Please advise

Welcome Forums Advice 498A Please advise

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    • #118

      I am a going to be victim of this 498a. I sent a notice to my wife on Aug07–2009 and she has replied on Sep01–2009.

      My question is:

      Is it MUST to reply to her reply or I should keep preparing myself to protect our family from this 498a.


      Notice sent by me:


      Notice on behalf of Mr. XYZ, Son of Shri ZYZ, R/o XYZ


      Ms. ABC, W/o XYZ, Daughter of ABC, presently having come down to ABC, Uttar Pradesh.


      Under instructions and on behalf of my aforesaid client, I hereby serve upon you with the following notice –

      1. THAT you, Ms. ABC were married to my client as per Hindu rites and customs on 29.4.1999 at PQR, Uttar Pradesh. After the marriage both you and my client went to U.S.A. in 2002.

      2. THAT till now both my client and you were residing in U.S.A., where my client is employed and both of you are living at the aforesaid address in U.S.A. with your 2 children, namely, T and V aged approximately 8 and 7 years respectively.

      3. THAT it may be mentioned here that the marriage between you and my client was a dowry-less marriage.

      4. THAT my client as a dutiful and caring husband was discharging all his duties and obligations towards you but you always were influenced by your parents and due to their influence you were in the habit of throwing tantrums for no rhyme and reason and my client had all along been tolerating your erratic behaviour.

      5. THAT my client was also providing best quality education to his children besides providing all the basic amenities required decent life, to you as well as both the children.

      6. THAT my client had, however, asked you not to create ugly scenes, particularly in front of the young children so that their tender mind may not be adversely affected and also request your parents time and again not to meddle in the affairs of my client.

      7. THAT to the utter shock and surprise of my client, he came to know that your father had sent Air-tickets for the journey of your daughter and both the children for 26.7.2009 from U.S.A. to New Delhi.

      8. THAT you are fully aware that Registration for New session of both the children has been completed and their Schools classes are opening on 13.8.2009. You, my client and both the children went through physical wellness check on 21st, 22nd and 24th July, 2009 and in the said test daughter of my client, T, has been analysed with initial level of Asthma and her next appointment with the Doctor for the same is 10.8.2009. Therefore due to these reasons, immediate return of Aditi to U.S. is very important and necessary.

      9. THAT my client requested you not to leave his company and also requested you not to take both the children with you as it was likely to hamper their health and studies.

      10. THAT however, you have forcefully brought the daughter of my client to India completely against the wishes of my client and also highly detrimental to the interests and welfare of T. However, due to persistent persuasion and requests, you left the son with my client at United States of America.

      11. THAT it may also be mentioned here that you and your parents are in the habit of extending threats to my client and his father for false implications of whole of family of my client in false cases and my client has serious apprehensions that you may act upon such threats. I am advised to inform you that marriage between you and my client was solemnized 10 years ago and Section 498-A of I.P.C. do not apply in this case.

      12. THAT at this crucial juncture, it is cruel on your part to leave the company of my client along with daughter of my client and such act on your part openly amounts to desertion of my client for no rhyme or reason.

      13. THAT you are also aware that both you and my client are simply Green Card holders and Citizenship issue of both is under process in U.S.A.

      In such circumstances, I hereby call upon you to immediately return to U.S. with daughter and desist from extending unnecessary threats to my client and/or his father. Please further note that if you fail to comply with the above, my client shall be compelled to seek redressal from the competent court of law either at U.S.A. or in India or at both the places and in that eventuality you will be exclusively responsible for all the costs and consequences.

      A copy of this Notice has been retained in my office for future use and one copy of this notice is being sent to you through U.P.C. Therefore please fail not and do comply. Kindly also to arrange reimburse Rs.5500/- towards costs of this notice.

      Yours faithfully



      Her reply:

      Dear Sir,

      Please refer to your notice dates XX.XX.XX issued by you on behalf of Mr. XYZ S/O Sri ABC.

      To my client Smt. PQR, I have instructions to send this reply to you as under:-

      1. That your client has given you wrong instructions and the allegations in your notice against my client are false and not admitted. The facts are otherwise as stated below:-

      2. That the marriage of my client with your client was performed according to Hindu rites on 29.04.1999.

      3. That it is wrong that no dowery was given in the marriage the fact is that his father, mother and sisters of a highly qualified were not satisfied with the dowery and presents worth Rs 5 lacks and car and other valuable house hold goods and valuable jwellary and about Rs. 2 lacs was spent on the entertainment of the baraties in the marriage/hotel tourism of my client, but he/she was being prescrised from the beginning of being 5 lacs more in dowery according to the standard of your client. These was all with the convience of your client Mr. XYZ. He did not stop his father, mother and sisters from making this unlawful demand. The illegal demand of dowery is still being persisting and were is no end to it.

      4. That there is recorded proof of these facts which shall be produced at proper time.

      5. That on 27.07.2009 when my client arived at airport it was raining too havely and my client have a PERSONAL LADY PURS was lost in rain in the way and the taxi stoped several places where heavy water stored on the way up to water entered into the taxi and in silencer because she had to come out into taxi several places and she had to stay in ahotel to her father and other relation all the valuable items passport, visa, dollars and other personal items where lost.

      6. That while staying America your client pressurised my client to phone her father to accede to the demand of further dowery by his faher, mother snad sisters. Under pressure dhe phoned off and on but my client’s father knowing of the ill treatment to his daughter refused give for the dowery which infurious your client by torture and ill treatment because more furious.

      7. Due to this reasons my client’s father had to send air tickets for his daughters and grand children and your client did not allow the son to go with his mother to india.

      8. That the daughter is not a patient of Asthma or any other ailment but on the account of the torture and illtreatment of her father she remaind disturbed and is now well.

      9. That you have illegally detained the son to force my client to go to your client and live with him, where his life is in danger, as per illtreatment and mental and physical harrassment meated out by your client.

      10. That in appears that your client has got this notice issued through you as a shield against the expected criminal prosecution U/S 406, 498A, 323, 504, 506IPC and 3/4 D.P. Act which is immitent.

      In case your client takes any action against my client the same shall be defended at his costs.

      Your’s Sincerely,


    • #928

      certtainly yu have to protect your self… and it’s gr8 that she had given in written that she is gonna to file this?? you can use this as proof also… that she is threatening you..

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