I'm saddened to hear your situation
Looking at your limited case information below, and Subject to
1. My idea of *self help* which is very essential : http://tinyurl.com/pxcfz
2. Standard disclaimers as in http://tinyurl.com/947u9
a. There are a variety of reasons for FALSE dowry cases.
- Elder abuse (driving the husband's parents away)
- trying to separate the husband from his parents,
- money
- vengence
- trying to take away children and alienate them from the father
- even silly matrimonial disputes have resulted in false dowry cases
...etc....etc....
a.1. all of a sudden, the husband and his relatives are attacked with / or threatened with a false dowry case. This is a great CANCER in India as of date
b. You are NOT the only victim. 10s of 1000s of people are suffering like and as of date even courts have started understanding the magnitude of misuse.
IN THE SHORT TERM
c. I see you have CROSSED THE WORST
d. The worst they could do in your case was to file a false 498a case and TRY TO threaten you with arrest and try to make money
e. You have NOW obtained Anticipatory bail and so they have failed in their evil designs
e.1. I hope there are NO conditions attached to the Anticipatory bail petition
IN THE LONG TERM
>
>Already my wife is asking 50% of our(mothers
>and mine) property if the false case needs to
>withdrawn.
>
f. The root cause of most FALSE 498a cases is money
f.1. As the wife [including the in laws] have filed a false dowry case (498a case) and as the husband is innocent, see if you can record their threats (IF ANY).
g. I am NOT talking of some utopian ideas. I am talking common people like you and me taking precautions. See if you can get some audio / video recording of her / her family's threats
This will help you expose their threats
Do NOT worry much about admissibility of tape records etc. You should try and get MULTIPLE evidences of their greed and USE THEM AT THE right time. Do NOT use them at every juncture.
h. BE FIRM, but be careful
i. Generally we advise people NOT to file for divorce in a haste. http://batteredmale.blogspot.com/2006/12/divorce-why-now.html or alternate URL http://tinyurl.com/34bnmj
j. However in your case you seem to have already file a Divorce petition. DO NOT WORRY ABOUT THAT MOVE.
k. However you state that your wife LEFT your home on her OWN accord and that she did NOT return. This IF proven is an act of desertion - an act that can be used to support your divorce
l. Has your divorce case proceeded further ... for e.g. have they posted the case for conciliation or something like that ? Has your wife appeared or provided a counter to your case ?
l.1. What is the status of her maintenance claim ?
l.2. under what sections are these two cases filed .... what is the status
>
>After this she has filed a complaint against
>me and my mother at salem under 406,498A. Now
>we are under anticpatory bail.
>
>I have filed for divorce and she has filed for
>maintaence.
>
m. IN MOST CASE MONEY IS A MOTIVATOR for false cases : THIS is one of the reasons we advise men to WAIT before filing for divorce - because they will hit back with maintenance
m.1. In case the woman is NOT willing to come back we even advice that you call her back. Read here for more http://batteredmale.blogspot.com/2007/06/rcr-is-strategy-aka-rcr-before-enemy.html
or alternate URL http://tinyurl.com/2zcyoh
m.2. Reason : If you call her back and she does NOT come back, she will be exposed. She will be the deserting spouse.
>
>I have filed for divorce and she has filed for
>maintaence.
>
n. Many women threaten / file a false dowry case on one side and come back seeking alimony or maintenance on the other side. DO NOT PAY away or heed to all her demands in a hurry. Most un scrupulous women come back and demand more. See here for more http://batteredmale.blogspot.com/2007/06/i-have-already-settled-money-but-my.html or alternate URL http://tinyurl.com/22bm67
o. Further ... is the wife employed / does she have property or other assets in her name ?. IF YES Try and get proof of her employment / her well being. If she is employed She should NOT be entitled to ANY maintenance UNDER NORMAL CIRCUMSTANCES.
p. Even courts have started understanding the magnitude of these FALSE DOWRY CASE problems ... as recent as June 2007, the delhi HC has decreed that a false dowry Or false 498a case tantamounts to cruelty. http://www.tribuneindia.com/2007/20070615/main5.htm
>I dont want to live with my that person who
>has lied, falsely implicated me, and who is
>greedy for money only but not for husband.
q. I understand the principle that you have stated. But to get to this stage you have to first prove that your wife's 498a case is false. Then you are entitled to get divorce not only on grounds of desertion but also on cruelty (false 498a = cruelty)
See here for a DECISION by a court where the judge speaks volumes against misuse of 498a http://batteredmale.blogspot.com/2007/06/quash-of-false-498a-judge-speaks-of.html
or alternate URL http://tinyurl.com/3bfkvq
r. child custody
Who is having the kid as of now ?
