• 498a rejected

Hello
I have filed a 498a on my husband and in laws 
I have a voice recording to prove that my husband tortured me many times and bet me
But i dont have any proof about my in laws

Police officer called me to the police station and said he will file for chargesheet if i sign that paper, it was written in tamil and i dont know how to read tamil, he said its for formality, no need to worry. So i trusted him and i signed it
But now i got to know that police has been bribed by my husband, and it is written in that paper as i admitted that i filed a false case against my in laws. 
So chargesheet has been filed only on my husband but not my in laws
So my lawyer told that they can file a counter case on me now 

Please suggest me what to do now.
My husband earns 1.5 Lakhs per month, but now he is blackmailing me that he will not give me even the maintence, if i ask for it, he will file a case against me

I have a girl child with me( 3 years old) i need money for her education

Can i complaint about the police to higher authority. Will they help me in this matter?
Will i get stuck up with cases?
Please help me with this
Asked 2 months ago in Family Law from Chennai, Tamil Nadu
Religion: Hindu
1) you can object to drooping of in laws name in charge sheet 

2) before magistrate take the plea that you were given document in Tamil and informed by police that it is mere formality and contents not translated to English 

3) court can order reinvestigation by the police 

4) also file application  under section 125 cr PC before magistrate and seek mantenance for yourself and your child 
Ajay Sethi
Advocate, Mumbai
23177 Answers
1217 Consultations
5.0 on 5.0
1. You can file a protest petition in the court against the closure report filed in respect of your in-laws. The court should be made cognizant of the fact that you signed a document written in a language which you cannot read and write. To be able to preempt the adverse consequences which may ensue from your sign on the document you should file a complaint against the IO to Police Commissioner through a registered post.

2,. Your husband is bound to maintain your child as this is a joint responsibility to be shouldered by both parents. You can also claim maintenance for yourself. 
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
Immediately file a complaint against poice officials for their illegal act and request for further investigation.

Maintenance is your right if you are unable to maintain yourself, you may file maintenance case on behalf of your child too and he is bound to maintain ylu and child.

Feel free to call
Nadeem Qureshi
Advocate, New Delhi
3523 Answers
130 Consultations
4.9 on 5.0
Dear Concenred, 

Need not to worry - the 498 A complaint filed by you still remains for the husband and anything given in writing to the police will not have any stand in the court. 

For maintenance file a Crpc 125 application , File Maintenance under HMA 24 if applicable and also file a complaint and ask maintenance under Domestic Violence complaint.

Best of luck
Atulay Nehra
Advocate, Noida
434 Answers
15 Consultations
4.7 on 5.0
File a complaint against the police officer before higher authority (SP)and also file a protest complaint before the court. 

A Hindu male is legally obligated to maintain his spouse. Maintenance includes provision for food, residence, clothing, education and medical attendance and treatment. Maintenance is not merely a legal right. It is part and parcel of basic human right. File a maintenance case against husband under 125 CRP before the judicial first class magistrate court .

The maintenance amount is calculated (approximately) by taking into account the total monthly take home income (ie. without tax) of both the spouses. The educational background of the spouses, the number of years of marriage, number of children and child custody are also major factors, which govern the maintenance amount. Maintenance amount can also depend on who well the lawsuit has been fought by the advocates of both parties. The spouse with lesser income or no income can get a maintenance amount, which will make his/her complete earnings (plus maintenance) to be equal to 20% to 30% of the above total monthly income.
Ajay N S
Advocate, Ernakulam
1911 Answers
19 Consultations
5.0 on 5.0
No doubt you can make a representation to the higher police officer against this police officer for his irresponsible report but you can move a petition before the trial court itself as a defacto complainant under section 173(8) cr.p.c. for including the parents in law in the charge sheet based on your pleadings and for also  for proper re-investigation.
Simultaneously you can file a maintenance case against your husband under section 125 cr.p.c. also.
He cannot escape the liability to maintain you.
T Kalaiselvan
Advocate, Vellore
13969 Answers
127 Consultations
5.0 on 5.0
The maintenance case shall not be handled by the police, it should be filed directly before the concerned court, hence you need not worry about the police investigation to this. 



If there is no stay to operate the locker held jointly, you may give an application to operate the locker to the bank and drain out all your valuables held in the said locker, he cannot object you to take out or retrieve your jewels. 


The gifts given by husband comes under stridhan category and it belongs to you. 




Neither you nor even the court can seize the passport for any reason.





The quantum of maintenance will depend on how you prove his salary income and income from all other sources. 
Generally it should be 1/3rd of the proven income. 



T Kalaiselvan
Advocate, Vellore
13969 Answers
127 Consultations
5.0 on 5.0
1) court can accept or reject the investigation report 

2) since gold is in joint locker you can access the locker to remove the gold 

3) gold gifted to you is her streedhan 

4) you cannot seize husband passport . Court can impose conditions on travel abroad 

5) maintenance depends on husband income , years of marriage , standard of lifestyle etc 
Ajay Sethi
Advocate, Mumbai
23177 Answers
1217 Consultations
5.0 on 5.0
1. You may file a private criminal complaint in which police will have no role. 
2. To recover your gold a criminal complaint under section 406 IPC is required to be filed. You may obtain court orders to open the joint locker to unearth your gold.
3. You have exclusive ownership of jewellery gifted to you after marriage by husband.
4. The court may order him to deposit his passport with the police if it apprehends that he may fly out with the intention to not to return to evade the Indian legal system.
5. You may get 1/3rd of his net monthly salary for yourself and your daughter,
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0

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