Pl answer 498a property etc..

vickydonor (Querist) 24 April 2012 This query is : Resolved
fed up with a cruel and domineering wife.expecting 498a etc etc soon….
pl answer following queries:-
(a) what option is better?...going for divorce on cruelty straightaway or first give her and her family a last chance for marriage counselling...which they will never agree and come up with lots of excuses to avoid that.
(b) i have a mobile phone with inbuilt sound recorder and mem card...does recording valuable admissions of wife in that memory card help?...what are precautions to be taken to admit that as evidence?..like if sound clip is recorded and stays there in memory card but some ringtones etc etc are frequently deleted or added...will it tamper the memory card evidence?...also if some sound clips of her are deleted from mem card and some are kept which are useful..will it be considered tampering...and can it be retrieved by forensic experts later?
(c) a cheque of rs 20000 was given by father of wife one month after marriage saying pls keep the money...u have spent lots of money on marriage...buy some items...take it as my contribution.....Now that good man saying that i demanded that money and harrased my wife...and be prepared for an FIR with evidence of that cheque which u encashed!...Is that damn 20000 a gift or a dowry....what effect of that on my future case?
(d) me residing in different state from my wife who is in haryana. What delays can i expect. how easy is for haryana police to come to different state to arrest or interrogate?..or will the case move at a snail pace...with letter writings by police to me requesting me to join investigation?
(e) Streedhan at my home rt now...except jewellery which is in her father's bank locker...what to do?...ask her to collect these items or send them by transport to their house......or to local police stn at her place?
(f) what is actually happening in AB cases in haryana...since all 498a, 406 cases similar....what are the grounds for AB?...actual streedhan is always disputed.....she can say jewellery is with u....blah blah blah......what are the facts which favour grant of AB?..or is it just plain luck and attitude of judge?
(g) I have been alloted a plot of land 5 yrs back...not taken possession of it but paid yearly instalments of its cost from my own salary and loans and now only 2 more instalments left....what to do....do i sell it imdtly to avoid that allotment getting struck in future Dv case and also since marriage (property distribution) law likely to be passed in future....please give only practical and sure shot advice.
(h) also such sales do provide some money in black to the seller(like premium over the registered price of the plot)...how to conceal that amount from preying eyes of wife...and her good father...do i buy gold from that amount or dump that money under a tree!

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ajay sethi (Expert) 24 April 2012
1)marriage counselling is advisable . recording on cell phone her admissions would be valubale evidence . can be relied upon in court

2)rs 20 ,000 would be gift to son in law . even if they claim as dowry offer your willingness to return the money .

3)wife will file case in haryna . you will be called for investigations .

4)send her email that stridhan is in your posession enclose list and offer to return it to her . take receipt .

5)if you apprehend arest after filing of FIR apply for AB . court considers allegations made in wife complaint .

6)sell the plot . we dont advise you on tax evasion