LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
The Indian Constitution Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Mohit (Technical Consultant)     04 May 2014

Urgent - wife filed false 498a complaint in caw cell,delhi

Dear All Experts,

I am a Software Employee in one of the reputed IT firm and have been living in Bangalore from 6 years.I got married on 24/06/2011 in Lucknow,UP with this girl met on jeevansathi.com.We got blessed with a baby boy on 18/12/2012, after which all matrimonial issues started piling up.She got separated from me on 10/01/2013 and went to her parent's place in Delhi.My wife then filed false 498A complaint against me and my family which got compromised on 25/10/2013 on a condition that my parent's will not stay with me. She came back to me then along with our kid and now again she left me and went back to Delhi on 23/04/2014. On 25/04/2014, she again filed false 498A complaint against me and my family and I have received the summon from CAW Cell,Kirti Nagar to appear on 09/05/2014. 
But this time, I registered police complaint before her complaint on 21/04/2014 because of her ill behaviour and physical assault on me. I also did my medical done from Fortis Hospital. Police called her next day and to defend herself from police she did minor injuries to herself and registered police complaint here in Bangalore stating false story about dowry,etc. She got her MLC done here and when police asked for a FIR against me, she refused and plead them to allow her to go to Delhi and involve parents to resolve the chaos. She bluffed Bangalore police so that she can reach Delhi and register police complaint there and trouble me by calling again and again to Delhi. Now as there parents are not accepting any call and she is also not willing to come at any proper solution and she want to harass me through Delhi police by calling again and again taking leave from office and going through financial losses and finally submitting to her demand because of this mental torture, I require your suggestion.
 
Should I ask police to file FIR here in Bangalore as I had already intimated them about my wife intentions and physical abuse on me?
Should I keep on going to Delhi and resolve the issue there?
Also, what could be the best way to handle the given situation?


Learning

 8 Replies

Arvind Manghirmalani (Advocate High court Bombay Trained mediator 91-9869617090 9594255075)     04 May 2014

Dear Mohit,

1. filing FIR at Bangalore will not help you.   2. Try to find reasons of her dissatisfaction and remedy.  3. learn to adjust in life and try to overcome ego. 4. Take the guidance and assistance of  community social workers/leaders in resolving issues.  5. try mediation which is now available most of courts in cities like Delhi and Bangalore. 6. obtain anticipatory bail for you and your parents from courts in whose jurisdiction FIR is filed.  7.  Maintain record of complaints and proofs of settlements. 

Sreenivas V (S/W)     05 May 2014

Hi Mohit, 

Exactly what happened between both of you you and your wife only knows. Even if you tell here or in court no ones believes. Also always in courts it is favored against girl side only unless you have solid proof. You are the best judge here to solve your problem.

Also you have a kid which makes anyone think why the problems came. Here girl filing 498A two times is key. What I feel is either your behavior may be bad which you should think it seriously it is life. If the fault is from your side then you need to correct it without going to ego other wise your life will be spoiled and even your JOB also you cannot do properly.

If girl side is bad which you only knows, then better never allow her into your life as she filed 498A two times that too. Actaully in 1st instane only when you allowed here back tehn only the decison should have been taken carefully. If your side wrong then you have to face it now, else you should not have allowed her itself once 498A filed when the issue is with girl.


(Guest)

Join the investigation at the CAW cell Kirti Nagar on the date you are called and also apply for the notice bail for all those people who have been named in the complaint.For further details please feel free to contact .

Thanks

Sunishchai Sachar

9711259959

9811576667

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     06 May 2014

You would need to attend the CAW Cell proceeding. If you can not attend on this day, you better write to them seeking a new date.

 

Also, notice bail can be applied in Delhi even prior to registration of FIR. 

 

 

 
 
Regards,
 
Shonee Kapoor
Handphone: +91-8010850498

If you don't fight for what you want, don't cry for what you LOST.
1 Like

T. Kalaiselvan, Advocate (Advocate)     08 May 2014

I go with the opinions of learned advocates Sunishchai Sachar and Mr.Shoney Kapoor.  You first attend the hearing before the CAW Cell and simultaneously apply for AB too for yourself and your family members and then challenge the case accordingly.

Seetharamreddy Kancharla (Student)     20 July 2014

How to prosecute a Judge in a Criminal Case. Our Judge wontedly going  opposite to me each and every aspect she is dismissing my oreder and she is anticiapating opposite parties, so how can i solve my problems. even she dont know how to record 164 CrPC statements i filed an application in lost month for recording the 164 CRPC statements. recently she dismissed my order in complaint case with out any vali reason.

    In Civil Suits also  she is giving the numbers with out valid reason and valid documnets. on white paper agreements also she is giving Suit Numbers as well. Whil interim Injunction in pending she is anticipating Advocate Commission as well. Kindly advice to me how can i prosecute herself under Prosecution of Judge act-1850 under Section 1. is it possible.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     20 July 2014

Mr. Seetharamreddy Kancharla,

 

You can complain it to the chief justice of that court and transfer the case to another suitable court by making a petition U/S 24 CPC (Civil Procedure Code). You can make revision of his biased orders in High Court U/S 401 CrPC read with 482 CrPC.


Sec. 24 CPC - General power of transfer and withdrawal.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     20 July 2014

The following links might helpful.

 

https://www.lawyersclubindia.com/forum/Interim-maintenance-case-105770.asp#.U8qV7ECm9dg



https://www.lawyersclubindia.com/forum/Shall-i-marry-2nd-marriage-without-taking-divorse-104930.asp#.U8tRPUCm9dg

 


https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg


https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg


https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query