• False 498a after 6 years of saperately living

Many times blackmiled me saying 498a. saying settelement name for 10 times, they increased the alimony from 3lakhs to 30 lakhs. and finally filed 498a after 6 years of separation.what can i do. shown me hell after my marriage.
Asked 8 years ago in Family Law
Religion: Hindu

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11 Answers

1) apply for and obtain AB from sessions court

2)80 per cent of 498A cases are false and end in acquittal

3) wait for filing of charge sheet

4) then based on legal advise file for quashing in HC

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

498A cases take 10 years to be disposed of

2) dont bow down to black mail tactics

3) contest case on merits

4) Rs 15 lakhs is reasonable amount . no need to increase the offer

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

you should concentrate your energies on fighting false case filed by wife rather than filing counter cases

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. Do not worry as she has shown all her cards and nothing worst cna be dine anymore.

2.now you can drag the case and harass her to settle thed dispute without money.

3.if you manage to remain adamant and drag the cases then she would agree to amicably settle the dispute without a penny.

4. Do not,i repeat, do not agree for any blackamling. Now she has filed the case, take bail and linger the cases. then watch her to dance at your tune.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Hi, do not negotiate on thier illegal demands .. Let them file a complaint .. After they file a complaint the police will call you to join the investigation , it is not necessary that FIR will be lodged .. Moreover you can shoe that you have been living Seprately for 6 years and there is no possible way she has suffered from domestic violence ..2) they are greedy people , there is no need to pay as per their demands..

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

Immediately file a divorce case against her before family court and also fight the case before trial court and raise the objection on FIR 498A case that this case is time barred because there is no offence has been committed within the limitation period for filing the case the time limit is three years.

Feel Free to call

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

There's no automatic arrest in 498a cases. Challenge the FIR in the high court. Do not succumb to her demands because this 498a has although been filed to press you, ultimately this is going to result in your acquittal.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

If she files a divorce, contest it. Just do not succumb to anything that she says with respect to alimony.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

The 498a case filed after 6 years of separation is mere abuse of law and it can be easily challenged in the trial proceedings.

First obtain anticipatory bail and then await the charge sheet to be submitted before court. You can file a quash petition on the basis of limitation besides other merits.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

i am ready to pay them 15 lakhs but still blackmiling for more

Dont express your weakness by accepting their demand to any extent, let them go a round, you can challenge their demand and claim, as per law after which let them decide to withdraw on the basis of mutual agreements

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

can i file a counter case stating the same

There is no legal impediment to file counter case, but what is the reason or ground that you propose to file a counter claim?

You have to prepare a platform to file a counter case otherwise fake and weak cases will not stand the weather.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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