498 & Divorce case

Welcome Forums Judgments Request for Judgment 498 & Divorce case

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    • #186
      Anonymous
      Guest

      Hi All……. I got married in 2nd Oct 2006 & returned back my parents home in 23rd week of June 2007.I came back my home in one dress & brought nothing. I left everything in my inlaws home my clothes, gold jewellery, Bags, all my cerficates, marksheet, mobile.Till date i got nothing back.

      On same day evening my husband had filed compliant to his near police office that ‘I had left home with all my belongings & without informing to anyone. On 2nd Oct 2007 he had filed divorce case. I had asked him only for my belongings & nothing else still i had not got divorce. He himself is not ready to sign on divorce because he is worried about 498 case. He & his lawyer want to remove that case first then only he will give divorce to me. What to do for this Plssssssssssss advise. I am worried that after removing 498 case if he wont give me divorce then. what should i do??????????????????????

      Now i dont want my belonging also only i need is divorce so pls show me way as how to proceed for that in court????????

      Secondly my parents & i had lodge compliant against him for my mental harassment, abusement, dowry. Then Maharashtra state had filed case against them on 2008. About 498 in detail i got to know from internet & from your forum. I really felt bad for those male who were abused & suffered so much, i also felt bad for those females who geniunely suffered but in none of the places you had referred that. It is not right to say that every time males only have to suffer.

      Regarding my this 498 case i want to get this also settled without giving any trouble to anyone, bcoz for past i dont to ruin anybodies future. Hence how can i get rid of this cases in 1 or 2 hearings. I am hurrying in solving the cases so that i can accept the abroad opportunites i am getting. I want to built my profession career now……….So let me know what should i do????????????????. Let me tell you that no arguments or cross questioning are started in both cases. I am getting only dates till date. I had a talk with my husband lawyer & he said that in next hearing he will app for discharge for 498 case.

      Also pls let me know if you require any other information so that you can suggest me more………….

      Thanking in advance & awaiting for your very urgent reply………..

    • #1183
      Anonymous
      Guest

      We are not sure your case is real one or not; If its real its your own kind made other women situation misrable by filling false 498A / DVA cases against husband families. so judiciary / Police think yours is also yet another sob story, Even if its true.

      Many women come to us asking for advice, after filling dowry case, do not tell us its your Parents or State file these cases, unless your signature or node.

      Many women burnt hand after filling dowry cases, saying they gave dowry, but in IPC 498a, it says Giving dowry also a crime equal to taking it. so you are guilty too.

      By filling false case, you stuck again. you may thought or lawyers adviced, your husband wll drop on his knees if you file 498a or DVA, those days are gone, many Lawyers trying make money from both sides by misleading both parties.

      If criminal case is pending you cann`t travel abroad, and if his 498A is dismissed then he will file damage / defamation and misusing law / Process, case against you and you will stuck forever running post to pillar.

      We are against abuse of law process, if you really harassed for dowry and Domestic violence you should fight for your rights, when you says you want to withdraw case, that clearly shows these cases are false.

      so we can say you dug your own grave, now you can blame your dear Parents for filling case in your name.

      You deserted him and also filled false case, so he will get Divorce as and when he wanted for desrtion and filling false case [ check for this judgment here http://mynation.net/docs/ – filling false case amount in Cruelty ]

    • #1184
      Anonymous
      Guest

      What if the boot was on the foot ?

      You left him, filed a false case against him and now because you are looking at other opportunities, you want him to sort it out and divorce you. And you can’t bring yourself to trust him enough, that if you take back your false case, he may not keep his word and agree to a mutual divorce. It may not be out of place to mention ” Serves you right “. His discomfort did not bother you till you realized that you were the one who may have to pay the price of your callous, inhuman and deceitful behaviour.

      Sick really sick. And you want to couch it in terms of not spoiling someone’s future. Honey the only person in this situation who does not seem to have a future is you.

