Worried & harassed by husband
Radha
(Querist) 29 July 2014
This query is : Resolved
Dear Lawyers/Experts,
My husband has filed a 420 and a cheque bounce case on me & my brother. I left my husband's home due to some problems with him. He had helped my brother in the business and has given loan to my brother through giving money in my bank account. He was asking his money back but my brother could not return it due to financial problem. He did not wanted to understand the problem and I had to give my husband a post dated cheque for the loan amount to buy time.. But one day we had an argument and I left home and went to live with my brother. On the advise of my brother I made the stop payment of the cheque and also filed dowry case on him to settle the matter and take divorce. I thought I will adjust the amount from the settlement amount from him. But now my husband instead of making a compromise has taken bail and has filed 420 and cheque bounce case in his home town which is 300 km away from my city. I & my brother have received summon from court. He has filed a complaint case. But he has no proof that I gave the money to my brother that he gave to me.
I want to know whether I should appear in the court or I should apply for anticipatory bail.
I am a working lady. I have been told that I will get permanent exemption from attending court hearings. Is it true? How can I travel such long distance every month to attend the court? I can lose my job due to harassment of court cases.
What more cases can I file on my husband to make him understand what he did to me? He left his job and is only doing such foolish things. I want to bring him to my terms.
Please guide me to deal with the problem I am facing.
Sudhir Kumar, Advocate
(Expert) 29 July 2014
why your brother does not refund his loan.
When the PDC was given in lieu of loan by brother it was not related to your dowry case and how you stopped payment on it.
The case filed by your husband is tenable. The place of trial is also correctly chosen.
Generally I do not like to express opinion against women taking support of dowry law but in your case you have nowhere stated that the dowry allegations made by you are true.
Sudhir Kumar, Advocate
(Expert) 29 July 2014
you said
"What more cases can I file on my husband to make him understand what he did to me? He left his job and is only doing such foolish things. I want to bring him to my terms."
This forum doe snot give views on how to file imaginary cases. Facts given by you do not even hint whether dowry case filed by you is bonafide.
Facts given by you do indicate that cheating case filed on you and brother is strong.
I wonder whether asking for return of loan is also a foolish thing.
Radha
(Querist) 29 July 2014
He gave money to his brother as gift. He helped his father buy a flat but when it comes to my family he does not give any money. My brother lost money in his business. My husband has lot of money but he is a miser. He did not take dowry but was fighting with me all the time on petty household works. I am fed up of him and want divorce from him. If I had not filed the dowry case, he would not give me divorce. I just wanted a settlement by filing the case. But he has taken it on his ego and has told me that he will never give divorce and will fight all the cases. I want to teach him a lesson because he has filed a case against me to harass me.
Devajyoti Barman
(Expert) 29 July 2014
Sorry , we can not advise you to file false dowry case to get divorce.
Rajendra K Goyal
(Expert) 29 July 2014
The money taken by your brother and was covered by your PDC was to be paid on demand. Your husband has taken step as per law.
You have also filed cases against him and also want to file more to teach him lesson.
For this you should have been on concrete floor, actually you are not on the same.
Consult your lawyer, show him the case file and proceed as per his advise.
Radha
(Querist) 29 July 2014
At least tell me should I go for regular bail or anticipatory bail.
Can I apply for permanent leave from attending court as I live 300 km from court.
Radha
(Querist) 29 July 2014
My brother is afraid to go to court. He has stopped eating food and my bhabhi is angry with me as if all fault is mine. Please help me and suggest me how to proceed in this case against me. My lawyer is saying that I will have to deposit the entire amount in court to get bail. Is it true? What if I do not want to give him any money? Actually he should share is 50% property to me.
Sudhir Kumar, Advocate
(Expert) 30 July 2014
It is his choice that he donated money to his father and brother.
It is his choice that the did not donate and only loaned money to your brother.
It is your brother who is not refunding the money.
It is you who gave PDC as a guataee of refund.
It is you who knows that there is no dowry demand just filed dowry case to compel your husband to forget his loan.
He is perfectly within his rights.
Your bhabhi is rightly blaming you. It is because of your PDC that criminal case is filed on you and it is because of you being accused her husband is accused. Without your PDC her husband (your brother) has successfully swallowed money.
Sudhir Kumar, Advocate
(Expert) 30 July 2014
Legally your husband is right. He has forgotten that :-
(I) Money given to parents, siblings, cosines, friends and relatives of self and spouse is meant as a donation even it is garbed as loan.
