You have to contest the false case filed by wife
2) file petition in HC seek stay against arrest
3) 80 per cent of 498A cases are false and end in acquittal
4) file for divorce on grounds of mental cruelty
5) seek joint custody of your son
Marriage by blackmail and now booked under 498A
Through matrimonial site one girl contacted me. We had few meetings and then I decided not to marry her. We were in the same company, but in different cities. Few years later, our family came in contact through some middleman, and then marriage discussion started. I was not in favor of marrying her this time as well so I turned down the offer. The gal called me up and then start convincing me for marriage. One day she came to my city, and called me from airport that asked me to meet her. I went for casual meeting, but she kept on insisting me to take her to my home. As it was night so I agreed. She stayed at my home and we slept in different room. In the morning she picked the flight and went to her home. After couple of days she called me and blackmailed if I didn't marry her she will a police complaint of rape. I was so threatened that I agreed for marriage. It has been three years of our marriage and we have a kid as well she started again threatening that if I keep any relation with my parents and sisters she will booked me in 498 A case. Meanwhile I had intestinal TB, and was almost on bed, lost my job as well. Came to my hometown at my parents home as she quarreled me on every other day. Now it has been 1.5 yrs we have been separated, and she has lodged police complaint in Mahila thana of Domestic violence and dowry act. Pls suggest me how can I get rid of this situation.
Asked 8 years ago in Family Law
Religion: Hindu
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9 Answers
1. This lady is a born manipulator.
2. Do not succumb to her pressure tactics this time.
3 There is nothing to be dreaded about the 498A case as such cases have no more damaging affect anymore.
4. once FIR is registered you can apply for bail which you would find easy to obtain and ocne that is done nothing remains the case.
5. File a suit for divorce. it will help you in the 498A case.
If she has lodged complaint with police either you procure anticipatory bail or file a petition before High court to not to arrest.
Give a strong counter objection to her false allegations in domestic violence case.
In dowry demand case you may drill her with questions to extract the truth from her and finally argue convincingly on the basis of documentary evidences supporting your side and merits in your side and get acquitted
Dear Querist
Immediately file a divorce case based on cruelty under section 13(1)(ia) of Hindu Marriage Act-1955 and fight the case on merit with the help of a lawyer who deals in the matrimonial criminal cases.
try to refer the matter before mediation or counselling and settled the matter amicably and go for the Mutual consent divorce if possible.
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In continuation with the previous question as she has blackmailed me for marriage. I succumb to her pressure, and get married. I have all the evidences of her arrival to Hyderabad before marriage and staying at my home, can I now file a lawsuit against her blackmailing. Moreover, as I was down with intestinal TB, and came to Delhi for treatment, she took away all the household items including furniture, electronic products to her parents home. I have all the bills in my name which were being purchased by me, and rent agreement as well. Is there any way that I can recover them back. I connected with Hyd police, but they are not listening to me. Pls suggest
Asked 8 years ago
1) File police complaint against your wife for theft under section 378 of IPC as she has stolen electronic items , furniture form your house
2) Theft.—Whoever, intending to take dishonestly any moveable property out of the possession of any person without that person’s consent, moves that property in order to such taking, is said to commit theft.
3) rely upon bills in your possession to prove that you purchased the said furniture and electronic items
If police refuse to lodge FIR file private complaint before magistrate under section 156 (3) of cr pc to direct police to investigate and submit report
If she had taken away your household articles from Delhi, then a complaint with the Delhi police will lie and not with the Hyderabad police or if it was at Hyderabad, the police may be reluctant to receive any complaint of this nature if the same is a belated complaint.
But you dont lose your hopes, you may escalate the complaint to the higher police officer of the city with a request to intervene and direct the local police to initiate proper action.
If this also do not give any fruitful result you may approach judicial magistrate court with a complaint under section 156(3) cr.p.c. seeking direction to the local police to investigate and intitiate proper legal action on your complaint.
Dear Querist
you may file a criminal complaint against her for the offence of theft and recovery can be conducted by police.
apart from the above you may file a criminal complaint against her before magistrate court at your place where you were reside and claim your articles return back from her
1. If only a complaint has been lodged then you have to wait for the registration of the FIR. Once the FIR is registered then apply for and obtain anticipatory bail.
2. The only evidence you have is that of her arriving in Hyderabad and staying in your home, which does not prove blackmail. However, you are free to file for divorce on the ground of cruelty. After 6 months from now you will get an additional ground of desertion.
