• Misuse of 498a

I live in Canada and got married in India in January 2007. I came back to Canada after 1 month of my marriage. My wife went back to her parent's house a couple of days after I left and never went back. she took all her jewelry and clothes. I tried everything to bring her back, begged her and her parents but all they wanted was to fly to Canada. They didn't seem interested in this marriage at all. After 1 month of begging I gave up and gave them time and space to think. I went back to India in January 2008, tried to call her but she didnt answer. Upon reaching I asked my parents to call her parents, but her parents refused to send her to my house. 

1 week later they filed a complaint under sec 498a for 40 Lakh dowry harassment. My parents forced me to leave India asap. After I left, my parents went to the police station and explained everything. IO heard both sides of the story and came to conclusion that this is a false dowry case. He decided not to take any action against my parents.

After few weeks they decided to file a new complaint. This time we were accused of 50 Lakh dowry and domestic violence. IO in this complaint also figured out that this is a false complaint. 

Now they started bribing the officers. This time my parents were called by S.P crime branch. they were threatened, harassed and insulted in the police station. 

My father is chronic disease patient. He undergoes dialysis 3 times/week. My mother is National awardee district education officer. My in-laws ruined our statues and respect in the society. 

My parents approached the S.S.P crime branch and explained him about the situation and changing pattern in the complaints they file. S.S.P decided to close the file. 

I filed for "restoration of conjugal rights" in my home town. 

My wife went to high court and filed for transfer of case to her town and asked for maintenance money on basis of unemployment. Which is a lie because she is currently working as a lecturer in her home town. Unfortunately court ordered me to pay her Rs.20,000 without trying to know the truth or asking for RTI of her employment

Now they filed complaint against me and parents at NRI commission, which has issued our arrest warrant without even trying to investigate. 

My father is not in a condition to fight all this. Is there no law for men ? A women is allowed to lie through her teeth and mis-guide the court and police and not face any consequences ?
Asked 7 years ago in Family Law
Religion: Christian

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12 Answers

I am really sorry to state that it is not the responsibility of the court to find out all these facts if your wife is working or not It is the responsibility of you to provide detailed to the court in this regard that she has submitted false affidavit in the court to prove her wrong and and to enlighten court.

You can file a revision petition there in you can on submit all those details about your wife working situation.

Of course the law taking the ladies side and sometimes Men are the aggrieved party

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

What is your income ?your wife income?

2) Maintenance depends upon husband income, wife income, standard of living etc

3) you should apply tocoutt for setting aside warrant issued against st you

4) your personal presence is necessary in court

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Sir we can understand your situation and all that you are going through but the best way to end this divorce her and leave the laws made to protect women are used as tools of harrasment by them.

File a petition before high court for stay on arrest warrant and quashing of the complaint by showing all false previous complaints and pattern.

Further in case the high court quashes the complaint file a complaint on them for defamation and for filing false.cases.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1) There is law from men side and all men rights so, you can take stay order on lower court order for maintenance passed for 20,000/-. By filing all history of case facts and issue in writ petition for certiorari and prohibition writ from high court.

2) Instead of filing RCR case, you should have filed deserted case against wife so cancel maintenance and for harassment you were living in Canada.

Furthet details of case review and guidance can call me.

Whole Writ Petition drafting and documents review will be done at reasonable cost.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Complaint an be filed after period of one year . It is not barred by limitation

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Sir as such in criminal law there is no impact of delay but if the complaint looks like after thought then there is issue you can contest on same ground

That complaint is after though .

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Hon'ble Supreme court stated 498A false cases as Legal Terrorism, 90% of the cases are fake and it has become a business to some unscrupulous women who want to extort money in the name of marriage. only 10% are genuine cases. Initially they file cases for extortion, if the husband doesn't compromise they will loose entire life, no body will marry a 498A women and if the case is false she has to face other Criminal proceedings also for filing false cases only If the Husband has truth and courage, he will be the winner in this mind game. If husband is real culprit then he will face the music of truth in the court of law

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Hello

There is no delay and she can file a complaint. generally women do these type of things put false cases on their in laws and the husband inorder to extract heavy amount from nri husbands.in your case...file a revision application against the maintenance granted by the judge. If the application gets dismissed then file a criminal revision application againstvthe orders of the district court and the hc will quash the maintenance granted.

Also file a case of defamation and cheating and fraud againt the woman and her family members. If the police refuses to register the case then file a complaint against them under 156 3 of the crpc before a magistrate.

Regards

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

The fault lies on your side.

Instead of contesting her false cases properly with documentary evidences you have relaxed without even following it up properly through your advocate hence you have been meted out with this injustice.

What prevented you from proving her employment details and salary income, did you follow the procedure by which you can seek direction of court to her or her employer to produce the details of her employment.

Even now you can contest the case in appeal properly and get the orders cancelled based on the strong evidences in your side.

what was the reason that the NRI commission have issued arrest warrant, elaborate.

In my opinion they may not be empowered to issue arrest warrant, however you may clarify.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

What is delay of filing complaint ? My wife left her matrimonial home in feb 2007, but she lodged a complaint for 498a in january 2008

You may challenge the same during trial proceedings and also during cross examination.

If you suspect the integrity of your advocate you may better change the advocate.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1. At the current stage arrest warrant has been issued by the NRI commission for which you shall have to engage a local lawyer to appear before you to defend you.

2. An application for surrender bail shall have to be filed for your parents now and also an application for cancellation of the arrest warrant against you shall have to be filed on theb ground that you are a NRI it is not possible for you to appear before the commission on call informing thgat you shall appear before it with in next 3 months.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. If she had lodged the complaint u/s498A of IPC in the year 2008, then the ground of delay in filing the complaint will not arise here.

2. There must be summons issued by the commission to you and/or your family members which was ignored by you. resulting in to the arrest warrant.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

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