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ravindra (Analyst)     26 September 2011

Victime of 498a - advice plz

 Despite having all recording my lawyer says there is no procedure like speed trial and Quash. He suggested me two option 1) Will file discharge application 2) will face trail. In trail will submit recordings... Wht to do??? can anyone advice plz...

My Story in brif:- Hi I married in Nov 23, 2010 In Feb 2011 i got 2BHK flat from MHADA in lottary system. but in March my wife went her house for holi then she said her mother is ill and never come back. after 1 month i went her house and ask to come back but she refused the to return. then in June she filed 498a and said in her complaint tht i have demanded 5lkh rs for buying flat. we have given gold around 1.5lkh other material. then i gave bail my all 9 familiy members but after tht she approched to SR PI for compramise. Due to my family presure i agreed. But after some day her and her family demand started increaseing. they told me tht will not remove 498a and DV case first u live with her for 1 yr will see ur behaviour and thn will decied. then i decied to record. In tht conversation i asked her and her family tht when i demanded dowry and when u gave me gold and other things then she and her famely clearly said tht ur behaviour was not good and u beat her lot of time and u take drink thts why we hve made this complaint. so can i go for quash or how can i show this recording in court. I Never beat her nor spoken abusive langauge any time abt her but yes i told her before marraige tht i take dirnk once in two weeks with my friends. after her and her family increasing demand my family decided to fight on this case 2) we r 9 family member against whom 498a has made by my wife. i want to remove there name wht is procedure to remove there name. currently every monday i m going in police station for making attendence when it will stop?3) In trail can police demand my custody again...I dont have money again to bail my all family member....plz advice......thx



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 5 Replies

Anjuru Chandra Sekhar (Advocate )     26 September 2011

Did your wife produce any evidence to show that your family members are involved? It all depends on how your counsel defends your case in Court. 

1 Like

ravindra (Analyst)     26 September 2011

No not yet....

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     26 September 2011

Dear ravinder

File a Writ petition under article 226 or 227 of constitution of india in Hon'ble High Court

1 Like

Anil Agrawal (Retired)     26 September 2011

498A is a holy cow. The disgruntled women are milking it. Thank Rajiv Gandhi's Congress a la Sahah Banoo.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     27 September 2011

I don't think grounds are made for quashing even in a writ petition.

 

If I were in your place, I would have gone for trial.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

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