• 498 a case

My wife has given a compliant on me 498 a and she has some audio recordings it seems which she created during the discussion , I was not know why she was doing al this actions, before this I had attempted to end my life that time she has given a written statement that she was the one who is fight for silly reason . now she is telling that I had taken that statement forcefully form her. what to do please suggest
Asked 6 years ago in Family Law
Religion: Hindu

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14 Answers

You will be called for counselling before any FIR is lodged.. Go and state your defence .. If no offence is found then the complaint will be dismissed

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

You can approach the High Court for quashing the FIR, this way it might be possible that the FIR get quashed ot you get some positive direction.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

1.Do not worry as nothing would happen to you.

2. If FIR is registered then apply for anticipatory bail which is likely to be allowed.

3.Then fight the case on merit.

4. You can attend the mediation but nothing fruitful would come out of it.

5. Do not adhere to any of her unreasonable demands during counselling.

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

Deny that statement was taken forcibly

Deny all allegations made in complaint filed under section 498A

If FIR is filed apply for and obtain AB from sessions court

Ajay Sethi
Advocate, Mumbai
94689 Answers
7526 Consultations

5.0 on 5.0

Take the plea that you want wife to stay with you and do not want divorce .

Wife is seeking to extort money form you by filing false complaints

Ajay Sethi
Advocate, Mumbai
94689 Answers
7526 Consultations

5.0 on 5.0

Generally 498 A IPC dowry cases won't stand before Court of Law, but you have to face the cases and disprove the same. Created audio recording doesn't prove case against you. Written statement of your wife stating she use to fight or quarrel with you for silly reasons will help and support you, you have to produce a photo copy of said written statement before police /court as relied upon document. The claim of your that you had taken statement forcefully will not be entertained as generally every one tell like that. If possible take minimum two witnesses signature on statement who will support give evidence and support you in the case.

Lakshmi Kanth
Advocate, Hyderabad
446 Answers
15 Consultations

4.7 on 5.0

The audio recordings or the statements cannot be maintainable in court considering them as primary evidences.

When contested and objected both can be nullified.

However the statement recorded by her about her admittance to the cruel acts done by her may go in your favor if it is admitted by her before the court.

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

Police has asked me to come on Saturday for counseling. but before this she has filed a case in Bangalore also during that time we had compromised. she has told police that I was forcing her to give divorce.

If she has given complaint under dowry prohibition act, you may get yourself enlarged on bail on personal bond before the police and then attend the inquiry session and record your statements too as a precautionary arrangement.

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

1. Go to police station for counselling.

2. If FIR gets registered then apply for and obtain anticipatory bail.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Hi,

I am adv.niranjan, lawyer based bangalore. Please provide the current status of your case.

FYI. in the past if there was 498a case was filed and got compromised then your wife can not file 498a case again for silly reason.

Thanks,

Adv.Niranjan,

Mobile / whatsapp - .

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

Sorry to say but there is no such provision w.r.t which you can file a complaint against her.

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

But if some FIR is filed against you, you may approach the HC for getting it quashed and once the proceedings end in your favor then you can file a case against her for filing frivolous case.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

1) if police file FIR you should apply for and obtain AB from sessions court

2) you can contest case on merits

Ajay Sethi
Advocate, Mumbai
94689 Answers
7526 Consultations

5.0 on 5.0

Sir,

There are many legal solutions to deal the FIR. please discuss with us.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

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