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498A - Divorce

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  1. kkk
    Member

    Hi,

    I got married 1 year back. We stayed together around 20 days. My wife has some kind of physco behavior or adamant behavior. She never had any friend at all. She hurt herself with a fire. She will not adjust with anyone.She is not willing to stay in my house. Due to this, I filed a divorce within a year. Then my father in law threatned me through phone to withdraw the divorce case. He is a central government employee. I gave a complaint to SP regarding this treatening. After this they filed an 498A against my whole family. This is pending with the social welfare department. We got the anticipatory bail. I have all the recordings to prove that we did not ask any dowry. whatever they have done is a counter attack. I hope I will get a positive report in the 498A. I think they do not want to leave me easily. She wants to live with me but I need to obey her orders. It is not possible for me. Please answer for the below questions,
    1. Steps to be taken once I got positive report in the 498A.
    2. How much it will be useful for my divorce case.
    3. Legal steps against them for filing false cases.
    4. Any other help would be appreciated.

    Posted 5 years ago #
  2. victim498amisuse
    Member

    Unfortunately, once 498a case is filed warrants warrants are issued against the husband and his family without any investigation. Police doesn't need any kind of evidence from the wife and all they require is a written complaint from the wife.

    If you go and talk to the police that you did not take any dowry, they would POSSIBLE tell you that they understand that and yet cannot help because this is how most of the cases are filed these days. So, you are not alone.

    One lady, P. Marella, tried to file false cases against her husband. She committed a crime in a foreign country while she was with her husband. When she was caught red handed in that crime, she ran away to India. Then their parents instead of apologizing, started extorting husband's family for money. Once they did that, husband's family sensed that they could file a false case and immediately got anticipatory bail from the high court:

    http://hc.ap.nic.in/orders/crlp_1239_2010.html

    Even after getting this, P. Marella filed false 498a case on husband's family. Since husband's family wanted to come out of this mess as quickly as possible (which I believe anybody would, in that situation), they had to agree to the amount demanded by P. Marella, her father L.Marella who is a school teacher in a railway school in Vijayawada. The case got closed only after the agreed money was given to her.

    So, 498a law is nothing but a weapon that Indian Penal System has created to let women extort men for money. Why is it so widely used now and not a decade ago? Thats because slowly moral values from most Indian communities are disappearing, for best example people like P.marella who dont mind stealing mangala sutram (sacred matrimonial chain) from her best friend's house.

    If case is already registered, I suggest you get a copy of FIR and go to highcourt to get bail order (for all the people she put in the complaint). You might want to consult a good lawyer.

    Posted 5 years ago #
  3. Adv.Kachave
    Blocked

    If you are not willing to stay together, you press your divorce petition through your lawyer.

    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 5 years ago #

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