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Finally the 498A case is Quashed.. 
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Joined: Mon Jan 30, 2006 1:15 am
Posts: 44
Location: Canada
Dear Brothers,

After a long battle with my cruel ex-wife and her family, the High court has quashed 498A filed against me by my ex wife. Her side was pressuring us for a compromise and asked for 40 Lakhs, so I went back to high court. The case came up for hearing, my lawyer stressed on the points mentioned in the quashing petition. Her lawyer lied in the open court hall that I threw her out of the house, then my lawyer said there is already a approved divorce. My lawyer dominated the session, I cant put everything here. He kicked her butt, I must say.
The judge referred to the points stressed by my lawyer and referred them in the law books. The judge then suggested both parties to end the matter since there was nothing to settle a settled case. He called both parties to his chamber, and heard stories. Then it came up for final hearing. My lawyer prepared a petition and she agreed to all the points my lawyer mentioned. She accepted the divorce I got in Canada, she said she will not contest the divorce in India, and will not ask for money. The judge ordered a one time alimony, I gave it.
Then the judge asked her again, if she is okie with the quashing she said yes.

Truth only prevails, I lost my mother to this the sarrow will remain. I am very thankfull each and every single member here for ur valuable support. Please email me if u need any help in fighting ur case or for moral support.

Thanks
Ravi


Sun Dec 24, 2006 10:07 pm
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ravindra
do you mind disclosing the one time alimony amount that the court ordered you to pay? i was wondering why the court ordered you to pay the amount if the cases filed by you Ex are proven fabricated.


Thanks


Mon Dec 25, 2006 1:46 am
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Joined: Mon Jan 30, 2006 1:15 am
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Location: Canada
Post 
The alimony is towards the divorce, not towards quashing the 498a. The later part of the case went for a negotiation. Since their demands was too high I went back to high court. The judge did order the final amount towards divorce and it is the regular amount that is ordered by the courts now a days.


Mon Dec 25, 2006 3:51 am
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Joined: Mon Mar 20, 2006 2:27 pm
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Post 
Ravindra
But what i understood from your posting is that your Ex has accepted the divorce that was granted by the canadian court and she did this right infront of the indian judge. Added to this the judge mentioned that there is nothing to settle for a settled case. Had the divorce been granted by an indian court then i see some meaning in the judgement asking you to pay one time alimony. i am still confused about the judgement asking you to pay the one time alimony.

if this is something personal that you don't want to disclose then ignore it.

No matter what the path you have chosen to succeed good thing is you & your family came out of this at earliest.


Tue Dec 26, 2006 1:49 am
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What do u mean by whatever path,, If u get ur divorce approved u have to pay the alimony as per Indian laws. That is exactly what I have paid. Yes, my father is out of all sort of pains. That is good.


Wed Dec 27, 2006 12:52 am
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i mean whatever path you have taken to settle the case. Not necessarily, it is not mandatory that one has to pay alimony when the divorce is granted. it depends on the case.

Good luck


Wed Dec 27, 2006 1:20 am
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I am living in DE .My Spouse is currenlty carrying .498a filled on July 2007 on 8 family members ,COPS deleted 3 members from FIR.Family members are on Bail now.Local COPS are good they came to know the facts after Investigating both families.

First Time lower Court hearing will be on mid of OCT'07

1.Can you pls let me know best approach on either situation's :ChageSheet filing or Delay in Chagesheet
2.one of family member is on bail ,has Consulate appointment(H4 visa) by end of this year -is there any issue's being name in 498a
3.Planning to apply ABail for me first in sessions/ later HCourt.

Planning to travel hometown in Q1/2008 after getting Abail.
Please let me know any neccesasy precations on Travel..

Thank you
Nanda Reddy


Fri Sep 28, 2007 12:43 am
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what does DE mean? Delaware? or Delhi?


Wed Oct 24, 2007 7:03 am
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Ravi, Congratulation on your win against misuse of 498a!!
I have a few questions:
Does the Indian Court recognize the divorce granted in a foreign country?
Did you file a case against them for the mental and social trauma you and your family have been through?
I have posted my case in brief, pleas see it, subject: "498a victim from Louisiana, USA".
Mayank

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Mayank Gupta


Wed Dec 05, 2007 1:51 am
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Ravindra, Congratulations on winning your case.

