MyNation Foundation Forum » Advice » 498A

False 498a Case was filed on me and My Family

(22 posts)
  • Started 6 years ago by mahesh.naik
  • Latest reply from mahesh.naik
  1. mahesh.naik
    Member

    I am a software engineer working with MNC at Hyderabad, Our marriage is held on Anantapur District, AP on 25Th November 2007, Marriage is arranged by My Brothers, My wife’s Father also from same village and he is my Brothers Child Hood Friend, Due to that friendship my brother agreed to marry Her Daughter. My wife is done MBA from Osmania University and also i have done MCA. So i have married her with my interest also. After Getting marriage, Immediately we have taken rented house at nearby my Office, after that my wife and her father denied my brothers and sisters to come to my house and restricted me to go to their houses, from child hood onwards my brothers and sisters spent all expenses for My studies, Because ours is very poor family even my brothers and sisters also very poor, so they have spent lot of money towards My studies, After Marriage My wife and Her father totally restricted me to speak with them and demanded me to purchase a house in Hyderabad Because i am software engineer and earning good salary, so they suspecting me that i am spending my salary to my brothers and sisters even though i am not giving one penny to them. And she is started harassing me for Luxurious life style, I have adjusted all these things and also after some days i have purchased One Flat in Hyderabad at the time of flat purchase my economical status is not that much good because of her satisfaction i have purchased Flat , In that flat cost i have obtained 90% of the Cost from Bank Loan and remaining amount I have paid by cash(All These money my Hard Earned). And with love and affection towards my wife i have registered this property Jointly (Joint Registration). From the date of purchasing Flat i am paying all the Home Loan EMI’s(24000/- Per Month for 20 Years) alone from My salary, Now also i have Not done savings even one rupee. In the Month Of January 2010 i have brought my Mother to My house(She is Paralysis Patient and totally Bed ridden) I have done all service to My mother, I have not asked her to do the service to My mother even thought she is started harassing me and My mother to through my mother out from the house, because while she urine the house is getting smell and house floor is spoiling, Every day she is became night mare to me. And one day i have approached my Father In law saying all these thing And asked him to provide any family counselling to us, But one day he had come with some of his friends and argued with me saying My daughter is well educated and married you to for Luxuries stay not doing service and also suggested me to Join my mother into Old age Home. After Some days she(My wife) called their parents and relatives and they have argued with me and Beaten to me and Taken all her belongings (Including 15 Tulas Gold, Her Certificates, My Vehicle RC and Driving Licence Original) and went there house and given complaint to police station on False Dowry Harassment on July 4th 2010. From that day police started harassing me and My Family Members. So have approached APHRC explaining the police harassment and also i have applied for Anticipatory bail for unregistered crime. And also i have applied for Divorce on 22nd Dec 2010. My bail order is valid upto 15 days after registering the FIR. After that i need to apply fresh Application for bail. But My wife and their parents Intelligently approached to another police station and court and filed Case (FIR) on me and My family members on 3rd feb 2011and Police has Not given any information to me or My family members on FIR. Luckily i came to know FIR has registered and it is already 13 days crossed. Now i have applied For New Bail. So please help me to Clarify My Below Doubts.

    1. Is This FIR can be taken as ground for My divorce.
    2. Shall i proceed any counter case on them because they have tried to Black mail me and Filed Totally False case on me.
    3. And also they have stolen some cheques from my bag which are signed by me and blackmailing on this also, So shall i take any action on this issue.
    4. I have registered My house jointly, But EMIs are paying alone, If stop paying EMIs it will becomes Problems to My credit Rating. If i continue to paying EMI. Will she is also having right. How to get out from this issue, because i have suffered lot to pay the EMIs and it is very very hard earned Property this is the only Asset i am having.
    Please help me to solve these problems. And also i mention here her father is a railway corrupted employee and having lot Money and Political background. Our Family is very poor and All my Family members are scaring on this issue, So please help me and my family to come out from all these issues.

    Posted 6 years ago #
  2. Adv.Kachave
    Blocked

    You try to quash FIR u/s 482 of Cr.P.C. before High Court, also move for divorce. Then after stop your EMI with discussion with concern bank. Bank will take appropriate step, if your wife will pay EMI , you don't oppose.
    http://www.jaihindlegal.com 9821387099, 9224799546

    Adv.Ramchandra N.Kachave
    98, 2nd floor, Esplanade Mansion,Kala Ghoda, Near City Civil Sessions Court,
    Mumbai-4000023
    Posted 6 years ago #
  3. mahesh.naik
    Member

    Hi Kachave, Thanks for you fast Reply, Even They have approched to my HR saying that stop the salary. And also i am palnning to Approcah Meadia, Please give Your suggestion, if i approch to media will it becames any problem. And i already applied for Divorce two months Back.

    Posted 6 years ago #
  4. Dr.Dsouza
    Member

    http://mynation.net/docs/12488-2010/ [ Women restrained from entering Husband Office ]

    you can find more such judgments here http://mynation.net/docs/sitemap/

    Posted 6 years ago #
  5. mahesh.naik
    Member

    Hi Dsouza,

    Police has has been approced to our HR people and My HR is called me for discuusion, Please suggest me how can i explain the situation to my HR.

    Posted 6 years ago #
  6. Dr.Dsouza
    Member

    Police has no authority to do so;
    report it to higher police, they are influenced by your opponent

    Posted 6 years ago #
  7. mahesh.naik
    Member

    Yes your right, But my HR called me for discussion on this issue, will this effects my career? Because case has been handling by two Police stations, One is Legally and Another Illigal.

    Please Suugest me to handling the situation clearly, Please it is very urgent. I need to meet my HR by tomorrow.

    Posted 6 years ago #
  8. Dr.Dsouza
    Member

    just tell them its family matter and it will not effect any work. and you will settle it out as soon as possible.
    or may be you can tell them that they have no authority to approch HR, she bribed them so they came here.

    Posted 6 years ago #
  9. mahesh.naik
    Member

    Thanks Dsouza...

    Posted 6 years ago #
  10. mahesh.naik
    Member

    Hi,

    I have applied For AB in High Court on Last monday But it has been Rejected, Again i have applied for AB in District Court Today. Please tell Me How many days takes it to get AB in district Court. Is there any chance to Reject in District Court too....

    Please provide Your Advise Plz.....

    Posted 6 years ago #
  11. rekha_s
    Member

    Approach a good advocate to defend yourself.

    Divorce petition will be anyway be filed by her on cruelity basis and she will ask for maintenance also if she is not earning.

    Can that counter cases be proved in court??

    if cheques are stolen you will have the cheque details such as no. will you be able to prove that it is stolen and not given to her?. Immediately ask the bank to stop payment.

    your wife will not pay EMI for sure. if you stop paying you will loose the asset. take advice of advocate.

    If you have done nothing wrong do not panic.

    It is appropriate if you peacefully negotiate and save yourself from problems.

    Posted 6 years ago #
  12. rekha_s
    Member

    taking care of ailing mother is equal responsibility of all the siblings including your sister. it is wrong that she is not allowing your relatives to your home and not taking care of her mother in law. what about all your brother and sister including their spouses taking turns to take care of your mother who has raised all of you equal care.
    why should she go to old home??

    Did you stop any of her relatives for coming to your house in the past anytime? find out her grieviances. call the meeting of elders include all the your near family members to discuss.

    Posted 6 years ago #

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