False 498a and dv filed against me and my mother
Guest
(Querist) 05 July 2014
This query is : Resolved
Dear Experts,
I am one of the many victims of false 498a and DV case. However my story is below.
1. We both knew each other since 2007 through internet social networking site. We met for the fist time in the year 2010. She had invited me to her home town while I was returning from my brother's wedding. I was then staying in another city as I was working. She was a student then.
2. We we were just friends she often use to ask me to transfer some money to her account stating that her father was not able to finance her studies.
3. We met each other in the year 2010 and stayed in a hotel. She was living with her family at that point of time but preferred to stay with me in a hotel.
4. When I returned to the city where I worked she approached me stating that she is willing to work and support her family. I tried to help her and got her a job.
5. I paid for her travel expenses. As she stated that her father's financial condition was not good and she will pay me back when she starts earning.
6. We both started living in a live-in relation. She stopped working and going to office after 15 days and I had to bear all her expenses.
7. She never took any money from home as I was earning and was able to financially support her.
8. This continued for two years and then one day she wanted to join office. I took her for few interviews and she got placed to one of my previous company.
9. She never financed any expenditure for home. Rather developed a habit of smoking and drinking.
10. She worked their for 13 months and due to problems with her supervisor she resigned the job and asked me to place her to my company.
11. I used my employee referral scheme and got her placed. She however could not work there for long and had to repay about 41k back to the company which was refunded by me.
12. Her father had developed a tumor in the liver and was supposed to be operated and I had to spend about 75k for the same. As a result whereas her father was not ready for the marriage soon agreed.
13. She spent sometime in her hometown and I decided to get my mother and live with her. She found this as a major road block and decided to return.
14. She joined another company but again problems with her supervisor she decided to resign again.
15. I was in the same month got transferred to another state and she accompanied me there.
16. In the month of December 2013 we both got married. Marriage is however not registered till date.
17. From the very first month she started putting demands on my head thinking I was earning a huge amount of salary.
18. Demands were
a) To pay her educational loan.
b) To pay her brother's educational loan.
c) To pay for her father's house building loan.
d) To pay for her LIC.
e) To pay for her father's loan which he incurred when he was ill and was operated.
f) To pay for her credit card bills.
g) To make her as a nominee for my PF and Gratuity.
h) Finally to abandon my mother and stop supporting my brother.
19. I tried my best to explain her the situation but she never seem to accept and started taking anti pregnancy pills. I did not understand in the beginning but when one day I came home early and suddenly opened the door I found her in a video chat with a guy completely nude.
20. When I demanded an answer for the same she denied and I separated from her and started living in a different room in the same flat.
21. She did not bother about that and started smoking in front of my mother. When my mother demanded an answer for her such behavior she abused my mother and use body force on her.
22. I was mad at her but did not lay a finger on her. But called for her parents in the month of April 2014.
23. To my surprise when they came here I found that such behavior was implanted on her by her parents and they said listen to my daughter's demand else face consequences.
24.They stayed for 8 days and then finding that I was not compromising with them they vacated with all her belongings and left for their hometown. Before leaving they gave me a 15 days of ultimatum to decide and listen to their demands.
25. After finding that I am not bowing down to their demands they started sending me emails and blaming me for everything including harassment and dowry.
26. They called me and abused be and my mother repeatedly. Suspecting their act of false case I made a police dairy with all the details.
27. In the month of May 2014. I received a call from her with a threat of false 498a and DV. I immediately applied for divorce and the notice was sent on June 2014.
28. After received the notice they retaliated with false DV case asking for maintenance and also for false 498a.
29. However I was sent a notice only for maintenance claims. In which she stated that she had visited her parents in the month of February 2014 and I traveled their to put my dowry demand of 5 lakhs.
30. She had also entered that she had given a dowry of 3 lakhs in form of cash, jewelry, furniture etc. on our demands.
31. She have stated that she was the one who called for her father and mother.
32. That she was confined and was not provided food and also was not allowed to talk to her parents.
33. That I physically tortured her instigated by my mother.
34. That I have illegal relation with one of my neighbor who's name was not disclosed.
Facts :-
Below are the facts.
1. There was nothing given or taken during marriage. It was me who demanded that the marriage should happen in a court and with limited number of guest to stop wasting money.
2. She was given full freedom to use my laptop, post paid SIM card which was in my name. There were three SIM cards in my name one is used by me , one by my mother and another one was given to her.
3. She was the one who had performed actions of adultery and not me.
4. She was never confined as she regularly participated in Birthday Parties, Holi Festivals, Family fun outings etc. etc.
5. I never took up any travel to her hometown after my marriage. Infact even she was with me during the month of February 2014.
6. It was me who approached her father and brother though SMS and informed them about the situation.
7. That I had to bear all the expenses for he study loan, Credit card bills, phone bills, and all other expenses.
Evidences :-
1. Both her and my call records to prove that she never visited her parents in the month of Feb.
2. My bank transactions to show that I was within my city limits.
3. Email conversations that they were threatening me of consequences.
4. Google and other chats showing that the dowry blame was false and no harassment ever took place. All happened in the month of June.