I have some questions,

how long it took for the complete process...? and also from the time they filed 498a..?

I heard most of these cases are cleared at the lower District Megistrate courts only...did you intentionally take it to High Court..?

Did you have to appear in the Indian court anytime in the whole process..? Are there any Red Corner Notice threats...?

In my case, they filed 498a, my mother and sister got bail and others (6 members) are in the process of getting bail. I am in US, and enquiring on whether I need to file for Anticipatory Bail or not.
I filed for divorce here in US 6 months back. The final hearing for divorce is in the next month.

Please let me know.

Regards,
Ramu.


Wed May 14, 2008 6:46 am
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Ramu,
The first symptomatic treatment for 498a is AB. Do not come to India without it.
Divorce approved in courts outside India many postings are there by suresha see what suits your case most.
AB is must.


Thu May 15, 2008 5:25 am
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Ramu,
Did you file the divorce before she filed 498a? If yes, then thats going to you help a lot. My divorce case in pending in the US and she filed 498a after I filed divorce and got her served here.
Whats the status of your divorce?


Thu May 15, 2008 8:11 pm
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Poppinder,

Thank you for the information....I have a question to you....if I don't want to travel to India at all until the case has been completely settled...Do / Shall I still need to file for Anticipatory Bail...?
Being myself under A1 category on the FIR and Without our confirmation to the court....as I am surendered or having AB....can the case be taken to Family court for hearings..?

Can my lawyer represent me for all hearings in the family court without taking AB for me..?


Clearmoon,

Thank you to you too, I filed for divorce in US in Nov 2007 and She filed 498a in India recently in March 2008 [after 4 months]. So can you please be more clear on how it is going to help us...in fighting the case back in India...or including that in our final decree for mental cruelty....OR for being safe towards RCN or passport impounds..? for what other situation...?

Thanks,
Ramu.


Fri May 16, 2008 1:45 am
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Joined: Sat Dec 01, 2007 9:03 am
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Ramu,
Please go through this judgment (http://www.judis.nic.in/lucknow/qrydisp.asp?tfnm=107), it is very informative; I am sure, many of your worries will vanish after going through it. There are many judgments on this website, go through them.
You might get RCN, but there are ways to get it removed...this forum has a lot of information on that. I dont know of even a single case of passport impounding in the US, in which country are you residing?


Tue May 27, 2008 10:09 pm
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Hello Brothers,

I am in Canada, I have been seperated from my wife for more then 18 months, wifes family is threatening my relatives in India, I need to settle this matter some how, my relatives have gone to my wifes side to try and settle the matter, but they keep saying let them, that is myself to come to India and we will settle the matter. They are looking to extort huge sums of money naturally that is there motes operandi.
My question is what is my best plan of action now, non of my family can go to India safely with this sword hanging over our heads? Should I apply for Divorce from Canada or should I keep trying to negotiate a settlement from wifes family. Is it a good idea to phone and talk to my wifes relatives.
Looking forward to your reply, thanks in advance.

Reddy


Tue Sep 23, 2008 1:48 am
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Reddy,
The extortion racket is run mostly for NRI as they have to pay a cost to come and fight.
The would negotiate hard and let you not do anything till you decide to fight .My suggestion would be that you just choose one person from your family or group and send him to Your Ex house with a lawyer for settlement before that take the approval of the family.
If there is no case against you yet it is coming for sure as per facts narrated by you


Tue Sep 23, 2008 8:50 am
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Location: Mumbai
Terminator,

I think u can talk to them on phone and record the conversation. It would help you to know the intentions of theirs...

Be calm and polite ... Let them throw tantrums... RECORD it...


Fri Nov 28, 2008 11:19 am
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If your wife make any more trouble then i suggested you not to leave your so called 498/A so easily .

As you need to teach them a good lesson . Even i suggested you need to fill case against your 498/A wife in court where she is proven as false under Indian Penal Code sections 388 (extortion in the name of false prosecution), 506 (threat to life) and 34 (criminal conspiracy with common intention) ,sections 285, 389, 506 and 120 (B) of Indian Penal Code that deal with extorting money, criminal intimidation and criminal conspiracy & 423 IPC Dishonest or fraudulent execution of deed of transfer containing false statement of consideration
IPC : 463( Forgery for filing 498A), IPC :464( Making a false document as they will register FIR in police station) ,IPC 465. (Punishment for forgery )IPC: 469(Forgery for purpose of harming reputation) IPC : 500 (defaming people) & file case under IPC 498 .

