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After Arrest & Bail taken, How to Fight False DOWRY 498a ? 
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Joined: Wed Sep 17, 2014 1:52 pm
Posts: 13
I husband(age 21) from pune and my wife (age 19) from Uttar pradesh. we got arranged marriage dated 22-jan-2012.
my wife's parents age 55. My inlaws have one Son (unmarried) age 33 , He is earning well but do not want to take responsibility of his parents.
So my In-laws did brain wash to my wife and forced her to demand for separate accommodation from me and also asked me to leave my parents so that me ,my wife and her parents can stay together at another house.

But i straight away denied. Then in mar 2012 wife left my house with all gold and costly items from my house which were given to my wife during marriage. she went to her parental house at UP and She didnt come back for one year.

Also my inlaws did false FIR of dowry 498a in june 2013 and i was arrested. Later i got bailed in 2 days. And i manage to get AB for my parents.

Now after one year June 2014 , UP police came to my house at Pune for investigation of case.
And asked my Neighbour for any incident but all of them had given positive response that no problem between husband-wife.
Everyone cooperated with police and all had supported me.

And after that no response from UP police nor any CS filled.
Also i had not received any summons for hearing nor for CS from UP state.

No communication with inlaws nor with wife.
I want to get out of this. i want to give divorce to my wife.
BUT I think My lawyer is hurry to file divorce case against my wife but my uncle suggested me to wait.

Also my uncle suggested me that we will fight for false case and then later we will take any action or any divorce step but not now till CS filled.
My uncle said forget the past, enjoy your life and be ready for fight, defend, because the case will run for approx 5 to 6 years.
One of my uncle suggested that NEVER EVER PLAN TO GIVE DIVORCE TO YOUR WIFE, JUST FIGHT ON MERITS..

i had heard about quashing of fir...but on what ground and need procedure?

Dear all members please help and suggest.


Sat Oct 18, 2014 8:06 pm
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Joined: Mon Feb 25, 2013 10:23 am
Posts: 814
@Author:

Read 498a survival guide.
Start collecting evidences.
As you have bail....90% of the case is over, but the remaining 10% will be time consuming(depends from case to case)
Wait for PS guys to file CS. Quash happens very strictly on merit basis only. Contents in FIR and CS play a major role.

Go thru the links and consult a lawyer thru reference(friends/family) in HC who's experienced in Quash.

http://498afaq.blogspot.in/

http://ipc498a.wordpress.com/2007/10/27/understanding-hc-quash-petitions-section-482-of-crpc/

http://ipc498a.files.wordpress.com/2007/10/understanding-section-482-high-court-quash-petitions.pdf

However....your post rings a bell in my mind
fightwith498a wrote:
I husband(age 21) from pune and my wife (age 19) from Uttar pradesh. we got arranged marriage dated 22-jan-2012


Were you 21 and your lovely 19 at the time of marriage in 2012 OR is it your age in OCT 2014 ?

_________________
“In theory, theory and practice are the same. In practice, they are not.”

http://498afaq.blogspot.in/
http://www.498a.org/contents/general/Ne ... elines.pdf

Good Luck


Sun Oct 19, 2014 3:35 am
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Joined: Wed Sep 17, 2014 1:52 pm
Posts: 13
thank you sir 227498a for your reply,
i fill follow survival guide,
and now my current age 23 and my wife's age 21 age.


Sun Oct 19, 2014 5:19 am
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Joined: Wed Jul 30, 2014 4:54 pm
Posts: 18
Kindly refer to these UP DIG Circular:

https://uppolice.gov.in/writereaddata/uploaded-content/Web_Page/16_5_2014_12_6_24_29.pdf

https://uppolice.gov.in/writereaddata/uploaded-content/Web_Page/23_6_2014_18_16_31_41.pdf

Are these guidelines being followed in your present case? Further, your uncle is right. Concentrate on criminal cases against you first. Do not go for divorce right now.


Sun Oct 19, 2014 1:23 pm
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Joined: Sun Nov 18, 2012 12:58 pm
Posts: 756
And divorce on whar ground?
Did you ask your lawyer that?


Sun Oct 19, 2014 2:01 pm
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Joined: Wed Sep 17, 2014 1:52 pm
Posts: 13
police came for investigation and they realized the truth but i think they are bound for limitations .

doodh ka doodh aur pani ka pani .

Police said your wife want to come back in your life but her parents are not allowing her to come back in your life.

Also please comment now what type of charsheet can be filed by police or any b report?

Or what i have to do ? or now i have to do any thing?


Fri Oct 24, 2014 4:30 am
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Joined: Thu Oct 16, 2014 3:24 pm
Posts: 29
Dont hurry for divorce. ur uncle is right. listen to him. Divorce will make a mess of this. and with divorce you won't come out of it but will go deeper into it.


Fri Oct 24, 2014 8:19 am
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