    • #1185
      Anonymous
      Guest

      I have gone through your matter, you have left your matrimonial house without permission of your husband, its first mistake, after that you have prosecuted your husband u/s498 (a), it’s 2nd mistake, because of this enmity is created & now you are expecting to solve the matter easily. If you were willing for your carrier why you have married & spoiled life of others. If such type of attitude is there, no easy way is there. So both of you forgive to each other. Then only there will be amicable settlement . Try your leaval best.

      Adv . Ramchandra,

      9821387099, 9224799546

    • #4058
      jhankar97
      Member

      I have filled a divorce case 605/2018 on 30th March 2018 in the family court, Ghaziabad, Uttar Pradesh.

      After receiving the notice from family court my wife did not reply to the notice and filled a false FIR case no 19/2018 on 19th May 2018 from Mahila Thana, Samastipur, Bihar.

      PRELIMINARY FACTS

      1) On 22nd Dec 2017, I went to Dehradun police Mantralaya office from my office work and I returned on 25th Dec 2017, I had informed my wife earlier, about my official trip.

      2) On 24th Dec 2017, my wife and his father along with (younger brother) stole all my original educational certificates
      ( 10th, 12th, B.Tech marksheet), Official confidential data, agreement and bond papers, My bank account cheque book, ICICI, PNB, IDFC ATM card, Standard chartered ATM/ credit card, Passport, Aadhar card, Pan card, driving license, vehicle registration card and Portable hard disk having my confidential data and went to samastipur Bihar.

      3) On 2nd Feb 2018, when I realized my documents were missing from my office table at my home, I called my wife, his younger brother and father, and my father in law accepted on call that by mistake these documents have come along with them. When I told them to send these documents urgently as I needed for my joining date, his brother confirmed me on 2nd Feb 2018, at 12:49 am he will courier the documents next day itself.

      On 5th Feb 2018, at 2: 37 pm he confirms me by sms “ Namaste Mehman ji Aapka Documents Courier Ho Gaya Hai”.

      Even after 7 days I did not receive any documents, when I crossed checked with his brother he denied.

      *Voice recording can be produced if required.

      4) On 23rd February, 2018, her uncle DSP , along with her wife, mother in law, father in law, my wife younger brother along with my wifr reached my home and when I asked for my documents they denied, hence I did not open the door. He started abusing me and started shouting to gather the public in the building and nearby areas. When the situation got worst I dialed 100 to call local police for my protection and filled FIR against stealing my documents with passport, Aadhar card and other educational certificates, but my case was not registered in the Indirapuram thana.
      *Annexure:
      1. FIR application attached for reference.
      2. Voice Recording of Police man which was fully drunk in Indirapuram thana.

      After that her uncle DSP , influenced thana inspector and 5 policemen beaten me badly until blood came out from my mouth. They took my signature and put me inside the Hazat at 1:00 am and brought me out at 4:00 am.

      5) From 23rd Feb 2018 all these family members were staying in a single room in my Vasundhara rented flat. On daily basis they used to create some nuisance along with the neighbors to torture me and harass me mentally.

      6) On 20th March 2018, my wife started coming to my office along with my building neighbor’s from 23rd February to 27th March, 2018, to take my job and insult me. She used to shout in my premise and gather office people to influence them against me.

      *Annexure: CCTV footage of my office premise where my wife and neighbors are creating nuisance.

      7) On 27th March, 2018, when I asked my wife to return my documents she denied. Then I decided to leave my house for a PG along with 4 set of clothes only. I shifted to Mahi PG, in Indrapuram, Ghaziabad.

      8) On 30th March 2018, I filled a divorce case in family court, Ghaziabad. My wife received first notice on 3rd April, 2018 in Vasundhara, Ghaziabad flat. After this she went to Mahila kalyan seva Ghaziabad. They called both the parties and heard their grievances and suggested to reply Divorce case notice first. They denied to register any false FIR against me regarding Dowry case 498 A. They suggested both the family for counselling in the family court and not to register any case against husband.

