitted.

I am financially almost 4 to 5 times stronger than her. They are not having any materialistic evidences for 498 other than some of their people giving fake evidences. In 498 they have mentioned that we were asking for a additional dowry of 5 lakhs. But when it comes to MC they have submitted my property documents, which they got using the Right to information act and they also mentioned that i am having a monthly income of 53K. I am also having her call records which tell that she got engaged with some other person almost 1000 times in a month. But that doesnt tell who the person is.

My questions regarding these are:

1. . So how much strength this 498 have?

2. She is pursuing a MTech course in Hyderabad under management quota by paying a yearly fee of 57k. So in this case can she go for a MC case?

3. How much time does the police have to submit the Chargesheet and is this a positive or negative for me as so much time is taken?

4. Just 2 days back i came to know that she got a scholarship under EBC(Economically backward class) quota during her MCA III year in 2009. which is not a fact and they have created a fake income certificate. They are having four acres of land which gives crop twice in a year which can be proved. And both her parents are working during that period in private jobs which cannot be proved as there wont be any documents regarding these jobs. So can i file any case based on this ground?

Can anybody please answer my queries which will be a great help to me.

Thanks in advance.

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36 Replies

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152) 20 January 2012

My ANSWER regarding these are:

1. So how much strength this 498 have? NIL :DO NOT WORRY 98% 498 FAILS

2. She is pursuing a MTech course in Hyderabad under management quota by paying a yearly fee of 57k. So in this case can she go for a MC case? WHY U WORRY ?

3. How much time does the police have to submit the Chargesheet and is this a positive or negative for me as so much time is taken?+VE WHY YOU HURRY?

4. EBC: . fake income certificate. You do not think –ve. Let her get advantage for study; why you worry for that??

Anonymous (SE) 21 January 2012

Thanks for your suggestions Sir,

When it comes to Question No:2.

2. She is pursuing a MTech course in Hyderabad under management quota by paying a yearly fee of 57k. So in this case can she go for a MC case? WHY U WORRY ?

When she can pay 57K and purse a MTech degree under management quota, then how can she go for a Maintenance case mentioning that her financial position is bad? All i want is not to pay a single penny in this case as i was already disturbed and cheated by her in life.

Please advice on this.

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152) 21 January 2012

2. She is pursuing a MTech course in Hyderabad under management quota by paying a yearly fee of 57k. So in this case can she go for a MC case? WHY U WORRY ?

Please advice on this. aS FAR AS YOU ARE NOT LOOSING, IF SHE PAY 57K OR WHATEVER, U NEED NOT THINK OF IT.

U THINK, U GET DISRUBED, SHE IS GOING FOR HER IMPROVEMENT OF CAREER & LIFE, DO YOU WANT TO BE DISTURBED AND SPOIL UR CAREER?? WILL IT BENEFIT YOU??

You do not think –ve. Let her get advantage for study; why you worry for that??

RELAX & ENJOY UR LIFE.

SHE IS SPENDING FOR GOOD CAUSE. EDUCATION IS TO BE SUPPORTED AT ALL COST.

aS I GIVEN EXAMPLE OF ONE OF MY CASE, A tOPPER up GIRL, MARRIED AS PER THEIR CUSTOM IMMATURE, WAS , <B.Sc. tOP ,90%> <Study M.Sc., and my opp Husband do not want her to study, My job, not to break h-w relation, and let her complete M.SC. Also,

ZThru Opp adv I have to pamper, also get Mtn, aslo see, he do not keep a another girl, or break relation, and so on. It worked. Today, h-w living happily with htheir new born baby. All disputes and problem get immediately dissoved in bottle of Alcohol and in bed.

Anonymous (SE) 21 January 2012

Sir,

I understood that as she is going for higher education that is good only.

But she has filed a maintainance case on me and wants me to pay 5k per month. This was my problem not her higher education. So all i am asking was how to escape or reduce the burden of paying 5k per month. This is what i want to convey that she is not a bad financial postion as she was studying under management quota.

All i want to know is what is the solution for this Maintenance case based on the above circumstances.

Thanks.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 23 January 2012

If she is not earning, she would get maintanance, the quantum would be based on your earnings.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

sunil trikha (sr executive) 25 January 2012

Dear Lawyers, This menace of 498a and other related sections need to be removed by legal fraternity only. It is only you who can take initiative to get rid of ths stupid law. See how legal fraternity in Pakistan brought down General Masharraf. You need to take to the streets and stop taking these false cases and stop harrassing innocent parents, husbands, sis-in-laws etc.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 25 January 2012

But Mr. Trikha,

This community is divided whether it is a good law or a menance,

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 26 January 2012

Two sufferes can not pool their strength. There are some movements here and there without coordination so nothing can happen.

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152) 26 January 2012

DO NOT WORRY 98% 498 FAILS

Maintanance you have to pay.

Whether Right or wrong, Law is Law: We are bound, unless changed.

Bless God. hardly anyone is convicted in 498

sunil trikha (sr executive) 27 January 2012

Dear Mr. Shonee Kapoor, It is my firm belief that unless legal pundits take up this issue of 498a and DV and other related misused laws, noting is going to change. We need a Ministry for Men too. At this point of time, legal fraternity is the largest group who can bring about this change. They only need a few good leaders, rest will follow. This NCW is doing great disservice to the nation by breaking families.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 27 January 2012

you try to bring al least two people together for action not talks.

Anonymous (SE) 30 January 2012

Hi,

My wife has been granted scholarship under Economically Backward Class(EBC) quota during the year of 2009. Now i want to get the certified copy of that from the State Higher Education Board for some other case. And this is what i read from ANDHRA PRADESH STATE COUNCIL OF HIGHER EDUCATION

(APSCHE) website regarding the RTI.

Information which is Exempt from disclosure:

As per Section 8 (1) of the ‘Right to Information Act – 2005”, certain information shall not be disclosed to the applicant, as per the

conditions prescribed in the section.

1. All the Committee Reports before the decision is taken by the Government and the matter is complete.

2. Personal information, the discloser of which has no relationship to any public activity or interest.

3. Joint Inspection Committee reports of New Degree Colleges, UG and PG Courses.

So now my question rearding this is:

1. Can i obtain the certified copy regarding the scholarship?

2. If Yes for question 1 then how to obtain it(means is there any procedure or format for that)?