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Irshad Khan   01 July 2015

498a case

I am irshad khan from jharkhand. I got married in 2009, it was a counter marriage and my sister was married to my wife's maternal uncle. I have a daughter aged 4 and my sister have a son aged3. From the very beginning my wife had a very dominating nature. She not only dominated me but my parents also. Whenever anything was not as per wish, she use to instigate my sister's husband, who in return mistreated my sister and blamed her for everything. Arguments and fights were common in my daily life. As my wife's nature continued to be the same in 2011 we had an argument, she fought with me and went to her mother's place and send my sister back to our house. A year later a committee meeting was held and a compromise was reached. As i use to work outside india, last year when i came back i bought my wife n daughter home. A few days later my sister's husband came to our house but he again mistreated my sister and her son. He mentally and physically tortured my sister. He didnt even give her a single penny as eid was coming and went away without taking her. A day later my wife was speaking to my sister's husband and again negatively informing him which my sister heard and there was a argument between the two. My wife became so furious that she immediately asked her few local relatives to come to our place. About 6 men came to our house when my mother and sister was alone at home and humiliated them. Next day my wife's mother came along with police took her and filed FIR against me charging 498 and attempt to murder case. When we came to know my sister immediately filed a counter case of 498 n domestic violence. A day or two later a lady officer came to my house along with the IO and took my sister's statement. After that no proceedings took place nor any charge sheet was filed. But the IO kept coming and tried to persuade us for compromise. IO even said if we come to understanding he would lightened the case from both side. We kept quite and after few months i went out of station for some training. Meantime the IO visited my house at 11pm threatened my father to come to a compromise. When he came to know i was out of station, he asked my father to produce me at the earliest or else he would do kurti zabti of all our property. When i returned the IO told me to come to a compromise and called me for bail. No papers of bail was given to me. My bailer just wrote on a white sheet that if i wl not be present at any time, my bailer will pay a fine of rs.10,000. On that day the IO told me that my case was reduced to 504, 506, 34 n 323. He even said that my sister's husband has no case on his name as he was not present that day. After that the IO keeps coming to my house and forcing us for compromise. The IO actually belongs to my wife's native town and has some link with them. Thus making him extremely bias towards them. My sister n i want to break our marriage, as all of us have gone through severe mental trauma and harassment publically. I seek your advice in few things. 1. I want to go outside and work as i was working. Can i go out or do i need any permission as no documents for bail was given to me. 2. Can IO do kurti zabti? And how fast can he do? 3. What maintainence charges do i need to give to my wife if i divorce her.?? And will my sister get any maintainence if she ask for divorce from her husband?. We are a simple muslim family and have gone through deep pain n insult please help me.


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 3 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     01 July 2015

Originally posted by : Irshad Khan
My bailer just wrote on a white sheet that if i wl not be present at any time, my bailer will pay a fine of rs.10,000. On that day the IO told me that my case was reduced to 504, 506, 34 n 323.

 

These IPCs are non-cognizable and bailable offence hence there is no value of the white sheet of the said bailer. This document (White Sheet) is not a valid evidence as per Indian Evidence Act. There is no law in India which can enforce you to cohabite with your wife against your will hence the IO can't force you. He is violating your fundamental rights as per Indian Constitution. Writ Mandamus is advisable in-person (Without Advocate). One prayer should be quashing, if not granted then 2nd prayer should be speedy trial in the same petition. Also you can pray for the cost, and disciplinary action if you can prove that the IO is biased and incurred you in false case based on concocted stories of your wife without any valid evidence as per Indian Evidence Act in the same petition. I reiterate file it in-person (Without Advocate) or make any friend/relative whom you trust as your council.

 

Also don’t disclose your income detail in maintenance case. Always file a strong WS. Show that you are jobless or you have very low income less than 5000 per month. Do your job without disclosing anyone.

 

If she file divorce then it is good for you. File no objection then.

 

Please read each of my posts carefully in the following links for sample petitions and other necessary clues.

 

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

Balakrishnarao (SQA)     02 July 2015

My sister raised a complaint 498 in police station at madhapur.SHO called for councelling.During councellig boys side agreedthat they will come in a week and settle matter mutually,but after a week they didnot come.In between boys side went for anticipatory bail.In this situation please suggest how my sister should proceed?

Irshad Khan   02 July 2015

IPC 498 and 307 are non bailable but IO told us that he had reduced the case for both parties and now both parties can take bail from police station.According to IO we have case under these ipc 504,506,34 and 323.Does it mean that the bail we had given from police station is just for misguiding us.From 1 year I am jobless as I was working in saudi.Now I want to go to Saudi for job , can IO harass my family in my absence and try to do kurki zabti. Plz tell me how should I protect me and my family from this.

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