And then see the effect of these filing .

If i am wrong any where then please let me know ..

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Rajeev
"I am thankful to all those who said NO, Its bcoz of them I did it myself" - Einstein


Wed Jul 01, 2009 10:08 am
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Rajeev,
Have you personally filed all the sections against your wife as mentioned in your reply ? I work abroad and I think I may be close to completing my 498a.
Is it practial to live abroad and file all those counter cases against the bitch ?
Can these cases be executed without my presence ?
Does it have to be filed in the same court where 498a trial occured or can it be filed in HC ?
And how exactly is it going to hurt them ? Do these carry jail terms exceeding atleast 6 months ? Have you heard of any bitch sentenced to atleast a month in prison for these cases.
And most importantly how long do these trail last ?

Your inputs are greatly appreciated. I have already wasted a lot of money on 498a. I would like to have an idea of how many more years and how many more lakhs I would have to waste before getting anything useful out of counter cases.

Dev


Fri Apr 23, 2010 10:13 am
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Rajeev ,
I would also like to known the actual outcome of these counter cases ?
is it any help or just to scare them......what can innocent people do to counter


Fri Apr 23, 2010 11:26 am
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Dear
I am sorry to hear that you had to loose your mother. Well done that the cloud has passed away and that you can move on with your life. I can understand about what you can settle from a settled case. It is like recycling phenomena. If you cant get money out of rubbish in your country that you live you could insted get money for rubbish if sent to India.
In a recent case in Mumbai HC the HC judge stated that a foreign divorce is conclusive in India and if any party disagrees with it then the party should go and join the proceedings in that country. On this basis I think you did not get a fair outcome however if your are comfortable with it I am happy that you were able to draw a line.
Best regards.


Fri Apr 23, 2010 1:47 pm
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brn wrote:
In a recent case in Mumbai HC the HC judge stated that a foreign divorce is conclusive in India and if any party disagrees with it then the party should go and join the proceedings in that country.


See what your HC is saying. If it is not your State HC simply forget it as that is not binding.

Always look for your HC and SC. Rest all are persuasive


Fri Apr 23, 2010 3:30 pm
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Ravindra_kw -> I'm confused; Did you go to highcourt for
1) 498a quash
or
2) appeal on Family court decision on divorce approval?

Would do mind to let us know how much is that regular amount that is ordered by the courts now a days.

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Fri Apr 23, 2010 11:45 pm
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We need a new Section - Promoting Legal Terrorism

and this thread should go in there!!!

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Mon Apr 26, 2010 11:28 pm
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Hi Ravindra,

In Compromise letter which was agreed and handed over to CIVIL Judge is as below.

1. She agreed to leave permanant alimony.
2. She will withdraw all the Criminal cases filed aganist me by her.
3. If withdrawal is not in her scope, She mentioned that i can file a quash petition and she has No objection.
4. I should not file any cases on her in future.
5. All the trasactions, Before, At the time and After marriange were settled.

With the above Divorce was approved by CIVIL judge, by underlining the words with drawing the criminal cases.

Now in Criminal court she is not willing to withdraw the same and demanding huge amounts.
However i have some abnk transaction which was trasfered to her account while we are together.

Please help me on my Next move. She is about to give statement on Sept 24.
Is there any thing i can file a criminal case against her and her family members.

Regards,
MMkumar


Wed Sep 15, 2010 1:17 pm
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What proof do you have to prove her disagreement? Is she avoiding court dates? You can move a petition to issue NBW against her if she is skipping court dates for more than 3 times. If you have any proof for her disagreement, file contempt of court immediately.

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Wed Sep 15, 2010 11:45 pm
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dear

498a Case cant be withdrawn in Criminal Court. Apply for quash in HC due to mutual settlement with MOU agreed in Civil Court for divorce. She cant deny in HC. She is only trying to extort more money as she know you are frightened and would pay.

rgds,
bob


Thu Sep 16, 2010 5:55 am
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Hi,

Can the absence of present list and the Delhi High Court Judgment http://www.498a.org/contents/judgements ... 2_2006.pdf form the basis for Quashing the (false) FIR under 498a/323/506, D.P.Act 3 & 4?