(II) money taken by above means is never to be recovered.
(III) money taken on above means is either to be spent in luxuries or put in unviable business to be lost in trade.
Radha
(Querist) 30 July 2014
But I filed the case first. My brother says that whoever files the case first wins. I will say that he beat me and forcefully took my signature on the cheque. Everyone in my family said that whatever I say the court will believe and my husband and his family will be sent to jail.I will also say he did not loan any money but just returned the loan of my brother who gave the loan in cash.
My lawyer is saying that I will have to deposit the money to get bail. Is he influenced by my husband? Please guide me.
Devajyoti Barman
(Expert) 30 July 2014
No money except part of bail bond is to be deposited to get bail. Consult other lawyer to cross check your current one.
Radha
(Querist) 30 July 2014
My lawyer is saying that the court may or may not ask me to deposit the entire amount as a condition for granting my anticipatory bail.
Sudhir Kumar, Advocate
(Expert) 30 July 2014
you have to realise one thing.
In cheque case you are a cheating party.
Sudhir Kumar, Advocate
(Expert) 30 July 2014
you said
"My brother is afraid to go to court."
let him now go court will issue NBW and cops will take him from house or where ever he is hiding. He is saved of the transport charges also.
or else let him beg for mercy of complainant.
Sudhir Kumar, Advocate
(Expert) 30 July 2014
good
"My brother says that whoever files the case first wins."
is he the same brother because of whom your life is miserable.
Sudhir Kumar, Advocate
(Expert) 30 July 2014
"Everyone in my family said that whatever I say the court will believe and my husband and his family will be sent to jail.I will also say he did not loan any money but just returned the loan of my brother who gave the loan in cash."
what about the other evidence the police may recover from you and your brother during remand.
Sudhir Kumar, Advocate
(Expert) 30 July 2014
if your lawyer (who knows the entire case) is advising something you can at the most have second opinion.
If court makes such condition of deposit you do not have much remedy.
Sudhir Kumar, Advocate
(Expert) 30 July 2014
repeated
http://www.lawyersclubindia.com/experts/Character-assassination-by-husband-487291.asp
T. Kalaiselvan, Advocate
(Expert) 31 July 2014
You know everything better than anyone including the experts who have spent their valuable time to listen to yur various posts in this thread and advise you properly. You also know what is your liability towards the loan taken by your brother but to evade the liability, you acted on the wrong advise of your brother against your husband by filing false cases. You cannot expect a favorable reply or appease you despite all your obvious wrong acts.
Sudhir Kumar, Advocate
(Expert) 01 August 2014
agreeing with Mr Kalaiselvan I will add that this forum experts do not like to advise the misuse of law and procedure.
You have all the sympathy for your brother who has actually ruined your life.
Sudhir Kumar, Advocate
(Expert) 01 August 2014
dowry laws are pious laws enacted to the benefit of real victim women. Women like in your case have tarnished purpose of this law.
Now misuse of this law like in your case is so rampant that this is the only law in the world for which there is a lobby of accused.
Sudhir Kumar, Advocate
(Expert) 02 August 2014
experts please refer to
http://www.lawyersclubindia.com/experts/Character-assassination-by-husband-487291.asp#.U9xI_qNvdG0
she made a fresh post on this thread which reads as
"Kindly tell me how much time it generally takes for the arrest warrant to be issued. I received the summon (court notice) 3-4 days back. What are the options I have to delay the case as long as possible? Please give me some legal inputs. I am really tensed and want support. Should I leave my home and go to live with my relative or should I stay at home and pay the police if they arrives."
Radha
(Querist) 07 August 2014
Dear Experts,
Kindly suggest the options I have to move forward in the criminal 420 case against me. Should I apply of AB or go for permanent exemption application or move for revision or move for quashing or surrender and get bail because it is just a false case by husband who filed to take revenge of the dowry case. These options have been suggested by different friends of mine. But what is the best option in my case. Kindly suggest. I want to delay the case as long as possible.
Radha
(Querist) 08 August 2014
I have not received any advice from the experts. I feel that I have been ridiculed because my brother did not have money to return to my husband. I am in trouble and I want to make the best possible moves as per law. Kindly suggest what should be my next move after receiving the summons. I live in a very small town and we only know small time lawyers here who says to surrender and see if I get bail or not. But I know there are many other options in law. Please suggest the best possible moves to delay the case.
Radha
(Querist) 09 August 2014
Sudhir Sir I think you are biased against women and so you are supporting my husband. You posts have dissuaded other experts from helping me.
prabhakar singh
(Expert) 09 August 2014
Lady Radha!
