MyNation Foundation Forum » Advice » 498A

Advice please

(36 posts)
  • Started 6 years ago by kondagai
  • Latest reply from sc432114
  1. rekha_s
    Member

    "so so many false 498a whenever a genuine one reaches judge his first impression is that its a false one"

    if that is the case, what if the judge is a lady??

    Mr. dearverma but in reality it is just opposite. for you it may be false but for your estranged wife and relative it will be always true. everything will be decided on the arguements and evidences produced during the trial.

    Posted 6 years ago #
  2. dearverma
    Member

    so u think a male judge favours male and a female judge favours female. u r so so newbie in this field.

    yes for my wife it will be true as per her asking her to love and respect me is 498a, respect to my parents is 498a. My parents not keeping quite to their parents abuses is 498a, confronting her when came to know that she is badmouthing my mother in locality is 498a, not keeping quite and shouting back when linking me with my cousin sisters is 498a etc. i have no problems if she think that this is 498a because i know she is inherently an extremely self-centred selfish person but

    writing in fir that she was beaten day in and day out, not given food, not given any money, was tried to burn (at this one i still laugh) i hope this she and her relatives knows is false.

    Posted 6 years ago #
  3. Dr.Dsouza
    Member

    Whatever indian men says, even its truth but in front of Indian judiciary its False and he has to prove it.
    but whatever women bark is Truth and Truth only, and words of geetha. and no need to prove or provide proofs.

    Posted 6 years ago #
  4. blitzkrieg
    Member

    MY WIFE HAS OFFICIALLY BEEN DIAGNOSED WITH HAVING PARANOID SCHIZOPHRENIA & BORDERLINE PERSONALITY DISORDER BY THE H.O.D. OF D LARGEST GOVT.HOSP. IN MUMBAI. I TRIED STAYING SEPARATELY WITH HER AS SHE PROMISED THAT SHE WILL BECOME AN IDEAL WIFE IF I AGREED. A WEEK AGO I WAS FORTUNATE ENOUGH TO OVERHEAR MY WIFE'S CONVERSATION WITH HER CRIMINAL MINDED MOTHER. IT WAS A CONSPIRACY TO USING PRO-WIFE-LAWS TO INTIMIDATE & ENSLAVE ME (& HENCE MY PARENTS). I TOOK HER SIM AWAY & FILED AN NC THAT EVENING ITSELF AGAINST MY MIL UNDER 506 WITHOUT MAKING HER AWARE.

    I HAVE VIDEO FOOTAGE OF MY WIFE PUTTING A BURNING MATCHSTICK ON ME, THREATNING TO BURN ME ALIVE, TRYING 2 STRANGULATE ME, PULLING MY HAIR TILL BLOOD DRIPPED, HITTING ME WITH HER SANDAL & WHATEVER CAME IN HER HAND,SHOWERING D FILTHIEST ABUSES KNOWN.... AFTER I RETURNED HOME (AT LEAST A SIMPLE 323-326 CASE).

    NEXT DAY, I SHOWED THE VIDEO TO D POLICE. AND GUESS WHAT THOSE SOB's IN PS MUST HAVE SAID? " WE CANNOT TAKE ANY ACTION ON THE BASIS OF D VIDEO...AS EVIDENCES HAVE TO BE SHOWN IN D COURT, NOT HERE. BUT, IF UR WIFE (WITH PROVEN MENTAL PROBS) COMES & EVEN COMPLAINTS (WITHOUT ANY EVIDENCE AGAINST U), WE HAVE BEEN ORDERED 2 ARREST EVERY1 WHOSE NAME APPEARS ON D FIR. IF IT WAS SHE WHO WOULD HAVE SHOWN US SUCH INCRIMINATING EVIDENCES, U WOULD HAVE BEEN INSIDE BY NOW FOR LONG.." HE ALSO CALLED MY WIFE TO THE PS WHEN (AS USUAL FOR WOMEN) SHE CRIED (WOLF) THAT I AM TORTURING HER, BLAH, BLAH,...

    I THEN SHOWED THEM ALL RELATED JUDGEMENTS & POLICE CIRCULARS WITH CRPC AMMENDMENTS & RTI COPY TO PROVE THAT D AMMENDMENTS HAVE BEEN IMPLEMENTED. I TOLD THEM THAT IF HE ARRESTS ANYBODY UNDER 498A WITHOUT INVESTIGATING, HE WILL BE RISKING CONTEMPT OF COURT.
    D INSPECTOR INQUIRED WITH ME ABOUT D AMMENDMENTS IN CRPC & THEN ASKED IF I AM AN ADVOCATE. WHEN I SAID NO, D BAS$#@% SAYS THAT THEORY & PRACTISE R 2 DIFFERENT THINGS. D DISCUSSION WAS MOSTLY CORDIAL. BUT FINALLY, AFTER I INSISTED, HE ACCEPTED MY APPLICATION & GAVE ME A STAMPED RECEIPT, WITHOUT REGISTERING AN NC. (MY PARENTS HAD ALREADY GOT D RECEIPT OF A SIMILAR APPLICATION 4M OUR DIFFERENT LOCAL PS). HE ASKED ME 2 LEAVE HER AT HER PARENT’S PLACE AT DEHRADUN, WHICH I DID.

