MyNation Foundation Forum » Advice » 498A

498A, 3/4 Dowry Act.

(24 posts)
  • Started 4 years ago by Abhishek_1980
  • Latest reply from Dr.Dsouza
  1. Abhishek_1980
    Member

    My wife left my home with my kid in feb 2012, before leaving she did one NC in Mumbai, after that she did one FIR in her native (Bihar) police station and put all my family member's name.
    My sister husband jailed for a week and got regular bail.
    We got A. Bail for my my parents and for my sister, mine was rejected by lower court.
    I applied (A bail) before high court and got stay against warrant till 4th Jan. On 4th Jan I have to be present before the high court judge for compromise. as she(My wife) wanted to come back.
    My questions are:
    1) She did One NC(FIR CRPC 155), and second one in her native place, Is second FIR is maintainable?
    2) Now I don't want to continue any relationship with my wife, should I file Divorce?
    3) On 4th Jan if judge ask to take her back, what should I reply as I dont want to take her back?
    Please help.

    Posted 4 years ago #
  2. Dr.Dsouza
    Member

    She cannt file 2 cases on same fact in different places;

    dont file Divorce, file RCR, let her answer in court that she want to come back or not.

    never say you dont want your wife, you just say once case is over you are ready to take her back, if its 498a then she cannt withdraw herself, without your node she cannt withdraw.

    Posted 4 years ago #
  3. Adv.Kachave
    Moderator

    You may file divorce petition & get free from her, it will be better.
    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 4 years ago #
  4. Abhishek_1980
    Member

    My A. Bail is still pending in High Court Patna. I got the stay order only?
    should I file Divorce now or after the bail?

    Posted 4 years ago #
  5. Dr.Dsouza
    Member

    do not hurry for Divorce.
    men in India need stronger points and proofs to file for Divorce. if you have enough proofs then go for it. else file RCR. and child visitation.

    Posted 4 years ago #
  6. Abhishek_1980
    Member

    I have asked for visilation rights but my lawyer says that we will do after A.B. or bail, I have appeared before the judge in high court chamber meeting. My lawyer said that compromise is not possible, the judge then asked to my wife that what she wants, my wife was crying horrably infront of the judge in chamber meeting room and was telling we have harassed her from 2 yrs and bla bla.. judge asked again what she wants the she said she wants to stay with me. then judge looked at me and orded for medeation. I am in mess now.
    I dont want to take her back what can i do now. Please let me know is someone fighting 498A or maintanance case in Bihar??

    Posted 4 years ago #
  7. Dr.Dsouza
    Member

    you should have told, she is filling case now just to show, she says she want to join you.
    judges knows all this drama, still they order mediation.
    you shoul dhave told how to take her back when case is pending. or Once cases are over im ready to take her back.

    Posted 4 years ago #
  8. Abhishek_1980
    Member

    May i know the Patna Help line number please?

    Posted 4 years ago #
  9. Abhishek_1980
    Member

    I have slapped only once to my wife, If I accept in medeation that I have slapped her(she was abusing a lot to my family members continuously) with explaination, would that harm to my case or is there any negative affect to getting AB?

    Posted 4 years ago #
  10. shaziasuroor
    Member


    Posted 4 years ago #
  11. shaziasuroor
    Member

    Hi Abhishek,

    We hail from Patna and my brother and family has also been slapped with the same case.we are still in the process of taking AB.My father had to take a regular bail as we did not get any heads up for this case being registered .getting a good lawyer seems to be the only solution.I have also got in touch with one good lawyer for guidance but he is from delhi. if you need contact details..pls email me at mailtoshazia@gmail.com .

    Posted 4 years ago #
  12. shaziasuroor
    Member

    Also would advise you that even if you have ever slapped her..not accept this fact as will weaken your case only

    Posted 4 years ago #

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