In my experience of the things, i find going here,Mr. Sudhir is pro ladies but here with you his hostility is due to your own admission of truth that you have filed a 498a FALSE case against your spouse.
In my experience out of 100, 99.999... are always false.
To become teacher one requires to go to school which you have already joined.
As regards to cheque case,you have following choices:
1.Get it compromised by offering entire cheque amount on very first date, or
2.get bail on terms court agrees to grant and seek personal exemption and contest the case.Mind that it is a typical case where you would be under burden to prove that your PDC was for no consideration for which stories conceived so far by you would not prove convincing.
Radha
(Querist) 09 August 2014
Sir I have been told that the cheque bounce case can be compromised by giving full payment but what about the 420 dhara on me. And if I pay the amount, my dowry case will become weak because my husband will say that I had to return his money because he filed the case, so the dowry demand is not possible. It will be a total loss I think.
Radha
(Querist) 09 August 2014
Can I deny my signature on cheque saying that he got the signature done from some expert copy cat. Or that I gave him a signed cheque for paying my mobile bill but he filled some other information later and I forgot the cheque with him and he paid the bill by cash. Can exemption from appearance be applied before the bail so that there will be no need for bail.
prabhakar singh
(Expert) 09 August 2014
I DO NOT WISH TO BE PART OF YOUR SPECULATIONS.YOU NEED AN IN DEPTH DISCUSSION,SITTING PERSONALLY IN A LAWYER'S CHAMBER DEALING CASES OF THE KIND YOU HAVE.
Radha
(Querist) 09 August 2014
I am what I am. I have filed dowry case for divorce and for all my husband money and his property so that he will never get another decent girl like me. It is just I do not shy way from admitting it. Is being truthful wrong. And by the way have you seen any girl being tortured for dowry in big cities but there are thousands and thousands of dowry cases. My husband is a fool who has filed case on me. I will make him & his family realise the taste of jail food.
prabhakar singh
(Expert) 09 August 2014
No comments from me for spouses who may come togather any time to be-fool the whole world.
Devajyoti Barman
(Expert) 09 August 2014
Sorry, filing of false case is equal offence and you are proved guilty you can be put to prosecution.
Being truthful only makes your guilt admitted.
Radha
(Querist) 09 August 2014
In court I will only say what my lawyer will advise me to say. But I do not think that saying anything outside the court can prove me guilty.
Anyways I am too stressed because of the cases. I know if I do not go to court, my husband will do something silly to get me arrested. So I will have to think something to make him understand the power of a 21st century girl.
Sudhir Kumar, Advocate
(Expert) 10 August 2014
you said
"But I do not think that saying anything outside the court can prove me guilty. "
You can say so because you have not read Evidence Act.
Sudhir Kumar, Advocate
(Expert) 10 August 2014
you said
"I know if I do not go to court, my husband will do something silly to get me arrested."
He does not have to do anything.
Devajyoti Barman
(Expert) 10 August 2014
I think you are terribly mistaken and by doing these acts you digging your own grave only.
Return to your senses soon else it will be too late.
I wonder what does actually mean by 21st Century girl. Certainty your acts do not match that definition.
prabhakar singh
(Expert) 10 August 2014
TRULY SPEAKING WE ALL have fantasies BUT MOVE ON QUICKLY TO TRUTH and those who LACK THIS ABILITY fell MENTALLY ILL.IT HAS BEEN HAPPENING SINCE INCEPTION AND SHALL GO ON IN EVERY CENTURY.
Sudhir Kumar, Advocate
(Expert) 10 August 2014
at least today on RAKSHABANDHAN your brother may realise what he has done to your life.
Sudhir Kumar, Advocate
(Expert) 10 August 2014
you said
"I will make him & his family realise the taste of jail food. "
very confident. the charges against you are documented and you wish not to apply for bail or not to attend summons. You are yourself eager to taste jail food.
Sudhir Kumar, Advocate
(Expert) 12 August 2014
continued
http://www.lawyersclubindia.com/experts/Short-dates-in-court-489926.asp
T. Kalaiselvan, Advocate
(Expert) 13 August 2014
The author does not deserves this lengthy replies, should have been nipped in the bud itself, experts don't have time to encourage feminist movements or heir avenging activities on their male counterparts to satisfy their ego or female chauvinism. Let us not reply anymore to any of her thought provoking comments on experts.
Sudhir Kumar, Advocate
(Expert) 13 August 2014
I disgree partially with Mr Kailaiselvan.