There are few cases where the child custody is left to the mother, but men have actively fought and got back the children. The more men fight, the more we create precedents for others to follow
See here for more ";...abhorrence towards the Father cannot but be the result of brainwashing by the Mother....."or at http://batteredmale.blogspot.com/2007/06/abhorrence-towards-father-cannot-but-be.html
or alternate URL http://tinyurl.com/2q393v
s. I suggest you immediately get in touch with the ACTIVE CHENNAI based self help group(s), in case you haven't so far.
s.1. Self Help Contact Nos can be found at : http://tinyurl.com/vntjz alternate URL http://www.blurty.com/users/vinayak/day/2006/12/10
t. Could you please give us some more info on the status of the case ?
- what are their allegations in the 498a case ?
I am also copying this mail to other dedicated self help team members. they will also reply your questions
More after your contacted our self help group
>
>Victim Location : chennai,tamilnadu,india
>Hear about us: GoogleSearch
>498A Registered: YES
>498A Place: __,tamilnadu,india
>498A Date: __early_2007
>Any Other IPCs: 406
>Relatives Accused: mother
>Jailed Days: NO
>Stage of Case: 498a
>Spent Money on 498A: ______________
>Lived in joint Family: YES
>Marriage Date: __late__1994
>Wife Age: 30 +
>Wife's Education Level: __graduation___
>Wife works (earns)?: doesNotWork
>Filed for Divorce: YES
>Have children: YES
>Living With Wife: NO
>Negotiating with Wife: YES
>Took her Stridhan Back: YES
>She had Any Medical Problems: YES_physical
>Willing to Help other Victims: YES
>Ready for TV/Press Interivew : MayBe
>Comments:
>
>We reside in chennai and my family went to my
>inlaw place due to the death of her mother. but
>even after 2 months after repeatedly calling
>her and went in person to pick her up.
>
>She refused to come.
>
>My father-in-law _____________ so she
>has decided to stay with him as her sister was
>in _______
>
>After this she has filed a complaint against
>me and my mother at ______ under 406,498A. Now
>we are under anticpatory bail.
>
>I have filed for divorce and she has filed for
>maintaence.
>
>I suspect my father-in-law wants to keep her
>with him to take care of him and as he ....
> want my wife to extort money from me.
>
>Already my wife is asking 50% of our(mothers
>and mine) property if the false case needs to
>withdrawn.
>
>I dont want to live with my that person who
>has lied, falsely implicated me, and who is
>greedy for money only but not for husband.
>
>She has been suffering from _____, ____
>____. ______, _________etc.,
>for more than a decade
[.............]
regards, vinayak
My post above is Subject to
----------------------------
1. My idea of *self help* which is very essential : http://tinyurl.com/pxcfz
2. Standard disclaimers as in http://tinyurl.com/947u9
3. A short preamble : http://tinyurl.com/hatew
Dowry Law Misuse : http://tinyurl.com/tdkx6 , http://tinyurl.com/v5vp8
Groups :
http://groups.google.com/group/MatriSuggest
http://groups.google.com/group/SIFsuggest
Blogs :
http://bareact.blogspot.com/2006/12/divorce-why-now.html
http://tinyurl.com/2tb3s7
http://tinyurl.com/2dkub4
http://tinyurl.com/23xppp
http://vinayak.jconserv.net/index.php
http://www.bloglines.com/blog/eVinayak
http://bareact.blogspot.com/
http://my2cw.blogspot.com/
http://o3.indiatimes.com/mera/
http://www.blurty.com/users/vinayak/
Seek advise : All India contact Nos : http://tinyurl.com/vntjz
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