MyNation Foundation Forum » Advice » 498A

Need Help...Please

(9 posts)

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  1. drawer
    Member

    Everyone,
    My wife has falsely filed 498A, against me recently....heres the facts.
    Jan 2010 - Both hindu's and Indian citizen from Kolkata. Got married as per SMA. I am on work visa, working in US currently. Before marriage wife was also working.

    Feb 2010 - Both of us flew to US.

    Oct 2010 - After 9 months, deserted me, after a big drama of staying outside house for 3 days at some other place and finally flew back to India at her own house. Never contacted my parents, neither contacted me.

    Mar 2011 - After 5 months of returning, filed ONLY CrPC125 and Interim Maintenance case. Immediately after filing within 15 days, started working and earning approx. 35K pm. Stopped communication and never responded to my emails while considering her come back.

    Dec 2011 - I replied to her 125 petition. They stressed on interim, so court asked me to reply to her interim petition by Feb 2012. Meanwhile, wife and MIL, visits my mother when she was alone and threatens her to stop contesting the maintenance case, else bear the brunt of 498A. Parents filed a GD in PS.

    Feb 2012 - I replied to her interim petition, disclosing to court how she was hiding the fact of her employment for last 1 yr.

    Feb 2012 - Within 2 days, of my interim reply, she files 498A and 406, against my parents and myself.

    Mar 2012 - In mid march, police visits our house, but thankfully since no one was at home, retruns. Parents gets bail from session court.

    Apr 2012 - In apr first week, I had to come to India, to console my old parents and other personal work. Received conditional AB from session court, that I cannot leave India without court's permission, cannot threat opp party, need to visit IO once every week.
    -------------------------------
    Crux of story is : 498A/406 filed against us, after almost 1.5 yrs of no domestic relation. First 125/Interim, but when I contested the same, out of anger and revenge, filed 498A.
    -------------------------------
    I have been asked by session court to visit after 2 weeks again of granting AB. I can sense, police and wife's family going to try there level best of challenging the AB, to held me in India and eat up my employment in US.

    In such a scenario, what should be my approach going forward ?

    Posted 5 years ago #
  2. Dr.Dsouza
    Member

    she can file 498a, even deserted for long; saying you were harassing her and demanding dowry bla bla
    can you tell us what she wrote in 498A FIR ?

    Posted 5 years ago #
  3. drawer
    Member

    Till now, I have not been able to get hold of the 498A FIR. As per lawyer, he is trying to get hold of the same, but couldn't get hold of it yet although the FIR was filed in first week of Feb.
    Is it alarming that lawyer is not able to get the certified FIR copy yet ?
    I apporached the IO, but he denied sharing the FIR as well.

    Posted 5 years ago #
  4. Dr.Dsouza
    Member

    They have no right to deny; as its against you.
    file RTI and they have to give within a month. meet our Kolkatta members, they will guide you what to do.

    Posted 5 years ago #
  5. drawer
    Member

    As per IO, he says, since I am the accused, how can he share the FIR with the accused until the investigation is in progress ? Although I didn't buy his logic, but no point arguing with IO.
    Can you please share the contact for someone in Kolkata who can help me in this regard ?

    Posted 5 years ago #
  6. Dr.Dsouza
    Member

    http://mynation.net/contact-us/

    Posted 5 years ago #
  7. Adv.Kachave
    Blocked

    You may challenge 498(A), & try to quash the same before Hon'ble High Court.
    http://www.jaihindlegal.com 9821387099.

    Adv.Ramchandra N.Kachave
    98, 2nd floor, Esplanade Mansion,Kala Ghoda, Near City Civil Sessions Court,
    Mumbai-4000023
    Posted 5 years ago #
  8. drawer
    Member

    As per the IO, he is going to submit the chargesheet by coming week.
    After chargesheet, will it be a good idea to go for discharge, if there is no mention of dowry related harassment ?
    My wife left my matrimonial house in US on 10/10/2010. On the same say, her father filed a GD with the local PS in India, but no FIR. Even the GD, I am sure, has no mention of dowry harassment. She never filed any complaint in US,before coming to India. Neither did she file any FIR for the next 1.5 yrs. The FIR for 498A/406 was eventually filed just 2 days after I replied her maintenance petition. It was an after-thought.

    For filing a discharge post filing chargesheet - Can we file for discharge only based on legal points or can I support it with evidence ?

    Posted 5 years ago #
  9. Dr.Dsouza
    Member

    most of the 498a related to dowry demand or harassment; so tell IO to include her also as under DP3 giving also crime, if he says you took dowry.

    Posted 5 years ago #

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