      9) 10th April, 2018, all family members DSP, her wife, Mother in law, father in law, ( younger brother) and my wife left for Samastipur from my Vasundhara flat and seized the house keys along with my belongings. Still they are keeping the house keys with them along with my belongings.

      10) On 19th May, 2018, she filled false FIR case in Mahila Thana Samastipur, with influence of DSP, without sharing any information of divorce case filled by me on 30th March 2018.

      11) On 25th July 2018, Gayashankar (IO) along with Noida police went to my Noida office and met to my director and tried to influence and took my job.

      *Annexure: CCTV footage of IO Gaya Shankar where he is influencing my Director to take my job. One voice recording where Gaya Babu he is asking for money from me to write case diary in my favor.

      12) On 4th August, 2018, I was in Samastipur court for my parent’s bail hearing, when I came out my father in law came with the police and got me arrested. They even beaten up very badly and bruised my face and locked me for one day in Hazat. They even did not give any food or water. On Sunday, police sent me to the jail. They did not even allow me to inform my family and seized my mobile phone. I went to the jail In order to save my parents life as my mother already lost her left kidney and she was on bed rest. Police inspector, Bijender Ram-Gaya Babu ( 8674862947) from Mahila Thana was torturing my parents and started making threat calls and demanding money.
      *Annexure:
      1. Photographs of my bruised face where blood is coming out, when police beaten me.
      2. Medical Report of mother’s lost left kidney
      3. Voce recording of Gaya Babu (8674862947)

      13) Inside jail, they even forced me to sign on the compromise letter, 1000 Rupees bond paper, application to take divorce back and influenced other inside the jail by his advocate and family members along with my advocate Mr. Vinod Maharaj to torture me.
      *Annexure: 1. Copy of Compromise letter.
      2. Copy of 1000 Rupees Bond paper.
      3. Copy of application to take my divorce back.

      14) When I was produced in front of the judge before 26th Sep 2018. I told judge I wanted to keep my wife earlier once counseling was done in Ghaziabad but since her nature of conduct is not good and she filled a false FIR case to ruined my life and career. hence I can’t live together and I will never keep my wife until my death but, I am willing to give maintenance. I have an earnest request to you, please don’t force me to keep my wife and give me a better solution to start my new life or you may reject my bail.

      15) Before 26th September 2018, first compromise letter filling was rejected by the judge.
      Later, by this time, they even tried to influence my Lawyer Mr Vinod Maharaj and bribed him to file same compromise letter again. Where my wife paid an amount of 6000/- to my lawyer and he became her party.

      Even after knowing the terms & condition mentioned in the compromise letter my lawyer intentionally filled this letter in the court without my consent forcibly.

      On 26th September 2018, I had an argument regarding this with my lawyer while I came to sign from jail in court. On the same date in the evening, without my witness in the court, my bail was granted.

      16) Unfortunately, I could not stop this as they did not present me before the judge for witness. On 26th Sep, 2018, Judge allowed me bail on the basis of second compromise letter without my witness in court, on the basis of only two points judge granted me bail.
      1. Husband will keep wife with dignity.
      2. Only husband’s relative will be the bailer.

      17) I even managed to remove my lawyer and gave power to another lawyer. I even did not sign my bail bond from 26th Sep to 6th Nov’18 (40 days) inside the jail. As I wanted to meet the judge and share how I was forced to sign compromise letter, 1000 Rupees bond paper, application to take my divorce back inside the jail and my lawyer cheated me.

      18) There should be strict action taken against my previous lawyer Mr. Vinod Maharaj for taking bribe and forcibly taking my signatures on blank papers and other documents.

      It is, therefore, prayed that Strict action should be taken against all the mala-fied cases, which my father in law initiated against me as it is deemed as Criminal/Civil defamation under the section of Indian Panel Code. All such false proceeding initiated by him shall be defended by me at the sole risks and consequences of her family. Hence, I am seeking an appropriate legal action to be initiated against her family for such mala-fied acts.

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