• Fake 498-A,307,323,326 (b),506

Hi Friends,

I married a bad girl(age:28) on 26-12-2013. I am working in Bangalore in a MNC Software company.I am from poor formers family from kadapa dist,Andhra pradesh. She was with me for only one month. She dont have parents and she was staying with sister and brother-illaw. I thought she dont have parents and dont have studies also(10th pass), so she love my family. But she already having illegal relationship with her sisters husband.Just for society and for property she married me and spoiled my good life.  She came back to their their sisters house on 30-03-2014 from Bangalore. She didt come to Bangalore.

She and their sisters family is a jungle persons. They done baanamati and chetabadi against me. I went to that bad girls house to bring back that bad girl. That stupid girl already removed "TAALI BOTTU" and "LEG METTIES" and not like to come with me. She and their sisters family demanding 5 lakhs.

In that situation i depressed a lot and i committed suicide in front of that bad girl house. In stomach in with knife i cut 12 times, She and her sisters family dont help me to hospital also, and they filled false cases against me Fake 498-A,307,323,326 (b),506

I was in jail for 17 days. She demanding 5 lakhs to divorce and 5 lakhs for case compromise.

All my dear frends what should i do, shall i pay 10 lakhs.

But 5 cases filled na, how many days it will take to clsoe all cases and taking the divorce also. Please frends and layers help me to come out from these big problem
Asked 3 years ago in Family Law from Kadapa, Andhra Pradesh
Religion: Hindu
1. It is really unfortunate what you have gone through. However, committing suicide is not the answer to any problem.

2, You have said that your wife had an extra marital relationship with her brother-in-law. Do you have any proof of this? If yes, what is the nature of proof in your possession? Depending on the answers to these two questions you can file for divorce against your wife after a year has elapsed from the date of marriage. 

3. In addition to filing for divorce, you can also prosecute your wife's brother-in-law for adultery.

4. A wife who commits infidelity has no right to seek alimony from her husband. Do not accede to her demand of paying Rs.5 lakhs to close the case and equivalent amount for mutual divorce. If you have proof of her infidelity then her claim to alimony will be rejected by the court.

5. You may unilaterally apply for divorce on the ground of adultery, as suggested earlier, which your wife can contest. Contested divorce cases run longer than mutual divorce, but if you have valid proof in your possession then you will be vindicated in the court.

6. Contest fittingly the false cases filed by your wife.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

Hi, it is better you  have to negotiate her and settle the matter amicably but in law sentiment has no value if you able to prove before the Hon'ble Court that she has extra marital affair with her brother-in-law  then file a petition for divorce on that ground only or otherwise  file a petition for divorce and refer the matter to the mediation and try to negotiate or other wise you have to running from one court to another court and you can't marry second wife during the pendency  of divorce petition and age will also running so try to solve the problem amicably.
Pradeep Bharathipura
Advocate, Bangalore
4551 Answers
203 Consultations

4.5 on 5.0

Hi, it is better you can apply for divorce on the ground of cruelty other wise you have no remedy.
Pradeep Bharathipura
Advocate, Bangalore
4551 Answers
203 Consultations

4.5 on 5.0

1) You need to contest the cases on merits. As far as the 498A case is concerned the police has to investigate and find that the contents of the complaint of your wife are correct.

2) The offence under section 307 of IPC is attempt to murder:Whoever does any act with such intention or knowledge, and under such 
circumstances that, if he by that act caused death, he would be guilty or murder, 
shall be punished with imprisonment of either description for a term which may 
extend to ten years, and shall also be liable to fine; and if hurt is caused to any 
person by such act, the offender shall be liable either to imprisonment for life, or to 
such punishment as is hereinbefore mentioned. 
 and is of quite serious nature.
I wonder if you tried committing suicide why the charges were brought against you.
3) Try to settle the matter amicably out of court.Get a lawyer or any impartial intermediary to negotiate with her family and get her to agree for a mutual consent divorce and a reasonable amount in alimony.
S J Mathew
Advocate, Mumbai
2240 Answers
110 Consultations

5.0 on 5.0

1) if you say your wife is having an affair with your brother in law gather evidence . contact a detective agency and gather proof . then file case of adultery against your brother in law . 

2) suicide is not a solution . you should consult a psychiatrist and take treatment for your suicidal tendencies . 

3) contest 498A case on merits . refuse to pay Rs 10 lakhs demanded by your wife 

4) file for divorce on grounds of mental cruelty and adultery after December 2014  . wife who is guilty of adultery is not entitled to maintenance .

5) 498A case/divorce case will take around 5 years to be disposed of
Ajay Sethi
Advocate, Mumbai
45520 Answers
2676 Consultations

5.0 on 5.0

You contest the criminal case filed by her and meantime try to collect evidence/proof of her adulterous relation then file for divorce on the grounds of adultery and cruelty after completion of one year of marriage. Do not pay her demanded amount.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations

4.7 on 5.0

1. If you do not have proof of the infidelity of your wife then your case will crumble like a pack of cards in the court as the judicial finding of a court of law is founded on proof alone. Engage a detective agency and unearth proof of the adultery of your wife, and thereafter apply for divorce on the basis thereof.

2. Contest the dowry harassment case on merits. 

3. That you have criminal charges pending against you is not a ground to unilaterally apply for divorce. As suggested earlier, collect proof before filing for divorce.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

Dear Querist
 first of all try to settle the matter amicably if not possible then fight the case on merit. 

There is ni specific time limit for finalization of the cases.

Contact a lawyer personally in your area with all the documents it will be better for you to get bedt advice.
Nadeem Qureshi
Advocate, New Delhi
4856 Answers
221 Consultations

4.9 on 5.0

1. Trying to commit suicide is a crime which please note. It is also not a socution to your problem,

2. Most of your problem will be reduced if you can get evidence of her adulterous relationship with her BIL,

3. You can engage a detective agency also to collect evidence for you,

4. Contest the case file by her fittingly,

5. Do not pay any amount. Do not ask for any discussion now. Let the case run. It may run for atleast 4 years,

6. You can file a Divoce case after one year of your marriage on the ground of cruelty,

7. Engage a local lawyer having expertise in this field.
Krishna Kishore Ganguly
Advocate, Kolkata
18493 Answers
448 Consultations

5.0 on 5.0

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