Sneha (Analyst) 18 April 2011

Wife Filed 498A,34 DP against me

My wife has filed 498A case against me.I was taken into custody and had come out on bail.I have my own business and she works in a company and stays away from me.Her salary is more than me.In the FIR, charges includes taking money from her and demanding 10 lakh cash.Beating her and many others.Though i used to take money but on her consent.I dont understand how to prove my point on base of these charges.I heard she is filing divorce too but summon has not yet come to me.I consulted my lawyer and he comes up with differnt options.Filing RCR against her and fight against 498 A and prove her guilty.What i assumed it is goin to take a long time and with lots on money spend on this.I dont understand how to go ahead with this.Can anyone throw light on this and help me out to take a decision what should i do.

Snehasis

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11 Replies

K.K.Malhotra (Chairman) 18 April 2011

you will have fight the case and simulatiusly file the petition for divorce.

adv. rajeev ( rajoo ) (practicing advocate) 18 April 2011

if you find any loop holes in the FIR/chargesheet then file a write for quashing of FIR. otherwise contest the case.

Legal Fighter (Advocate) 18 April 2011

search "save indian family" on google.com and attend local weekly meetings. You will get both moral and legal support as it is very difficult to advise in few lines.

sheela subbarao (Advocate) 18 April 2011

Do not file a petition for divorce immediately . You have no choice but to face the charges made against you. It is for the prosecution to prove that you have demanded money. The ordeal is over. Again there is no question of arrest as long you attend court regularly.

Arup (UNEMPLOYED) 18 April 2011

498a will be going on and it is beyond your control.

you may file rcr or divorce - choice is yours.

another way is MCD. you both have to pray jointly. it is easier. less expensive. if you have any common friend, then send her msg for mcd. if she agrees then prepare terms and conditions, - like 498a to be withdrawn etc.

Arup (UNEMPLOYED) 18 April 2011

HMA SEC 13B. Divorce by mutual consent

stylistperson (Director) 18 April 2011

IT'S LONG JEORNEY. VISIT MY OTHER FORUM, HOW TO FIGHT AGAINST MISUSE OF 498A HERE. VISIT THE WEBSITES THAT WILL HELP YOU TO BE PRRPARED.

AS ARUP SAYS, TRY TO GET DIVORCE BY MUTUAL CONSENT OTHERWISE YOU HAVE TO FIGHT AS OTHERS HERE.

Abhi (Analyst) 22 April 2011

Dear Sir,

I got a call from IO and he asked me to resolve the dispute with discussion as its going to affect me as well as her and going to linger.I told him ,i will be coming with my advocate.I was in mood to teach her a lesson and check with police internally to remove some charges and make my case stronger.The IO has called me wht do i need to do.If he asks me to resolve mutually do i need to agree.Im in dilema..Can you please help me out regarding the possibilities that he may asks and do i need to agree to him.

Waiting for your response