• False 498a case for extracting money

Hi, I want suggestions from you regarding fake 498a case. My wife and I never stayed together for a single day can she lodge 498 or DV case against me. We have bought a flat worth 33 lakh in joint ownership in which her father contributed 15.65 Lakhs. Cheques are not given to me but to the developer. Now they are demanding their money back or they will file 498a case. Kindly suggest. 

I have contacted my local police station but they are saying sort it out , and they lodged a gd only in their name. They also informed if they file 498a & DV i will be arrested. I was stunned to hear that after recent supreme court verdict how can they say something, but i didn’t argue and talked nicely with him. Called my lawyer to convert that GD to FIR. What more can i do. Please suggest . As i am a central govt employee and will join another service very soon, so these issues can hamper me a lot.
Asked 4 years ago in Family Law
Religion: Hindu

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14 Answers

First of all you cannot be arrested under recent supreme court decision there has to be a family committee established that shall decide.

Secondly get the fir loved agaisnt them.on intimidation and threats that for money they are giving you threats for 498A.

If police not accepting file a private complaint with magistrate and write letter to senior police officer regarding same.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hi, as per Supreme Court ruling a direct FIR can be lodged without mediation proceedings.. However , it is advisable to sought out matter amicbly with your wife to avoid complications in your service .. You can contact me for further doubts .. Thank you

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Firstly supreme court guidelines clearly state that immediate arrest cannot be made it needs to be referred to some committe. Better take anticipatory bail in case FIR is registered. Secondly yes she can file dowry harassment case against you and they have proof of paying half amount for apartment. Police cannot refuse to register FIR.

As such you need to take anticipatory bail. Secondly file for divorce at earliest or for conjugal rights if you wanna stay with her so that you will get upper hand in case they file for DV or 498a. You can take defence of just.to harass you since you filed for divorce they filed false case.

Regarding property money that you Need to mutually work out or they may file for half share in the apartment based on their documents.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Arrange Anticipatory bail for any such arrest in the false case. If you never lived together then file a case of divorce with ground you have .

As soon as you file divorce petition the 498 will not move and press for mutual sattlement.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

You can try to solve the matter by alternative dispute resolution. For any legal help you can also seek help from a local lawyer and/or marriage counsellor so that the issues can be solved by way of counselling.

If still facing any problem then tell what is the issue in details.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

wife can file false 498A case against you and your family

2) ask your wife to sell 50 per cent share in flat to you by sale deed for Rs 15 lakhs paid by them

3) you can seek AB in case false 498A case is filed against you

4) police cannot arrest you arbitrarily

5) notice has to be issued to record your statement

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

1. Yes, even though she did not stay with you for a single day then also she can file DV case as well case under 498A IPC. More importantly he will never say in her petition or complaint about this . On the contrary she is likely to falsely state about her stay with you fr some time to frame the case more strong.

2. Since there is name of your wife in the title deed of the flat she will be co owner of this property in half share along with you.

3. DO not worry as there is total prohibition of automatic arrest in 498A case.

4. if you show the contents of GD then further advice ca be given.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Hi,

In order to stop their harsh action, you may file cases of black mailing, cheating etc. against them. Also, be prepared to take anticipatory bail if the FIR is lodged against you.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Since they have not yet lodged the complaint there is nothing to be worried about it so soon.

Even if they lodge a complaint, you dont worry, you can apply for AB and until grant of AB you can remain underground,

Once you are enlarged on bail you can be free and challenge her false case properly in the trial proceedings on the basis of documentary evidences and merits supporting your defence.

Please remember that the property purchased jointly should be settled accordingly.

She is having equal share in the property, if her father demands money then better you give him his money and ask her to execute a registered gift deed in your favor in respect of her share in the property.

Until you are convicted, this will not hamper your employment..

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Your wife has 50 per cent share in flat on proportion to contribution made by her father

2) in event wife wants her money back ask to relinquish her share in flat

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

If there is no understanding between both the warring parties then the dispute has to be taken to court for solution and remedy.

Who is paying the loan EMI Repayment?

You can issue a letter to the builder stating that you are no more interested in this property hence from your side you would like to cancel the sale agreement in respect of your 50% share in the property and demand him to return your share of money after due deductions.

You can endorse a copy of this communication to your spouse also.

No doubt there is no provision in law to cancel only your share, but let the builder give a reply in writing after which you can vie the options to approach court with appropriate provisions of law for relief and remedy.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Hi

Going by contents of your post, it is clear that, the transaction is clear.

Here, you have to take a call, if you are in a position, pay them through bank and obtain No Objection in writing.

Coming to 498A, once you settle the above, the same will not stand.

You need to strike a deal at some point.

Good Luuck

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

If you don't want to buy the flat then if you want to sale it and any one wants to purchase then you can approach that person and make a agreement on this point that the money which you have paid will be given to you and remaining balance amount of purchase will be paid to the builder.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

Find a buyer sell the flat divide the consideration equally and pay them all the amount and then ask her mutual divorce and end this.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

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