Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Madhu (network engineer)     05 November 2013

Suggest a best option to get out of 498a....

Hello Experts.......

I'm Madhu from Hyderabad, AP

my wife and in-laws gave false complaint on me and my parents and some close relatives........

Some of the words contents of complaint are  PHYSICAL HARRASSMENT , MENTAL TORTURE , DEMAND FOR MORE DOWRY AND GIFTS , NOT ALLOWED FOR DOING JOB , CUT DOWN HER FINANCIAL FREEDOM .................. as regular as the contents of 498a.

 

we were booked under 498a , 420 , 324  , and 3 & 4 DP act .


The chargesheet is not ready .........as we are ready to pay  back  her with what all they gave ,   she has went on high and demanding 25 lacs which is really very very huge .

 

Of course , she is not aiming at money as she is from a rich family and also all their family members and relatives well settled......... 

 

she is doing all this only to take Revenge as i denied to some of her conditions like Staying Away from my parents , sister and also selling our fields and settling in Hyd........... 


She is not ready for Divorce and also not ready for any settlement.  but i really want to get out of this as soon as possible, i dont want tobe  a slave to her and spoil my life in trying to change her attitude. she is very ARROGANT , RUDE AND STONE HEARTED LADY 

 

 

i have some evidences with which I can prove their allegations are false and me and my family are Innocent.

 

now  my questions are .............

1. Whether to go for a Quash in High court ?


2 Do i really need to attend trails in court ?


3. How about the process of dissolving 498a cases in AP , In Ap whether to go for a quash in HC or LOKADALAT ............which is best option ?

 

Please some one suggest.............. Please 

.



Learning

 5 Replies

T. Kalaiselvan, Advocate (Advocate)     06 November 2013

Going for quash of the case before the high court or mediation by a lok adalat mediator will fetch no result instead contest the case and get acquittal on the basis of strong evidences in your possession.  Ofcourse, in a criminal case you got to be present before the court  on every hearing. 

sandykrish (Interested in Family LAW)     06 November 2013

Try settling in the matter with the help of elders. If not contest the 498a case on merits. As advised quashing of this case is advisable at this stage,try settling the matter in mediation stage and opt for MCD. My piece of advice to you when you havebeen slapped with 498a assume that your marriage is dead if the matter is not settled apply for contested divorce and file a well drafted petition thats the best approach to teach lessons for adamant ladies. If you need any assistance send me PM I will share my contact details.

Sudhir Kumar, Advocate (Advocate)     06 November 2013

try amicable settlement

Rajeeva Roy (Advocate and Senior Mediator)     06 November 2013

These may be the course of action in your case;

1) First of all you must take anticipatory bail by applying for the same before the Sessions Judge and if not succeeding there, before the High Court.

2) The Supreme Court has ruled that in 498A case relatives of husband should not be roped in casual manner. If in your case the allegations against your parents and relatives are flimsy, you should go to High Court for Quashing.

3) Mediation is an effective tool for resolving such type of disputes. You may request the courts at any stage for referring the matter for Mediation for settlement of dispute through mediation.

4) trial comes at the last. If you handle the case properly and meticulously, in all likelihood you may not face trial. Nevertheless, you must be ready for it and keep yourself ready with the materials to smash the evidence of the prosecution.

Madhu (network engineer)     06 November 2013

Hi Experts Thank u all for ur response........

 

We are already  got AB from HC

 

In her complaint she mentioned that I am impotent ................ which can be proved 100% false. And also She stated that our marriage is not consummated 

She became pregnant after 3 months of her marriage and as she is not interested in having kids she got abortion of her 40 days pregnancy .

I have the reports  of her pregnancy scanning  and Abortion  . I showed those reports to the police but she is denying that reports are not her reports and they are some false reports ………….. How can I make use of these reports?

Also can I ask the police or Court to send for medical examinations that our marriage is consummated and she also got pregnant ,  we are living separate from the last 8 months .

But my lawyer said that I cannot ask to send her for tests…………………..then how can I prove all this as she denies those reports are not her and also she cannot be send to doctor.

 


Please suggest me how can i send her for tests ? 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register