The above judgment reads:
I consider time has come that courts should insist upon disclosing source of such funds and verification of income from tax returns and <u>police should insist upon the compliance of the Rules under Dowry Prohibition Act and should not entertain any complaint, if the rules have not been complied with. Rule 2 of the Dowry Prohibition (Maintenance of List of Presents to the Bride and Bridegroom) Rules,...</u>

Thanks.


Sun Oct 10, 2010 3:42 pm
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Hi ,

I 'm in a kind of similar situation here and I 'm not getting replies as before it was. Can you guide me please.
Please read my thread " proclaimed offender ! " in active topics ( victims stories...)

Banti


Wed Jan 19, 2011 12:46 pm
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Coutesy Biwikamaara; posted after collecting this from another thread

Do U know 498A Accused cant be declared Proclaimed Offen
Following is the Judgement:
=====================

An FIR was registered U/S Sections 279 and 337 IPC, which was not there under section 4 of 82 and hence quashed. The same judgement can be used for challenging P.O. declared under any section which is not there under section 4 of crpc 82. Note that 498A also, doesnt fall under that section of 82. So tecnically P.O. should not be declared if any FIR is filed under section 498A.
------------------------

CWP No.13842 of 2010
Satinder Singh Vs. The State of U.T., Chandigarh and another
Present: Mr.Vivek Singla, Advocate
for the petitioner.
Mr.Sanjay Kaushal, Senior Standing Counsel with
Ms.Smriti Dhir, Advocate for U.T., Chandigarh.
* * *
Permod Kohli, J. (Oral)
Petitioner is an accused in FIR No.177, dated 15.8.2002, under
Sections 279 and 337 IPC, registered at Police Station Sector 19, Chandigarh.
Admittedly, the petitioner did not appear before the trial Court for
considerable period and the trial Court was constrained to issue notice under
Section 82 of the Code of Criminal Procedure. It appears that on the basis of
the report of constable serving the notice, petitioner has been declared
proclaimed offender by passing order dated 1.5.2008.
The petitioner has challenged the notice as well as the order
passed by the Chief Judicial Magistrate, 1st Class, Chandigarh in this petition.
The only contention raised by learned counsel for the petitioner is
that the Magistrate could not have declared the petitioner as proclaimed
offender as he is not accused of any of offences specified under sub section 4
of Section 82 Cr.P.C. and as such he could be declared proclaimed offender.
So far as the order declaring the petitioner otherwise as proclaimed offender is
concerned, the same is in contravention to sub section 4 Section 82 Cr.P.C and
thus liable to be quashed.
I order, accordingly.
In so far as the proclamation to declare the petitioner as a
proclaimed person is concerned, the petitioner may surrender before the
Magistrate and the Magistrate will proceed in accordance with law. Petition
disposed of in view of the above directions.
( Permod Kohli )
Judge
11.08.2010
sd


Fri Jan 20, 2012 12:20 pm
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I still don't understand why, after accepting a foreign divorce as valid, the Indian High Court ordered one time alimony. It was upto the foreign court which decided the matter, to decide on everything related to the marriage (divorce, alimony). If their laws said she didn't deserve to get alimony, how can the Indian court override that decision (after having accepted the foreign court jurisdiction) and again order something related to the matter! So she still managed to extort money out of you, no matter what amount.


Fri Jun 01, 2012 11:06 am
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Ravindra_kw wrote:
Dear Brothers,

A The judge ordered a one time alimony, I gave it.
Then the judge asked her again, if she is okie with the quashing she said yes.




I don't understand why there was need of one time alimony to someone who is already divorced.

Why the Judge asks the girl before quashing the case, who is going to take a decision here ?? The girl or the actual judge?? Why the hell the judge asks the girl if she is OK with quash..........


Mon Jul 02, 2012 3:26 pm
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satyameva_jayate wrote:
Ravindra_kw wrote:
Dear Brothers,

A The judge ordered a one time alimony, I gave it.
Then the judge asked her again, if she is okie with the quashing she said yes.




I don't understand why there was need of one time alimony to someone who is already divorced.

Why the Judge asks the girl before quashing the case, who is going to take a decision here ?? The girl or the actual judge?? Why the hell the judge asks the girl if she is OK with quash..........


he sould have contested this part.

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