498a and dowry case

Please follow my each posts in the following links carefully bellow for more knowledge.

 

https:// https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

 

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

"The fact is that they gave us 1 KG gold and didnt gave any money to us. We have deposited the whole gold she had in a bank locker in the name of both of us. The key of the locker is with me."

 

The fact narrated by you indicates that you are guilty of S/406.

 

you have to get rid of the gold as early as possible. Do not be adamant.

"My doubt is that the property is in the name of my father then how can the court issue such an order?. "

 

either comply with order of challange. 

 

it could have been better if full facts were given

Thanks for your support

Things happened so far is like this.

1. My wife wanted me to go to Germany where her father is working and wanted me to do job there. She also wanted to come with me and settle there. I said no because i always wanted to stay with my parents.

2. After 2 or 3 days of arguments she threatened that she will show what she can do and left my home.

3. After 1 month she filed 498a case against me and my family. A police officer came to our home and took our statements. After some days we got the bail.

4. She again filed another case in the Family court saying that her parents gave us 3 KG of gold and also 50 lakh rs in cash. My father and mother jointly owns a house and property and she said that she came to know that we are going to sell the land and asked the court to attach the properties till she gets 50 lakh rs and 3 KG of gold back. Actually we didnt even thought of selling the land. Now the family court ordered that the property is attached by the court till final verdict. They gave us 1 KG of gold which is deposited in the bank locker in the name of both of us. We didnt got even a single rupee from them. 

 All the things she stated in the case is wrong and can i file perjury against her family. My main doubt is how can the court attach the property (that too is not owned by me) even before hearing what we have to say. Any way to challenge this decision of the family court ?

Thanks 

@Querist

 

As your parents are also mentioned in the FIR, hence to restrict them to take adverse action against the complainant the judge might have felt the need. However, in my considered view, court has erred by passing orders. These are liable to be quashed and you should approach High Court.

 

My advice is that first let your father expel you from his property "totally". On paper (legally) you should not have any share in any typ of property, that your father possess. If the land, money or anything, that is owned by your father, is heriditary i.e. inherited from your grand father, then even your father cannot expel you from that property. Anyways, it is time to act fast and smart and contact a local lawyer. Once you are expelled from that property, court has no right to attach that property.

 

But if, there is a prima-facie proof or case made out against your parents of accepting dowry to the tune of amount your enstranged wife has claimed, then there is no use of such appeal in High Court. Property is generally attached when there is fear of the accused running away from legal duty or obligation imposed by the law of the land or by an authorized court.

 

--

Regards

Saurabh..V

https://www.lawforumindia.com

Once the stay has been granted by the court for not selling the property. Debar/ Disowning shall not mean anything. If you are willing to return the property (Gold) you should unambiguously state your intention for the same in court.

 

 

Regards,

Thanks all for your valuable suggestions.. My advocate is saying that we should file perjury against her and her family Is it a safe option ?

I really doubt the efficiency of my advocate. Is here any advocates from Kerala so that i can contact them personally. I am from Trivandrum, Kerala.

some one advised

 

"My advice is that first let your father expel you from his property "totally". On paper (legally) you should not have any share in any typ of property, that your father possess."

 

I agree with Mr Shonee Kpoor.  I will add that if it was so simple to wriggle out of 498a cae by simply disowning son then all accused parents would have been out of the case and there w9ould hav ebeen no hue and cry over falsely accused persons (atleast some of them are falsely accused)

@Sudhir If you cannot understand (read appreciate) some advice, then keep your criticism at bay. It is true it may not be applicable to the case at all but this is one of the many ways to weaken an unscrupulous attack. I hope you understand why and how disowning will come handy (even in this case). -- Regards Saurabh..V https://www.lawforumindia.com

May be the querist may succeed with advise of Mr Sairabh V.

 

But I do not understand (atleast as per criminal law I know).  One accused severing relation with other accused.  How does his criminal liability extinguish without succeeding in trail.

 

I will be highly enlightened to know if this can happen.