MyNation Foundation Forum » Advice » 498A

Need Help for IPC 498a

(27 posts)
  1. Gagan
    Member

    Hello,

    She is coming to court. She has not given any reply in written. Only in verbal she is telling that she wants to come back to me.

    The judge has put the case for mediation. How can the mediation fail . I do not know whether RTI is done or not. As RTI was put up by my lawyer. He is telling in verbal that police is not giving any information.

    I also want to know that if any female goes to police station to lodge dowry case, does police check evidences or not. Do the police record the conversation of the girl or not .

    Through RTI, can I ask for the evidences which my wife has given to police or not .

    Looking for your reply .

    Posted 4 years ago #
  2. Dr.Dsouza
    Member

    They have to do investigation; if they know you have knowledge of Legal system and police guidelines about 498a and other investigation they will do enquiry correctly

    check this circular
    http://mynation.net/docs/5201-5300/

    it is better talk to our Delhi members; they will guide you.

    Posted 4 years ago #
  3. Dr.Dsouza
    Member

    there is way to ask RTI details;
    you cannt ask
    where
    when
    why
    what
    etc.

    Posted 4 years ago #
  4. Gagan
    Member

    Hello

    I would like to know that since IPC 498a has not started, can my wife take back the case or not . My wife made me promise over the child & said that i will not keep any contact with my parents or sister or brother. I have lost my family & i ask her to leave her parents , she is not ready to do so.
    What should i do now .....

    Posted 4 years ago #
  5. Dr.Dsouza
    Member

    if its in FIR state then she can take it back.
    she can take it back only if you agree after that.
    forcing you to abandon parents is cruelty, make a note of it, it may help you IF you are going for Divorce.
    see this news http://www.thehindu.com/news/national/article3606800.ece

    Posted 4 years ago #
  6. Gagan
    Member

    Hello
    Good Afternoon,

    I have read your reply Thank you. I would like to know that I do not have any written evidence where she said that I would not keep any contact from my parents, brother & sister. There is chat conversation where she had me that I m staying away from my parents with my happiness. I had said ' Yes' . That time I told because of unborned child who is my extension. And my wife is capable of hurting herself & the child in anger. Before marriage. my wife had told me verbally that long back, she had tried to kill herself. Can they use that conversation against me.

    If I do not want to travel to delhi & take back RCR and then file for divorce. is it possible or not .

    I would like to know that I was given wrong information about my wife's education . How can I use this point against them.
    Can I file divorce on the basis of the too much interference of her parents & brothers.
    Can I file Divorce on the basis that my wife has deserted me ( I do not know what proofs to give).
    What can I do if my wife or wife's parents demands for the money which they had spent in the marriage .
    Looking for the reply . ASAP .

    Thank you.

    Posted 4 years ago #
  7. Dr.Dsouza
    Member

    threat of suicide or hurt herself also cruelty on you; there are judgments on that too
    please check http://mynation.net/docs/ in its sitemap section. which are very useful; read it, then you will know which citation you can use in your situation.

    if you take back RCR and go for Divorce then court will force you to give her maintenance.
    if you have proof of wrong info or any other evidence you can use it in defence of your Divorce with other main reasons of Divorce.

    Did you ask them to spend money....? then they dont have any rights to demand spent money. as in every marriage both parties agree to spend as per their capacity and as per their rites and customs.

    Posted 4 years ago #
  8. Gagan
    Member

    Hello
    Good Morning,

    I read your msg. Thank you. We did not ask them to spend so much money . We kept telling that Pls do all the arrangements according to their pocket. But they spent money Lavishly.

    I also want to know that since IPC 498a, is open and it is in FIR state. Then can we show evidences & proofs to police and get IPC 498a cancelled or something by the police . If we have to get IPC 498a quashed which is in FIR state then do we have to go to court.

    Once IPC 498a is quashed, can my wife again put IPC 498a or not . If yes, then after how much time can she do so.

    Looking for your reply .

    Thank you

    Posted 4 years ago #
  9. Dr.Dsouza
    Member

    If police convinced to your proofs and think her statement is false then they can dismiss the FIR or if you have stronger evidence and police is not listening to you you can approach court to quash FIR.

    Even after dismiss/quash she can file again ; They are empowered to file case N number of time unless you get the order from Court.

    Posted 4 years ago #
  10. Gagan
    Member

    Hello,

    Good morning,

    I told my lawyer to to go to police with evidences so that he can convince police and IPC 498 can be quashed by the police but my lawyer said that it is not possible . Can u please furnish me with details .

    Posted 4 years ago #
  11. Dr.Dsouza
    Member

    Lawyers always says its impossible, whatever we says, coz they mis the customer.
    its not lawyer job;
    you have to co-ordinate with police and give them proper proofs and details.
    Write to SP or higher authority if local police are biased or not listening with CC to police.
    show them you know the law, and there are direction to Police from TOP how to handle 498a cases soem circulars are listed in on DOCS section

    for more call our members and attend weekly meetings; They will guide you

    Posted 4 years ago #
  12. Gagan
    Member

    Hello

    I received your reply . Thank you. I fear that police might arrest my parents & me . And harass us . How can we convince police.

    Looking for your reply ...

    Posted 4 years ago #

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