• False 498a case by transgender

Sir,

I in a peculiar situation of being harassed by my in-laws when the marriage it self is not valid.
To elaborate, I got married in may 2015, however my wife declined consuming the marriage making excuses every time. I went back my city of work after fifteen days.After I left my in laws came and took my wife back, when the plan was she had join me after couple of months.I went to her home convinced every one and brought her to my city of work, but after 15 days same thing happened and my in laws took her away again.
I have spent around one month time only with my wife and noticed weired behavior  pointing to my suspicions that she is not capable of consuming the marriage, same was later confirm by one of her relative.
I then filed a annulment suit and fraud and cheating case against them, however  they say  that have no proof that she has gender issues and are now accusing me and my family of all sorts charges.
I approached few lawers but they said I can't complain of cheating as I don't have proof.
However one lawer helped and filed annulment and criminal case by citing physical deformations hoping they can get a medical test order.Because new civil judge was to be appointed it took time, and in the meanwhile my in laws have filed a dowry case when they came to know about my legal initiatives and are demanding huge money for settlement.
I have to appear in the police stationas per section 41 guidelines, please suggest if should tell the police their openly about the gender issue and also shall I send the summons for the criminal case which I had kept on hold in the local court.

Please guide me in this torturous phase of my life.
Asked 8 months ago in Civil Law from Bangalore, Karnataka
Get the summons duly served on them, do not hold back now, if your in-laws are filing false cases against you for which they have no locus standi. It is better to get some documentary evidence that your wife has gender issues, if this is possible get it, it will help your case immensely. 
You can inform the police about the issue as you have already applied for annulment on this ground, better still give the police a certified true copy of the petition filed by you before the family court.
Kiran N. Murthy
Advocate, Bangalore
766 Answers
52 Consultations
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1) you should have summons served in the criminal case

2) you should inform the police  about criminal case filed by you 

3) refuse to pay huge amounts f money dmaff by your wife 

4) obtain anticipatory bail in case FIR is lodged of dowry harassment 

5) continue with your annullment petition 
Ajay Sethi
Advocate, Mumbai
23383 Answers
1229 Consultations
5.0 on 5.0
1) police have to record the statements of accused carry out investigations whether any offence has been committed or not 

2) obtain anticipatory bail from sessions court 

3) you won't be arrested if yiu don't agree on compromise 
Ajay Sethi
Advocate, Mumbai
23383 Answers
1229 Consultations
5.0 on 5.0
yes there is a possibility so it is better to go there armed with the Anticipatory Bail, considering that the police could be influenced by your in laws.
Kiran N. Murthy
Advocate, Bangalore
766 Answers
52 Consultations
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Hi, you can apply for anticipatory bail then you can appear before the police station.

2. As per the Supreme Court guidelines police will not arrest you but it is better you can apply for anticipatory bail and proceed further. 

3. You have to sent the summons as per procedure if you want to sever the summons by hand    to your wife she will not take the same so you can serve the same with the help of the police.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
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If you have received the notice under section 41 then apply for anticipatory bail as you risk being arrested on appearance. Furthermore, the summons can be processed to her. The onus to prove that she is a transgender is on you. You can seek court's directions to conduct a medical test on her to ascertain the truth.  
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
I have to appear in the police stationas per section 41 guidelines, please suggest if should tell the police their openly about the gender issue and also shall I send the summons for the criminal case which I had kept on hold in the local court.

If she is really a transgender, the 498a case will not applicable.  Since you have already lodged a criminal complaint against them for cheating offences, in the inquiry u/s 41 cr.p.c. you can produce the evidence of filing a criminal complaint against her and also the papers relating to the annulment case and defend yourself stating that she is a transgender, when this was deducted, she has come with extortion plans and also intends to take revenge for the criminal cases against her.
T Kalaiselvan
Advocate, Vellore
14161 Answers
128 Consultations
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As mentioned above, my parents and I have to appear at the police station as the notice was served in person under 41a , is there a chance that the police may arrest us if we do not agree to compromise, especially if they are being influenced by my in laws.

The police may do anything, they cannot be taken for granted, hene first you alone appear for inquiry with your lawyer, you can ask your mother to remain at home stating that she is not well. 
In the meantime you may file a petition for AB also 
T Kalaiselvan
Advocate, Vellore
14161 Answers
128 Consultations
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your wife is impotent and it is fit case for annulment of marriage, medical examination is sine quo non for adjudication of this because without medical examination it cannot  be prove that she is impotent. 

Shivendra Pratap Singh
Advocate, Lucknow
2792 Answers
41 Consultations
4.9 on 5.0

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