MyNation Foundation Forum » Advice » 498A

  1. kurheamol
    Member

    My wife along with my 1 yr baby ran away from the matrimonial home on 7th Mar 2011 at 10:30 am without any serious reason. We immediately filed the missing complaint on the same day. On 9th May we filed the same in Akola police station where she was with her parents. Then on same day she tried to file 498 A against my parents and myself. The same is register with Women Protection Cell Akola. we got the summons of appearing in same office on 28th Mar, which i was not able to attain. We also filed the Restitution of Conjugal Rights on 2nd April 2011. The hearing of the same was on 2nd May. She didn't attained the same the next hearing is on 19th May.

    Meanwhile I visited the Women Protection Cell Akola on 11th April 2011. There we found that the complaint file was false. It was mentioned that she was beaten by 7:30 pm. My Mom DAD and Sister who is married force me to beat her.
    During the course of interrogation/ discussion/ The Women Cell ladies found the entire case filed was not correct....and asked her to stay by with me in my matrimonial house. She also didnt brought our baby gave reasons that the temperature was heating up so she didnt brought the baby. Again the Women Cell gave me another summons of 9th may.

    I want to know that what are the consequences of not appearing the Women Cell? Cant they stop the case in Akola as the case is filed with Court?

    Also what are the consequences of my wife not appearing in the court for Trail..?

    Posted 6 years ago #
  2. Dr.Dsouza
    Member

    You say Meanwhile I visited the Women Protection Cell Akola on 11th April 2011. so where is question not appearing in women cell ? based on Women cell report case will go on or dismissed.
    if she do not come for RCR, it will be ex parte and you can proceed with Divorce petition.

    Posted 6 years ago #
  3. kurheamol
    Member

    I mean on first date of Women Cell i didnt attain so on next date i.e. on 11th April I attained.

    I want to know that what are the consequences of not appearing the Women Cell? Cant they stop the case in Akola as the case is filed with Court?

    Posted 6 years ago #
  4. Dr.Dsouza
    Member

    You should have explained them why you did not attend 1st date; or they did not asked why you did`t came ? when you went next time ?

    Posted 6 years ago #
  5. kurheamol
    Member

    Yes Mr. Dsouza, i had sent one of my relative to attain the first meeting and also i had sent Doctors Certificate as Im heart patient. So they gave us next date i.e 11th April which i along with with my family attended.

    Posted 6 years ago #
  6. kurheamol
    Member

    On 19th May 2011, there was first hearing of my petition in Family court. both of us we counselled by the counsellor sperately and individually. Wht will be the next course of proceedings. Our next hearing is on 12th July.

    Also, i want to know that whether she can file petition of transferring the case to Akola instead of Pune?

    Posted 6 years ago #
  7. Dr.Dsouza
    Member

    No one can predict who women do next.
    if counselling is over then they will report back their finding back to court, as per the outcome case will continue.

    Posted 6 years ago #
  8. kurheamol
    Member

    on 30th May we had date with WPC in akola. But due to some official reason i didnt attended the same. The Police is now threatening me with 498A. Though i told them that the case of RCR has been started in Court. But still they are threatening me with 498A.

    Pls help with further course of action.

    Posted 6 years ago #
  9. Dr.Dsouza
    Member

    What age you are living in.?
    Record their threats and report it to SP.
    dont act like dumb, whatever official reasons, attend 498a related things 1st.

    Posted 6 years ago #
  10. kurheamol
    Member

    Mr. Dsouza,
    will it be possible for them to launch the 498A now at this stage......? Even when i have filled RCR in Pune Court?

    Posted 5 years ago #
  11. kurheamol
    Member

    on 7th Mar 2011, i filled Missing against mywife in Pune. On 9th Mar 2011 i filled it the same in Akola. On same day my wife filed the complaint with Women Protection Cell.
    On 2nd April 2011, i filled petition for RCR in Pune Family Court.

    On all this grounds will it t=be possible for Police to file 498A against me and my family? If yes then wht should be the appropriate steps to counter the same?

    Posted 5 years ago #
  12. Dr.Dsouza
    Member

    She can file 498A even you are divorced. Police has to take her FIR, only after investigation they will decide take it or not.
    What you filed that dosnt matter they will go ahead with as per their knowledge. they can keep FIR for years,they can charge sheet without investigation also. Even there are direction from Police HQ.

    If you believe you are innocent and flasely victimised, let them know with whatever proofs you have, if police threaten you, you can write to higher Authority of Police and followup with RTI.

    ask police to do proper investigation. file RTI with Police and get FIR copy and Police dairy of their records. your RTI will make Police awake if they are half sleep to do proper investigation.

    and Dont forget to find a good Criminal lawyer and ready for anticipatory bail, if required.

    Posted 5 years ago #

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