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dirdzReddy (Software engineer)     27 June 2010

taking back a 498a wife sfter she lost the case

Hello all,

query.

Can a 498a wife be accepted back if she has lost the first case?

What are the possibilites of her to file a case again?

Will her case be valid as she has lost the first case?

Can she give in writing that she would not file such case again and the previous one had been done due to misguidance from her parents. Will this be valid?

 

Please post your valuable comments.

Regards

Reddy



Learning

 12 Replies

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     27 June 2010

Every 498A and D.P ACT u/s 4&6  cases are filed with the lots of counselling and consultation between the parties by the POLICE concerned. But due to Political pressure the police are making a case one sided. They are suppose to give all resolving steps taken before  they file the charge sheet .

Hence second time you might be well versed how to get out of it.

Generally as per Cr.P.C same offence with in 12months have some restrictions unless it is done separate cause of action,deferent  situations.

Do not worry it is not so easy to file a crime as they wish without any reason. 

1 Like

(Guest)

1. If it is a "personal comedy of errors" case then it is not acepted "socially". You may know well the reasons behind "societal acceptence" to accept a 498a IPC wife back and one need not be rocket scientist to think aloud socially on it.


2. Once she has tasted the "thrills of calling husband and In Laws to PS/Courts" she is bound to "experiment" again with the same or next person and this time she is bound to succeed 100%. Again depends on the environment she is keeping after HIS / In laws acquitall.


3. The second time it is going to be valid cruelties for sure.


4. Writing any undertaking does not solve any evidentary purpose in matrimonial cruelties situations per se as she can always back track from her statement and now say, husband and In laws put a kitchen knife over me and made be under pressure write such and such undertaking so now what is left for prooving "burden of proof" and BTW a 498a IPC is filed on "mere statement of wife is it not the social norm - prove me wrong on this prime facie statement that I just made"  !


5. But at the time of withdrawing her Complaint before PS / CAW Cell if she makes such written statements then second time the effects becomes slightly less but the damage will be done effectively second time too as per connivence of certain sections of society's ward and watch persons personal interests are involved now.


6. I will say 50 : 50 chances in life if you are good at taking hurts in matrimonial life then your query is solved.


Like Sh. Reddy garu said most of 498a cases are connived by miss - guidence and to play revenge / havoc on In Laws families n to teach a lesson and the real true cases (genuine ones) are lesser statistically (conviction rate wise) and I call it a hype / propoganda created by media and like minded persons that 498a IPC filed by such and such lady is the "only" true case, had it been the only true case then national conviction rate would have said so ! 


Rgds.

2 Like

dirdzReddy (Software engineer)     27 June 2010

Thanks janardhana sir and Arun kumar sir for ur valuable suggestions.

So as per the post  above,there is no strong condition legally to avoid her from filing a false case even after the first case has been proved wrong..They are bound to commit the crime again and again.

Please suggest am i correct.

Regards

Reddy


(Guest)

TEST the "software" to find it yourself then :-))))))))))

Legal Fighter (Advocate)     27 June 2010

Yes, there is no legal condition where she can't file a case against u again. I would suggest you to be very careful in making this decision and if I would have been in your place, my answer would have been big "NO".

Vijay Kumar (Advocate)     27 June 2010

If your wife has realized at heart that she was wrong, then there can be no better option other than re-start life with her. As a measure of precaution, make her to file the petition u/s 9 HMA against you and your local lawyer will manage to do the needful so as to secure your interests for future.

dirdzReddy (Software engineer)     28 June 2010

Hello

Cna you be more specific what is petition under section 9 HMA means.

Do you think this will safegaurd me agaist any more misuse.

i have heard the consequences are worst the second time and even if she tries.

Thanks

Reddy

Parth Chandra (none)     28 June 2010

Use the same method which many Father In Law (Wife's fathers) use to settle the matter after filing false cases.

1) I would suggest not to take the wife back unless any Kid is involved in your relationship.

2) Even with or without Kid, If you decide to take her back then 

    i) Ask for all sorts of written statments as affidavit that previous case was false and this in future I would never file any case against inlaws from her.

   ii ) Ask for 5-10 lacs Bank deposite on your Kids name which your Father in Law would deposite and which could be accessed through your signature only.

This would I call a stone for a brick as after filing false cases most of the FILs extract money from poor husbands....but once you dare to stand with all the allegation and win the case (and also remain unmarried)..then its your turn to do some business.

aatma   29 June 2010

Originally posted by :dirdzReddy
"
Hello all,

query.

Can a 498a wife be accepted back if she has lost the first case?

What are the possibilites of her to file a case again?

Will her case be valid as she has lost the first case?

Can she give in writing that she would not file such case again and the previous one had been done due to misguidance from her parents. Will this be valid?

 

Please post your valuable comments.

Regards

Reddy
"

Can a 498a wife be accepted back if she has lost the first case?

Already you have doubt in your mind that this is the FIRST case, then there will be SECOND, THIRD......?

What are the possibilites of her to file a case again?

You are the person to judge her mentality. Whether she will file again or not.  If a person has this kind of false case attitude nothing will stop them to do so.

Will her case be valid as she has lost the first case?

You can think this too. What is the maximum number of time and time limit she can  file same type of complaint. Even If there is any limitation still she can find other sections. There are lot of IPC sections available for women! (IPC498a, DP, Domestic Violence Act, Marital Rape(?), CrPC Maintenance etc.......

Can she give in writing that she would not file such case again and the previous one had been done due to misguidance from her parents. Will this be valid?

Please post your valuable comments.

Put yourself in her shoes.  Think if you have committed all the offences that what she alleged in her complaint later if you ask her for compromise would she accept you without any hesitation or condition?


A VICTIM OF MRS HITLER (JUSTICE SEEKER)     08 July 2010

mr Reddy .......pls see a woman experiments the first time....and gets bolder the second time....

i have made similar mistakes....and now i am a suffering with a DV...

she threatened me a no of times ...but i never beleived that she would ...

the so called wife ...also kept a nice attitude to me ..but behind my back she was ...planning with her brothers ...

one day after 16 yrsof marriage she said love and bye-bye ..when i was leving for office in the morning....and behind my back picked her bags ...and escaped to her parents and filed a DV against me!!

SO DO U STILL WANT A SECOND TIME??

Munirathnam (Scientist)     12 July 2010

Hi,

 

Plese do not take false 498A filed wife back to family.

She is poision to the harmony of family.

 

I say false 498A wife is worst than Prostitute who wors for money . Protitute get money but never try to put her cusotmer in jail or court. Becase she wants customers coming to her.

 

Whereas false 498A wife destroys everything and enjoys the destrution of peace.

498avictim (analyst)     17 July 2010

dear reddy,

 

it seems like you are almost decided to take 498a wife back , do not do such stupid silly things ?

she has enjoyed the taste of 498a and for sure it will definitley happen again , many people has done the same mistake and were implicated in other section , the next time she will be morecareful panning for 498a with past experiment. you will end up getting convicted.

 

do not think with emoitions , many men did that in the past and now fighiting hard with all dese criminal cases.


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