Suspicion of false 498A filing


Hi, I am Sofware Professional in Noida married to the girl who worked in the same company with me on 17 feb 2009, after marriage i was living at Vasundhara(ghaziabad) but after the untimely and sudden demise of my father i had to shift to modinagar to look after my mother as i am the only son since the day i shifted to modinagar my wife behaviour became quarrelsome and violent she frequently compeled me to leave my mother and modinagar residenceand has been threatning to file false and frivolouse police cases against me and my family , she also has one aunty who is in the Women's cell of ghaziabad and she also keeps on instigating her to file false police complaints and her family is also interferring to the maximum extent in our personal life and keep threatning me and my mother that they will get us entangle in false cases.

As a precautionary measure i have forwarded my application to SSP ghaziabad stating all the facts and the threats that i have been getting from my wife and her family and her aunty from police.

Please help me in how to proceed ahead and create a safety net for My family and me so that we can avoid the trauma of 498A

 
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Mr. Sharma there is no such false or real cases, only thing is that there would be a case against you then after the burden lies on you to prove it a false. what i suggest you is that first try to counsel and have talks with your wife and try to convince her bcz if you take any step it may provoke her and she may take the step as she threatend you already if your efforts gone in vain then you just file a complaint against your wife and her aunty who is taking an advantage of her position and harrassing you unessary. Inspite of that if the police is not taking action then hire an advocate an file a private complaint in the court.

M.MAZHARUDDIN

LEGAL CONSULTANT

 
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Hello,

I am agree with the advice given by my Ld. friend  and i further suggest you half of  complainants  pending before the court due to not going for counselling try to handle the situation with intervention of your common friend or your inlaws becouse you have to decide whether you both wants to live together or not.

 
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Hi Puneet,

Sorry to hear about your father. I am also a viction of this 498A and I am fighting for it no compromise at all.

After reading your story in brief my first suggestion is why your father died. If you know the reasons clearly it is ok otherwise you need to think first about it. Atleast keep your mother safe. The reason I am saying this is in Visakhapatnam there is one case happened. In that case mother in law came to know some thing about the girl and the mother in law died suddenly. Everyone thought it was some natural death. But after some days they got some doubt when the girl who went to her mother house did not returned back. So by the time they realized now she filed a false 498A case on them and they are fighting that case.

Please don't worry too much on this. Even if they file a 498A on you they may put you 1 or 2 days in jail maximum and then you will get bail. As long as you are correct no problem for you at all. Only thing is that you need to fight this case in court for years which is ofcourse a problem but your and your mother life is more important.

Also as said by our friends here that is correct. Also look after for a good advocate in advance so that if any thing happens he will be there ready for you. When we suspected 498A on us first thing we have done is we searched for a lawyer and ready for the 498A then you are safe.

 
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LAWYER-ADVOCATE

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.9271971251

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

REGARDING THE MATTER OF SECTION 498A KINDLY NOTE THAT.

1.YOU HAVE REASONABLE APPREHENSION OF ARREST AS YOUR WIFE MAY FILE OR MIGHT HAVE ALREADY FILED A COMPLAINT AT POLICE STATION UNDER SECTION 498 A  OF INDIAN PENAL CODE.

2.YOU HAVE TO BE VERY CAREFUL AND DO NOT NEGLECT ,IT IS A SERIOUS MATTER AND POLICE MAY CALL YOU JUST TO RECORD YOUR STATEMENT AND YOU WILL BE ARRESTED.

3.KINDLY NOTE THAT I HAVE HANDLED SEVERAL CASES OF THIS SECTION 498 A OF I.P.C. ,THOUGH MOST OF THE COMPLAINTS ARE FALSE AND CAN NOT BE PROVED IN COURT, IT IS VERY IMPORTANT FOR YOU TO TAKE PRECAUTION AND APPLY FOR ANTICIPATORY BAIL FROM DISTRICT AND SESSIONS COURT / HIGH COURT HAVING AREA JURISDICTION. KINDLY NOTE THAT GENERALY MARRIED WIFE WILL FILE THE COMPLAINT TO THE POLICE STATION IN THE AREA OF HER RESIDENCE AS IT IS FAMILIER AND CONVENIENT FOR HER.

4.IN CASE YOUR WIFE IS ALREADY STAYING SEPERATELY WITH HER RELATIVES THEN SHE MAY FILE COMPLAINT TO THE NEAREST POLICE STATION.HENCE YOU HAVE TO APPLY FOR ANTICIPATORY BAIL AT THE SESSIONS COURT/ HIGH COURT HAVING THE JURISDICTION IN THE SAID AREA.

5.YOU MAY TAKE FOLLOWING PRECAUTIONS.

A.YOU MAY IMMEDIATELY SHIFT FROM THE USUAL PLACE OF RESIDENCE TO SOME OTHER PLACE FOR ABOUT ONE OR TWO WEEKS TILL YOUR ANTICIPATORY BAIL APPLICATION IS PENDING AT THE COURT. BECAUSE THE SAY OF CONCERNED POLICE STATION IS CALLED BY THE COURT AND POLICE MAY TRY TO CALL YOU AND ARREST YOU WHEN YOUR APPLICATION FOR ANTICIPATORY BAIL IS PENDING.

6 ONCE YOU GET ANTICIPATORY BAIL FORM THE COURT ,POLICE HAVE TO ACCEPT SURETY AND IN CASE OF ARREST THEY HAVE TO RELEASE YOU IMMEDIATELY AS PER ORDER OF THE SESSION COURT ON APPLICATION FOR ANTICIPATORY BAIL.

KINDLY NOTE THAT THIS SECTION 498A OF INDIAN PENAL CODE IS MOSTLY MISUSED BY THE MARRIED WOMEN WITH THE HELP OF POLICE WHO GUIDE AND HELP THEM TO FILE FALSE COMPLAINTS AGAINST HUSBAND AND HIS FATHER,MOTHER BROTHERS AND SISTERS. ONCE COMPLAINT IS FILED THE ENTIRE FAMILY IS ARRESTED AND THEY HAVE TO FURNISH SURETY AND TAKE BAIL FROM THE COURT. INNOCENT PERSONS ARE DUMPED IN JAIL. THERE ARE CERTAIN GENUINE CASES ALSO BUT  BY FILING THIS TYPES OF COMPLAINTS THE FAMILY LIFE AND RELATION OF HUSBAND AND WIFE ALMOST COMES TO AN END.

I HAVE HELPED SEVERAL INNOCENT PERSONS AND THEIR FAMILIES, AND HAVE ALSO COMPROMISED SEVERAL SUCH MATTERS WHICH ARE FILED DURING HEAT OF ANGER WITHOUT KNOWING THE CONSEQUENCES.

YOU MAY WRITE AND SEND DETAILS OR CALL .WILL HELP YOU

WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.

THANKING YOU

YOURS SINCERELY

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

 
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