    AFTER RETURNING, I AM GETTING THREATENING SMS’es WITH WILD ALLEGATIONS. I FILED A 2ND NC AGAINST HER MOM UNDER 506 IN MY LOCAL PS (OLD HOME). NOW, I AM 100% SURE I WANT 2 GO FOR A DIVORCE (UNDER CRUELTY & SCHIZOPHRENIA) OR ANNULMENT (IF I AM LUCKY) WITH HUGE AMOUNT OF EVIDENCES WHICH I COLLECTED OVER 10 MONTHS & EVEN B4 MARRIAGE. I PLAN 2 1ST FILE 4 AB & THEN 4 DIVORCE. 1CE THEY FILE A 498A (BY DEFAULT), I AM PLANNING 2 BOMBARD THOSE PARASITES WITH GENUINE COUNTER CASES WITH OVERWHELMING EVIDENCES.
    BUT I AM CONFUSED & AM SEEKING ADVICE ON D FOLL.-

    1). SHOULD I -

    A).1ST FILE 4 AB NOW & THEN 4 DIVORCE (B4 SHE RETURNS)? ……………[AS ADVISED BY MY LAWYER],
    B). FILE 4 DIVORCE NOW (ANYWAYS), PREPARE & KEEP AB APPLICATION AT HAND, WAIT FOR FIR, &THEN IMMEDIATELY SUBMIT IT IN COURT AFTER KNOWING D SECTIONS AGAINST US?……………[AS ADVISED BY ANOTHER recommended LAWYER],
    C). 1ST FILE 4 AB NOW & THEN WAIT FOR HER TO FILE FOR DIVORCE (IF SHE RETURNS, I SHOULD RENT A SLUM HOUSE 2 STAY WITH HER)? ……………[AS ADVISED BY many incl. a SENIOR **** MEMBER], (I am against this idea of using a long rope, as I cannot tolerate her atrocities any longer - why should I punish myself by staying in a slum. Furthermore, d longer she stays with me, d stronger her 498a case will be against me. many say, “ never tell in court or in PS that u don’t want 2 stay with ur wife”. But, I have overwhelming proofs of her cruelty on me & my parents. I can prove that its impossible 2 stay with her. I also have a phone rec. now, in which she demands that I cut off all relations with my parents, will she return),
    D). 1ST FILE 4 AB NOW & THEN 4 DIVORCE ALONG WITH A PRE-EMPTIVE BLITZKRIEG OF GENUINE CASES WITH OVERWHELMING EVIDENCES. (B4 SHE RETURNS)?
    E). ESCAPE THE GUTTER (MORE COMMONLY KNOWN AS D ‘GREAT’ INDIAN JUSTICE SYSTEM), & PERSUE MY STUDIES ABROAD & SETTLE THERE ANYHOW. (I HAVE ALREADY GOT MY ADMISSION). IF I HAVE 2 VISIT INDIA, I WOULD VISIT VIA KATMANDU ROUTE.

    2). WHAT KIND OF EVIDENCES CAN BE SUBMITTED IN AB APPLICATION? eg- NC’s, RECEIPT OF APPLICATION 4M PS, MY WIFE'S ADMISSION OF OUR INNOCENCE (VIA - AUDIO, VIDEO, HER LETTERS 2 HER MOM, HER CALLS 2 HER FRIENDS & RELATIVES, WITNESSES – OUR NEIGHBORS, ETC.), EARLIER LETTER FROM POLICE 4 A FALSE COMPLAINT 4M HER MOM, REPORT 4M D WOMAN’S ORGNZN, ETC. I’VE READ EARLIER THAT A JUDGE REFUSED 2 LOOK AT AUDIO, VIDEO EVIDENCES AT AB STAGE SAYING THAT THEY R CONSIDERED ONLY DURING TRIAL.

    3). DOES D EVIDENCES SUBMITTED TO COURT DURING APPLICATION OF AB, SHARED WITH D OPPOSITE PARTY? (if yes, then I need 2 be careful about not revealing much initially).

    4). WHAT IF MY WIFE RETURNS 2 LIVE WITH ME AFTER I FILE 4 DIVORCE? DOES SHE STILL HAVE D RIGHT 2 STAY WITH ME & MY PARENTS ?

    5). I HAVE READ EARLIER THAT NO AB IS GRANTED 4 406. THEN 4 WHICH SECTIONS MUST I APPLY 4 AB IN ADDN 2 498A, 37 & 326?

    6). HOW MANY DAYS AFTER D FIR DOES COUNSELING STARTS AT CAW (I KNOW THAT ITS FOOLISH 2 ENTER IN CAW CELL WITHOUT AN AB OR NOTICE BAIL).