This is not feminist movement raised by the author.
By such like activities some persons are creating atmosphere in society where by some persons (as visible in this forum as well) are lobbying against 498a and other dowry relate3d laws and result of actions is against the sufferer women.
This is also not female chauvinism. It is a simple case of intimidation of creditor because defaulter borrower can harass him by misusing his sister against him, the best way.
This is a simple case of a fraudster seeking help (and failing) of this forum to cook false pretenses and learn ways to fool laws.
Sudhir Kumar, Advocate
(Expert) 13 August 2014
I also feel that the author be encouraged to argue further so that if the lawyer of her husband is also member of this forum be getting enlightened.
Radha
(Querist) 13 August 2014
Sir I am an intellectual woman and not someone who can be used by her brother.
And what is this dowry law all about.
First our father marries us to get rid of us and do not give us our family share which we deserve.
Then our husbands treats us like his property.
Then again our father and brothers find a way to earn money from us by filing false dowry cases which they never gave.
We are the sufferers. But I am not that kind of girl. I will take half of my husband's property and also half of my father's property and then will marry of a handsome person who will love and care for me.
And my husband has hired a very costly and a senior lawyer. So his lawyer does not have time to go through this forum. SO no risk at all.
Sudhir Kumar, Advocate
(Expert) 14 August 2014
"I am an intellectual woman and not someone who can be used by her brother."
(i) your brother needed some money on loan
(ii) he found none else to lend other than the man who married you.
(iii) he did not want to refund when due.
(iv) He himself did not want to sign any cheque and caused cheque from you.
(v) the quarrel with husband started because of the loan and you had to leave him.
(vi) either he advised you or did not stop you from making stop payment.
Now because of you brother you are accused in a criminal case at faraway town.
WHAT ELSE DO YOU THIN IS USED BY BROTHER
V R SHROFF
(Expert) 14 August 2014
There is a Point in Shri Sudhir Kumar's Observation. Think it over... Also read what Shri Barman says.
Don't damage yourself any more.
Sudhir Kumar, Advocate
(Expert) 16 August 2014
you said
"Then again our father and brothers find a way to earn money from us by filing false dowry cases which they never gave."
At least on one point I have to agree with you. It is true in your case.
Radha
(Querist) 17 August 2014
this point is true with most of dowry cases. at least we r on same page.
Sudhir Kumar, Advocate
(Expert) 17 August 2014
you said
"Then again our father and brothers find a way to earn money from us by filing false dowry cases which they never gave."
At least on one point I have to agree with you. It is true in your case.
It is true that atleast your brother is earning out of false dowry case filed by you.
Biggest loser of the game is you alone.
Next loser is your husband.
Biggest gainer is your brother.
Radha
(Querist) 17 August 2014
I am the biggest gainer because I will take a share of my husband's property and also marry a rich person. My brother will help me achieve my goal and if he keeps some money of my husband, how does it matter to me.
ajay sethi
(Expert) 17 August 2014
well you are absolutely unscrupulous . anyhow it is your life and you have to live with the guilt of having foisted false case on your husband . money is not everything in life . you may never have peace of mind if you keep on running after money
T. Kalaiselvan, Advocate
(Expert) 17 August 2014
The more and more you give a reply to her posts, she will feel more and more enthused and encouraged that she keeps posting lot of things which not only irritates but also warns us from keeping away from replying her anymore, because she has made her intentions very clear that she is behind money which she will accept it from any one from any corner and she will go any extent to get it and by any means, so anymore reply to her query will be an insult to the experts.
Sudhir Kumar, Advocate
(Expert) 18 August 2014
@ Kalaiselvan
I appreciate your feelings. But you can see that no expert has endorsed her feelings and planning.
Advocate. Arunagiri
(Expert) 18 August 2014
My suggestion is to treat this query closed. No more replies shall be added.
Radha
(Querist) 18 August 2014
I thought lawyers are practical people. I see lot of sentimental reply here.
ajay sethi
(Expert) 18 August 2014
query is resolved
Sudhir Kumar, Advocate
(Expert) 18 August 2014
Members of this forum are very practical as seen above. None is cooperating in crime or in evading law.
Members of this forum do take care that their skill is not given in charity for fleecing innocent persons.
ajay sethi
(Expert) 18 August 2014
MR arunagiri had suggested query be treated as closed . hence mentioned query is resolved
Devajyoti Barman
(Expert) 20 August 2014
Yes, I consider it closed from my end as well.
