• 498a

Married in 2008 having female child 6 years old living with wife , we separated in july 2016, my duty in other town , affair -case, i caught her call records shows her mom and family they refused and asked me to give govt proof of call records, they asked me to divorce her , i said ok i want my child and you go where you want ,its a 498a gang, sister law done same case against her family, mother in law kicked out FIL years ago with threat of 498a , and in live in with other men all family are anty-social, they want to use my daughter as tool for maintenance, i know her future in dark with them , they will make her future 498a missiles 

1. wife threatened me over phone that give divorce other wise she will murder me thru her personal link ( call record shows she talk in late night on multiples numbers) i have recorded this conversation

2. i have case details of sister in law same 498a ( i am sure they have pre-formatted ligation list) )
3. my wife suddenly came to my house along her mother and started drama after she trying to kepture my mobile and bite on my left hand and chest by teeth skin and blood come out (happened on 17.09.16) i wnet out and done police complain against her mentioned this all ,murder threat, and asking money, police done my medical and asked my wife and her mother to come PS next day , after that next day morning they left my home (i stayed out in night) with laptop, lcd and some other movable assets , then they re-call me in evening to come seat and talk , i refused to meet, after 6 days my complain they done 498a in same PS accused me only, in my absence she went to my office and done make false iligation me that , i beat her daily, i did scam in my earlier company , she asked my company to terminate me from job,

,my question is 
1. custody of my innocent daughter, wife and her mother use language like street prostitute, i have recording actually they normaly talk in home , this point can help me that there culture is not fit for my child 
2. should i take AB
3. Sister in law 498a details will help me? , actually SIL now leaving with husband but case is running, actually they was fighting her case with my money, now things reversed now they will fight my case with their money 

i have decided finally , i will fight the case till my last breath and for my daughter i will knock every possible door , my only target of life to that i will pull this entire family in legal fight for many years run around the court 

how much case i can file on them
Asked 7 years ago in Criminal Law
Religion: Hindu

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7 Answers

1. If you prove such lack of culture and bad environment, you have a good case for custody.

2. Yes, if your name is appearing in FIR you must take ab.

3. Yes that case would help.

It's really heartening to know that you are prepared to fight than succumbing to blackmailing. Trust me false cases are never proved and once bail is granted nothing will remain in the case.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1) you should obtain anticipatory bail from sessions court

2) seek joint custody of daughter

3) you can draw attention of court to fact that even her sister has filed such false case against her husband

4) you can file case of defamation against your wife under section 500 of IPC for maligning your reputation

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

If police is refusing to register FIR on your complaint lodge private complaint with magistrate under section 156(3) of crpc to direct police to investigate and submit report

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

1. You should file a child custody case praying for your daughter's custody for her welfare since the atmosphere in your wife's house is not conducive for the welfare of your daughter.

2 You shall have to avail AB for yourself and also for all other accused, if any, only after FIR has been registered by the police based on her dorwy harassment complaint. After availing AB, you should contest the case fittingly.

3. Her sister's 498A case will be of no consequence for you in contesting the 498A FIR lodged against you by your wife.

4. before filing any case before the Court, collect irrefutable evidence in support of your allegation in the form of audio/video recordings.

5. If her complaint filed against you u/s 498A of IPC proves to be false, you can file a divorce petition on the ground of cruelty since lodging/filing false complaint is considered as a form of cruelty. You can also lodge a police complaint against her u/s 211 of IPC for lodging false complaint against you to cause harm/damage to you.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. You should have send the complaint by speed post to the police station under copy to the local D.C./S.P. and kept the track record of delivery of the same.

2. After that you could have filed an application u/s156(3) of Cr.P.C. praying for a direction upon the police to investigate and act treating your complaint as FIR.

3. Now, you can file a writ petition before the High Court against police inaction praying for an order upon the police to investigate and submit report to the High Court about your said complaint.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. In child custody case you can make this pleading to justify your claim.

2. For 498a complaint you may have to take AB.

3. SIL 498a may not be of any help to you, instead you depend on the merits in your side alone.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

if the police are not effective or not taking any proper action on your complaint you may approach judicial magistrate court with a private complaint or with a petition under section 156(3) cr.p.c. seeking direction to investigate and initiate proper legal action on your complaint before them.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

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