498a
3 years ago
My wife filed 498a against me, my mother, and sister who is staying in Mumbai and didn't come.to my house for 3yrs,and left home with my 9yrs daughter and went to her father's house six months ago.all of us took bail.after 2months my advocate told me that my records are missing from the court.six months passed away I didn't know whether police submit charge sheet because records are missing.now my wife filed 125crpc,and also didn't allow me to talk or visit with my daughter.i want to expedite my 498a case and also want to quash it.hiw to proceed.
Tanmoy Chattopadhyay
Responded 3 years ago
A.File a case of restitution of conjugal rights against your wife and let her give proof of cruelty against her and you keep your defense ready in case you are innocent or claims to be. Do not worry about the 498a case because once restitution is allowed the decree itself can be made admissible and relevant in the earlier case and therefore you will get what you want. As far as 125 crpc is concerned that has nothing to do with where you wife lives and she is entitled to her maintenance even if she resides with you under the same roof is condition otherwise demands so you either talk to your wife or appoint a lawyer who can bargain a minimal amount for you in court.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Hi,
a divorce case can be filed against her on the grounds of desertion and cruelty and the custodial rights can be claimed for the daughter.
Counter suits for criminal intimidation, defamation and for submitting false evidences can be filed against her.
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a divorce case can be filed against her on the grounds of desertion and cruelty and the custodial rights can be claimed for the daughter.
Counter suits for criminal intimidation, defamation and for submitting false evidences can be filed against her.
Thank You
If you found this helpful, do rate us.
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A.Hi,
You can get a divorce from her on the grounds of cruelty and desertion and then can apply for getting the custody of your child or otherwise you might get visitation rights. For quashing the false 498 a case, you need to give proper evidences and need to present witnesses in the court who can help you in proving your innocence in the court. You can file counter cases on your wife u/s 120 B, 191, 500 of the Indian penal code
Collect as many pieces of evidence as possible
Record all conversations (voice, chat, email, letters, etc.) with those threatening and keep the originals in a safe place. It is advised not to produce the original evidence before anyone.
Collect evidence to prove that you have neither demanded dowry nor have taken it anytime.
Collect evidence to prove that she moved out of the bond of marriage for no valid reason.
This evidence will be fruitful in the time of getting anticipatory bail or notice bail from the court.
Thank You
If you found this helpful, do rate us.
You can get a divorce from her on the grounds of cruelty and desertion and then can apply for getting the custody of your child or otherwise you might get visitation rights. For quashing the false 498 a case, you need to give proper evidences and need to present witnesses in the court who can help you in proving your innocence in the court. You can file counter cases on your wife u/s 120 B, 191, 500 of the Indian penal code
Collect as many pieces of evidence as possible
Record all conversations (voice, chat, email, letters, etc.) with those threatening and keep the originals in a safe place. It is advised not to produce the original evidence before anyone.
Collect evidence to prove that you have neither demanded dowry nor have taken it anytime.
Collect evidence to prove that she moved out of the bond of marriage for no valid reason.
This evidence will be fruitful in the time of getting anticipatory bail or notice bail from the court.
Thank You
If you found this helpful, do rate us.
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Suraj Kumar
Responded 3 years ago
A.i read your case in brief,before i give a final advice that what you will do,give me the answer of following wuestion.
1-how many year your marrige have passed.
2-is someone missguiding your wife.
3-you want to live with your wife in future or not.
4-what is the character of your wife.
5-she want divorce?
please post the answer of above question.
if you like my answer,please give a good review.
#criminallegaladvice
1-how many year your marrige have passed.
2-is someone missguiding your wife.
3-you want to live with your wife in future or not.
4-what is the character of your wife.
5-she want divorce?
please post the answer of above question.
if you like my answer,please give a good review.
#criminallegaladvice
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