• Need advice on counter cases on 498A, IPC 506, 3 & 4 DPA

I'm from Andhra Pradesh. I was married in 2011 and had a son a year after. I filed for divorce in 2017. As retaliation my wife filed 498A, IPC 506, 3&4 DPA. I was arrested and was in remand for 15 days. After rejecting my Bail petition multiple times I finally got conditional bail, and the conditions are I cannot leave my district (Krishna), Court impounded my passport and made me deposit Rs 50000 as surety which was valid for one year. This happened in May 2018. In the first hearing the Judge told me that I need not to attend until summoned. I filed no of petitions for my bail relaxations and got rejected. They colluded with prosecutor and convinced the judge that there is a chance that I may flee the country. Around 6 months ago charge sheet was filed. I these three years my wife's family called me no of times for settling. They told me that because of my divorce petition they had no choice but to proceed with the 498 case. They filed for alimony at my divorce court. They got no evidence apart from the statements of their family members and couple of panchayat elders which are fabricated. I recorded every call they called me. I want to understand how can I counter them legally. Also I want to understand how may days the court can put me under conditions. Is there no limit to snatch my freedom. I had tolerated every thing till now. I lost my job and livelihood. I want to proceed aggressively here after. Please let me know my options.
Asked 5 years ago in Criminal Law
Religion: Hindu

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14 Answers

file appeal before HC against conditions imposed by trial court 

 

2) HC should permit you to move around freely in the country 

 

3) you can file case of defamation against wife under section 500 of IPC for maligning your reputation  

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

File a domestic violence case against her through your mother and sister. File a case of criminal defamation against her and her family immediately.

Charge sheet has been filed so file a case for quashing of the charge sheet in the high court.

 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Dear Sir/Madam,

You are suggested to counter and deny all her allegations at all the court and if your petitions are rejected at lower/trial court, don't hesitate to approach High Court challenging the order of the trial court. You are required to be a bit mentally and emotionally tough and deal with the cases strongly. Do brief and discuss your advocate for strongly cross examining them at all the stages of evidence and let her case be dismissed. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

In a 498A IPC case arrest is very rare and I am surprised that you was behind bars for so many days. This is never heard of nowadays. 

It further looks like you didn't get any proper advice as well. 

So file a Revision in high court which in all probability will give permission to leave India. 

Otherwise Supreme court would grant such permission. 

Consult a good advocate. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

You should have filed appeal or revision agsisnt rejection of bail conditions. 

Liberty of person cannot be restrict unless there is very possibility to avoide trial.

You should aporoch high court relaxation and release of passport. Charge sheet is already filed. 

Now trial will commence which will take long time and you will require at the time of defence evidence. Till your advocate will submit excemption application on every hearing.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

If they'd proceed with false allegations of 498a and you can prove that the all 498a charges are false and than they can get punishment accordingly for providing false facts in the case.

Plus you can file defamation case against them.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

- If you was not working at the time of getting bail , then the court cannot put condition for  impounding  your passport . 

- You should challenge this order of that Session court before the High Court , as you not having an heinous crime section. 

- Further , you can also file a quash petition before the High Court for cancelling the said FIR lodged against you  after mentioning the reasonable grounds as well. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

You  make a fresh application before the

Magistrate Court for relaxation of bail conditions and release of passport. Let the Magistrate reject your application. The order of Magistrate may be challenged before Sessions Court by Criminal Revision Application for turning down the order of Magistrate and grant of permission to get your passport released. 

The Magistrate Court doesn't have power to impound your passport. The order impoundment of your passport by the Court of Magistrate is illegal. 

You proceed with full force with your divorce proceeding before family court and make one more ground against your wife ground of adultry and request the court to consider that maintenance and alimony granted to wife be cancelled and recalled back.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

Once you are acquitted, discharged from above cases you can try to file defamation, wrongful use of police machinery., false prosecution etc against her. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Since the criminal cases filed against you  are false in nature you either challenge the same properly in the trial proceedings or can even file a petition under section 482 cr.p.c. to quash the same for the reasons you rely upon.

You can deny the  one time settlement or any other peace process they may initiate.

You can continue with the divorce case  properly and   attend the case regularly without missing even a single date.

You file a petition now afresh to relax the bail conditions  and to release your passport.

Let the petition be rejected this time, you may file a revision petition seeking to  revise the decision of the trial court and to direct the trial court to release   your passport.

Whether you want to proceed aggressively or otherwise you cannot violate the  law in this regard which may tighten the grip against you further more with the slapping of more criminal cases .

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You must express gratitude towards the judiciary system, as they have find out the false case.

If you want to take a revenge file a malicious prosecution against wife. Let her test the dish of suffering.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Says of conditions depends in courts, cannot be predicted. 

 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

1. Best option in this case is to settle with your wife for mutual consent divorce by negotiations.

2. If you still want to contest the case then recordings available with you can help you if there is evidence that they filed FIR just to counter divorce petition.

3. You can also go for quashing of FIR against you on basis of that evidence and also file writ petition in High Court for relaxation in bail terms so that you can earn money for your livelihood.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Contest the false criminal cases filed by her on merits by using the proofs / evidence you have.

You can file complaint under Sec.3 of DP Act, since they allege that they have given dowry, your local police will have jurisdiction, immediately make application after two weeks of filing complaint under RTI Act to know the action taken by police followed by filing Writ Petition if they fail to take action.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

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