    7). IF I GET A CALL 4M D POLICE ABOUT MY WIFE’S FIR, SHOULD I –
    GO UNDERGROUND & SEND MY LAWYER 2 COLLECT INFO. OR
    PERSONALLY SHOW UP THERE (KEEPING IN MIND D CRPC AMMENDMENTS)? MY WIFE’S FAMILY IS POOR (THEY SHOULDN’T B ABLE 2 BRIBE D COPS)….BUT THEY R HUNGRY 4 EASY MONEY…

    8). I’VE BEEN TOLD THAT AFTER I APPLY 4 AB, D POLICE CANNOT ARREST US TILL MY AB IS REJECTED. IS IT TRUE?

    9). WHAT IS D PROCEDURE 4 TRANSCRIPTION OF AUDIO, VIDEO EVIDENCE? I AM SPENDING MOST OF MY TIME NOW IN DOING IT..

    THANKING YOU IN ANTICIPATION OF A QUICK & DETAILED REPLY…!

    Posted 6 years ago #
  5. sc432114
    Member

    whatever you record should be in the device and media, must not be transferred from one medium to another, that is what i have been told. don't apply for divorce. don't loose heart. it is a fact that husbands are treated worse than terrorists like afzal and kasab. in the end you win. you have good proofs. remember that the indian judicial system works at less than a snail's pace.

    Posted 6 years ago #
  6. sc432114
    Member

    A popular tapori song from the movie Adhikar (1971) sung by Rafi, 40 years ago!

    http://www.youtube.com/watch?v=JnSRyB8NEmY

    rekha o rekha jab se tumhen dekha
    khaanaa-peenaa-sona dushvaar **** gaya
    main aadami tha kaam ka bekaar **** gaya
    rekha o rekha ...

    tumase dil kya lagaaya hai tumako qaabil banaaya hai
    din-raat jalaati **** deevaana banaati ****
    are mera bhi ek din zaroor aayega
    rekha o rekha ...

    kaafi mahanga ye pyaar hai shaadi ka intazaar hai
    maalik pe bharosa hai maine to ye socha hai
    are mehanat jo ki hai to phal bhi milega
    rekha o rekha ...

    Posted 6 years ago #
  7. rekha_s
    Member

    "ESCAPE THE GUTTER (MORE COMMONLY KNOWN AS D ‘GREAT’ INDIAN JUSTICE SYSTEM), & PERSUE MY STUDIES ABROAD & SETTLE THERE ANYHOW. (I HAVE ALREADY GOT MY ADMISSION). IF I HAVE 2 VISIT INDIA, I WOULD VISIT VIA KATMANDU ROUTE"-

    will you able to carry on your studies peacefully leaving here your parent to fight ??

    "MY WIFE HAS OFFICIALLY BEEN DIAGNOSED WITH HAVING PARANOID SCHIZOPHRENIA & BORDERLINE"

    is she capable of maintaining herself? can she work with such dissorder?

    she is suffering and as a spouse you are also not supporting but want to detach from her as she is dangerous for you. is that her fault that she has this problem.

    Ok she is not a good human being and she is very cruel. you have all the evidences what is stopping you from filing counter cases?? are you waiting for her move?

    although you are ready with counter cases (if she files 498a) will that prevent her for filing 498a??
    quashing geniune 498a will also take time as said by sc432114 and it is only during trail that you can produce such evidence?

    instead of getting into mess. why not file for divorce instead.

    Posted 6 years ago #
  8. sc432114
    Member

    don't listen to rekha.

    Posted 6 years ago #
  9. rekha_s
    Member

    think what is best for you and your dear ones. take advice from different people but decision you have to make. don't do anything for which you will repent later. remember we have one life to lead. time will not wait for anyone... you will not remain young forever...divorce is inevitable in your case and you have to maintain her for life(if she is not able to maintain) as per law. so take a final stand and move on in your life. no body is going to gain from this litigations.

    Posted 6 years ago #
  10. sc432114
    Member

    from litigation, law and judicial officers gain, how do you say dear rekha behanaji, no body gains

    Posted 6 years ago #
  11. rekha_s
    Member

    its a fees for the services rendered.

    but what about time?(you will not remain young forever) what about money spent by you for litigations? would you like to lead your life with insecurity and fear. Where will this revenge attitude take you??

    Most of the cases end result is divorce and settlement .

    would you like to fight through out your life with such slow pace judiciary system.

    you would want to settle down marry again and move on.. you will difinately feel need of a companion and children at one point or other. We have one life to live.

    Posted 6 years ago #
  12. sc432114
    Member

    it is extortion attempt. service is different. also have not filed any cases. all cases have been filed by my lovely wife/in-laws. am only defending. so it's not revenge. end of life is only death. only a coward would want to settle as this is the only life one has. i will fight on. thank you rekhaji. i don't know your details. i know mine.

    Posted 6 years ago #

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