Legal Question in Family Law in India

498a filed still harassing

Dear Sir/Madam,

My wife and her family members are creating a problem from past 1 year 6 months,last friday they filed a 498a on me and my family, my old age parents were in custody for 4 days,She given a 100% false complaint to police station,We had not taken single rupee from her,in complaint she stating we are demanding Santro car and 1 lac rupees,and I had married before marrying to her and i have 4 year old child.And she got mental and physical torcher from my family.As per muslim law I had given a divorse to her.Still she filed a 498a.She is refusing to return our gold and other valueables to us.Now she is telling we had not put any valuebles to her what ever she have every thing from her family.Also their trying to put some other false case on me so I am scaring to go outside.Please guide me what step I have to take to prove the truth


Asked on 6/13/08, 12:26 pm

5 Answers from Attorneys

Homi Maratha N.N. Maratha & Co.-Advocates

Re: 498a filed still harassing

I would strongly suggest you to settle the matter amicably with the support of elderly relatives , friends etc.

The proceudure is preety costly and its tiring as well.

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Answered on 6/16/08, 3:35 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: 498a filed still harassing

The only ways with you are 1) To defend and prove the falsity of the case 2)To settle the matter amicably if possible.

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Answered on 6/15/08, 4:46 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: 498a filed still harassing

You should make all out efforts for an out of court amicable settlement with the help of elders/family friends.

The litigation will be tiring, costly and time consuming besides being totally uncertain.

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Answered on 6/14/08, 6:09 am

Re: 498a filed still harassing

The best way to defend in a criminal case is to attack. If we go by your facts, file a complaint in local muslim organization, if there is any, to increase the pressure on their family.

As far as 498A case is concerned, now the law will take its own course. She has to prove her case not you.

You got to prove that the articles she took with her are yours. Also, if she took any articles with her other than she received during marriage or in relation to marriage with you, file a complaint for theft with the local police station.

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Answered on 6/13/08, 12:48 pm
Bobby Aanand Metropolitan Jury

Re: 498a filed still harassing

We suggest you to hire a local lawyer to fight your case. There may be lot of grounds for you to fight your case and defend yourself and your family. Please consult any local lawyer, meeting with him personally can probably help you out to understand the crucial issues in your case.

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Answered on 6/24/08, 5:02 am


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