• False 498a case on me and my family

Hi,

I got married in 2014 and have a son of 1 year , my wife started to force me to leave my parents and make a separate house when i refused to do she left my hose in 2015 i waited for 6 months and tryed to bring her back but she stared threatening me to leave my parents house or she will comment sue side 

after all my efforts going in wane i decided to give divorce and filled a petition on july 2016 under 13a
for divorce 

after that she came came to my house in jan 2017 and stayed for 1 month and left house taking her belongings 

after 15 days her lawyer call me and started threatening me to make separate house when i disagreed she has lodged a 498a case against me and my family 

i have not taken any dowry nor demanded it , all the marriage expenses was bared by me and my father 

the hospital expenses were bared by me during the child birth 

now i have got the intrem bail for me and my family, divorce case is still pending in court 

please suggest what should i do next to prove that 498a is false case 

Will the statement of my wife and her parents are enough for punting charge-sheet (they don't have any proof as all the expenses of marriage and child birth is taken care of me not a pie i have taken from them )

Please suggest what i need prove the cruelty in 13a case to get divorce
Asked 7 years ago in Family Law
Religion: Hindu

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11 Answers

1)you have filed for divorce on grounds of mental cruelty

2) in your divorce petition i presume wife was pressurising you to leave your parents

3) wife forcing husband to stay separate from his aged parents amount to mental cruelty

4)your evidence , chat messages , audio recordings , statement of witnesses will help you prove mental cruelty

5)burden of proof is on wife to prove allegations beyond reasonable doubt

6)rely upon documentary evidence in your possession that all expenses for marriage were brone by you

7) wait for filing of charge sheet . police have to carry out investigations before filing of charge sheet

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

1. Since 498A case is registered you will have to wait till the trial cpmmences when you cna prove your innocence.

2. Quashing is an option but it is hardly allowed.

3. Do not worry as hardly a single 498A case is proved.

4. If the case is false then you can take this additional ground in your divorce suit.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

It is sufficient that she threaten to commit suicide in case of you will not be leave your parents.

The statement of her and her family members are not sufficient to convict you and your family in 498A case, fight the case on merit with the help of lawyer who deals in the matrimonial cases.

Feel free to call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

in catena of cases the supreme court has decided that if no specific allegation is levelled in the complaint regarding dowry then such criminal proceeding should be quashed under section 482 of the crpc.

you should file a petition under section 482 for quashing of case. in arnesh kumar vs state of bihar 2014 scc, it is held by the court that accused cannot be arrested in 498A case unless preliminary investigation has conducted and magistrate has opinion that offence has been committed. so you can take assistance of arnesh kumar case for quashing of this criminal case.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

Q. please suggest what should i do next to prove that 498a is false case

A. in depa vs S. Kumar SCC 2015 it is held by the supreme court that wife must prove before the court that which type of cruelty has committed by the husband. only oral statement that cruelty has been committed is not sufficient. if there is no medical or no specific witness/evidence is produced by her in statement recorded under section 161 crpc then you have to file a case before the high court for quashing of case.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

1. Contest the 498A case now fittingly. 98% of 498A cases filed in India have been proved to be false.

2. since the said complaint was filed after your filing divorce suit and also after her returning to you and staying for only one month, it will not be difficult for you to disprove all her charges leveled against you by her.

3. As per supreme court judgment, forcing husband to leave his old parents are considered as cruelty foe which divorce suit can be filed by the husband.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

please suggest what should i do next to prove that 498a is false case

Her return to the matrimonial fold after you filed the divorce case was a drama staged by her in order to lodge the criminal complaint against you if you do not agree for living separately way from your mother.

You can challenge the same in the trial court by extracting the same from her during cross examination.

Will the statement of my wife and her parents are enough for punting charge-sheet (they don't have any proof as all the expenses of marriage and child birth is taken care of me not a pie i have taken from them )

It may appear to be sufficient ow for filing charge sheet but this will not be a good support to her case during trial proceedings.

Please suggest what i need prove the cruelty in 13a case to get divorce

You may depend on the grounds you have already stated in the divorce petition.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

It is common to the opposite party to file their counter objection to the main petition by including all false information.

During trial proceedings, you brush aside their counter objections and claims and concentrate on your own pleadings seeking dissolution of marriage on the grounds you rely upon.

If at all she any claim over these, let she file a separate case claiming all those things what she has mentioned in the counter to your divorce petition.

Dont be distracted towards such gimmicks, these are not the vital things that you have to concentrate during the prosecution of your divorce case.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

1) burden of proof is upon your wife to prove that she left 750 GMs of gold in your house

2) deny allegations made by wife

3) wife cannot claim marriage expenses

4) deny that she spent Rs 20 lakhs on your marriage

5) obtain copy of convention hall bill from the convention hall management

6) wife has to prove that Rs 20 lakhs was spent by them

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

1. It is not your duty to prove what they have stated as false.

2. It is they who shall have to prove what they have told is right with evidence which you can contest.

3. They shall have to prove from where they collected/withdrew the said Rs.20lakhs or from where they had purchased the 750 gms Gold ornaments.

4. If you buy and give her the said 750 gms gold it will amount to your accepting their claim that they have left the said gold with you.

5. Collect all bills for all the marriage expenses you have incurred and the mode of payment, which they are claiming to have incurred.

6. By rebutting their said claim of marriage expenses with irrefutable evidence, you can prove them having come before the Court with unclean hand.

7. Contest the case fittingly by engaging local lawyer having expertise in this field.

8. You have a very good chance to win the case.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

Hi, direct / circumstance evidence is enough to file charge sheet. Did they file charge sheet? . we need to see charge sheet, in case if they filed Or we need to talk to IO about the investigation of this case. We can approach high court for quash this case based on couple of grounds. we need to discuss on this.

Thanks,

Adv.Niranjan,

Mobile - .

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

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