5. My neighbors who witnessed that it was her who was harassing me and my mother.
6. SMS from her father sent to my mother and brother threatening them.
7. Chat logs with my wife stating that she never ever had any doubt on my character.
Help Required :-
1. Now that I have few evidences to prove my innocence. Do I still need to apply for AB or I can provide these to the PS?
2. Now with the new Supreme Court direction no arrest can be performed without investigation will these proofs hold good.
3. I can prove that she lied in the affidavit.
4. She stated my salary which is incorrect and also she is well educated with working ability and earn equal salary as me but she is not working to earn easy money.
4. I can prove that she was medically prescribed that she goes under medications as she was detected with cyst in her ovaries which makes her difficult to conceive.
Can you please suggest if any other step I can or need to take to prove that its not me but its them who are guilty.
Important Dates :-
Month of Marriage - December 2013.
Date of Separation - April 2014.
Date of 498a - Between 25th June to 5th July.
Devajyoti Barman
(Expert) 05 July 2014
1. If FIR is registered then apply for bail preferably anticipatory bail. Falsity of case has nothing to do now as Police can apprehend you anyway.
2. Police can investigate only which does not mean that they can not arrest you. They have every right to ignore the evidence.In any case if you do not apply for bail, the court can issue warrant.
3.Yes but unless you prove her income maintenance can not be avoided.
4. That would not of an help in your case.
Take bail and fight the cases on merit.
Guest
(Querist) 06 July 2014
Thank you sir for your suggestions.
1. I am for sure going for AB.
2. Will her form 16 and previous company payslip be enough to prove that she is capable of working and maintaining herself?
3. Is it mandatory for me to attend all the hearings or can just my lawyer attend the case on my behalf?
4. If the place where the FIR is logged and place where the action took place according to the notice is different what is the jurisdiction of police? Because I had made a police dairy to my local PS as soon as I received the first threat. Thats in the month of May 2014.
5. Now as the Supreme Court had already ordered the police to ensure that they have to put reasons if the person is arrested without any investigations. What can I do to ensure that a clean investigation takes place?
6. What other precautions I can take as this is a clear counter blast of my divorce case? I want to ensure that our judicial system penalises people who misuses Law which is meant for protection not as a weapon. What action I can take?
7. How much time it takes to submit the first report by the police to the court?
Sudhir Kumar, Advocate
(Expert) 06 July 2014
very long narrative. too long to be read in one go.
she does not seem to be wrong on every point.
Devajyoti Barman
(Expert) 06 July 2014
Better meet local lawyer.
Courts in WB nowadays have become aware of misuse of matrimonial proceedings.
ajay sethi
(Expert) 06 July 2014
be brief and to the point . apply for AB . fight 498A case on merits . contact a local lawyer
Guest
(Querist) 06 July 2014
1. What if I can prove that the complaint was filed as a counter blast to my divorce case? As she was with her parents since April 2014 and refused to come back. I aplied for divorce and she retaliated with 498A in the month of June 2014.
2. Just to keep you posted. They actually didn't file the case of 498. They were seeking maintenance but the allegations they had put is of 498a so court had directed police to register a FIR and investigate. They might have approached police station but as they never had anything to justify their allegations the FIR was never registered.
Q. Any idea how difficult it is to get a AB in these cases?
Q. Will she need to answer the delay?
Q. Doesn't she need to prove her allegations? Or mere by putting allegations proves me guilty?
Q. Can you please explain what is merit? I am willing to fight the case but dont know what is merit.
ajay sethi
(Expert) 06 July 2014
1)that is normal practice . always counter measures are taken on advice of lawyers
2) police will investigate . with latest SC judgement you would get AB .
3) wife has to prove allegations
4) merits means fight case in trial court
Guest
(Querist) 06 July 2014
Thank you Ajay sir.
I just require few more suggestions
Q. Do I need to prove that she has lied in every sentence of her affidavit? I have couple of witnesses who may not be able to go to the court as they are daily worker and cant travel to give their statement but they will if their statement is recorded in Kolkata. How can I get their statement recorded?
Q. Do I need to attend every date or my lawyer can do that for me?
R.K Nanda
(Expert) 06 July 2014
consult local lawyer.
Devajyoti Barman
(Expert) 06 July 2014
contact local lawyer.
Once bail is granted , you need not attend court on every date.
ajay sethi
(Expert) 06 July 2014
your lawyer can attend court on every date . you need not attend on each date .
Rajendra K Goyal
(Expert) 06 July 2014
Consult your lawyer, agree with the experts.
Guest
(Querist) 06 July 2014
Thank you all the Experts for your suggestions.
I had fee more questions.
Q1. During trials will emails/bank statement/chat records/SMS etc does it hold good?
Q2. What is the role of my local PS? As I had registered a police dairy first?
Q3. Does police has to perform investigation where the crime took place (according to her it was kolkata)? As per the latest order police has to perform the investigation.
Devajyoti Barman
(Expert) 06 July 2014
You are advised enough.
Now meet a lawyer if you have not done any .
T. Kalaiselvan, Advocate
(Expert) 07 July 2014
You can contact a local lawyer and take his help for further proceedings as properly advised by all experts above.
