hafijur (engineer) 22 August 2014

False 498a filed by wife

My wife had filed a false 498a on me and my family. My wife is from Andhra pradesh and after marriage me and my wife stayed in bangalore..in last 1 year i never visited her place in andhra.. As i am from Northeast, i was at my native place for last 3 months before my wife filed false 498a on me and my family..my parents didnt even came to bangalore for last 1 year but they were also put in the case.. As per muslim laws marriage was held in guntur andhra pradesh.. no lists were exchanged as no dowry was given... but in FIR she filed that her father had given 10 lakhs cash and 5 lakhs jewellery.. when i filed RTI, the S.I told that case is under investigation, but how can she arrest us without investigation, when i was not present in their jurisdiction..? police came in an AC INNOVA car boooked by my wifes father, to bangalore and took us to guntur..but in remand copy SUB INSPECTOR stated that we were arrested in guntur.. so how can she keep us in illegal custody for 24 hours.. thats the travelling time to guntur in that car..

But being a government college principal can a government official admit to giving dowry??

can i file a counter case on him for stating in a government record(FIR) that he has admitted to giving dowry and hence file FIR on him and his daughter..??

As per 26as income tax form he has not filed any income tax for last 3 years..and our marriage was held 2 years back in 2012.. how can he state to giving 15 lakhs dowry in total..??

how can i file a case on his department to get him dismissed from his goverment job..??

if i go to media and publish about his dowry case, will it backfire on me, as i have all the evidences i need to fight the case? also its a love marriage..so no dowry was given or taken..

plz some one help me in solving my case.. i need to show this egoistic person what happens when false 498a is filed..

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3 Replies

Tajobsindia (Senior Partner ) 22 August 2014

1. Remand papers can be challenged. It is Human Rights Violation and some years back I put in the Forum a similar case of remand where husband won compensation from Police.

2. Skim through Service Rules of the Department your FIL is employed under and it clearly states dowry giving/receiving by Govt. servant is crime. He can be prosecuted departmentally if proper strategy is chalked out in assistance from local Men’s Rights NGO ; Save Indian Family (Hyderabad chapter) search for their contact info. from net and proceed accordingly.

3. Unless Income Tax Notice cometh to your FIL you cannot force him to file his returns. However, you can demand source of income from Income Tax department as well as from his Department under RTI and may proceed on TEP (tax evasion) proceedings. You should have enough knowledge of the strategy to do so.

4. Approaching Media without media strategy is not advised so soon. Group up with local Men’s Rights NGO as earlier advised and at appropriate program present your facts in third persons way to make it effective for public awareness and indirectly put pressure on their allegations.

5. BTW, even in love marriage ‘stridhan’ is given/taken.

6. Case may get solved on its own steam and you need to have patience and good understanding of counter cases and listening Men’s Rights NGO victims stories in similar situations to build immunity and strategies.

7. Also suggested to read last 500 discussions in Criminal Law Forum on S. 498a IPC – S. 406 IPC to build knowledge base on how to fight such criminal cases and without which you are simply wasting your steam out here in youthful ignorance .

[Last reply]

T. Kalaiselvan, Advocate (Advocate) 26 August 2014

Question repeated,you can visit your previous thread for knowing more opinions to your query.

hafijur (engineer) 26 August 2014

Originally posted by : Tajobsindia
	1. Remand papers can be challenged. It is Human Rights Violation and some years back I put in the Forum a similar case of remand where husband won compensation from Police. 2. Skim through Service Rules of the Department your FIL is employed under and it clearly states dowry giving/receiving by Govt. servant is crime. He can be prosecuted departmentally if proper strategy is chalked out in assistance from local Men’s Rights NGO ; Save Indian Family (Hyderabad chapter) search for their contact info. from net and proceed accordingly. 3. Unless Income Tax Notice cometh to your FIL you cannot force him to file his returns. However, you can demand source of income from Income Tax department as well as from his Department under RTI and may proceed on TEP (tax evasion) proceedings. You should have enough knowledge of the strategy to do so. 4. Approaching Media without media strategy is not advised so soon. Group up with local Men’s Rights NGO as earlier advised and at appropriate program present your facts in third persons way to make it effective for public awareness and indirectly put pressure on their allegations. 5. BTW, even in love marriage ‘stridhan’ is given/taken. 6. Case may get solved on its own steam and you need to have patience and good understanding of counter cases and listening Men’s Rights NGO victims stories in similar situations to build immunity and strategies. 7. Also suggested to read last 500 discussions in Criminal Law Forum on S. 498a IPC – S. 406 IPC to build knowledge base on how to fight such criminal cases and without which you are simply wasting your steam out here in youthful ignorance . [Last reply]

thanks for supporting me in my fight against the misuse of 498a... it has been more than 4 months now since i got bail.. i searched and read and took down many judgements and notes regarding 498a misuse and to fight against it.. main problem for me is, i dont know telegu and all people in guntur, andhra pradesh speak telegu.. secondly, my wifes father is a government college principal there and he knows many bigwigs and even the superintendant of police, with whose orders the police came to bangalore.. even in front of us only sub inspector was talking about the bribe given by my father outlaw.. he had given them some 30-40 thousand to arrest us from bangalore..whichever lawyer i take, he bribes them and they withdraw from taking the case.. last month i took a lawyer, who applied for the certified FIR copies, remand copy etc.. but till now after 45 days over, nothing has been informed to us..if i ask my lawyer about the copies, he said that there is only one xerox maching in the court so its taking time..

now coming on the case, i have enough evidences with me to prove it false..

no dowry was given or taken and in FIR my wife said that 10 lakhs money given and 5 lakhs jewellery given.. if dowry was given then where is the proof?? if they provide false evidences, i will ask the court to verify it genuiness.. secondly, as per muslim laws no lists were exchanged..again my wife had said in FIR that after marriage she was happy with me only for one month and after that i use to torture..also said that in last october my mother was present in bangalore and harassed her for dowry in my home in bangalore.. she also said that i harassed her for more 5lakhs dowry..but the truth is we were very much happy with each other before 20 days of filing the FIR..i have proof of our anniversary photographs in himachal pradesh..and also some private photographs i had taken of her with me while sleeping..also the other photographs with dates of every month when we both use to go out for vacations in different places.. most importantly i have the cctv footages of our shopping and movie tickets in malls.. INOX and PVR multiplexes has cctv footages of us, and every week we use to watch movies..she use to hold my hand and go..so how can she prove that she was happy with me for only one month..? even i have the recent romantic messages which she send to me.. i know its her father who prepared the false FIR with the help of a uneducated lawyer and bribed to file the case.. for jurisdictional purpose, she stated in the FIR that i was present in guntur in their home on 3rd march and 6 th march 2014 and was asking them dowry..but the fact is their lawyer didnt knew that the place i work has CCTV cameras..i have cctv footages that i was present in bangalore..and from bangalore to guntur it takes a minimum of 9 hours journey which i cannot travel in 4 hours even if they try to prove that i was present at 10 pm in guntur coz i come home at 6or 7 pm.. no flights also to guntur..no trains also at that time..moreover i had cctv footages of transacting in ATM at around 7:30pm on 6th..so no options for them to prove i was present in their jurisdiction.. furthermore police can look at my tower locations on those particular dates and time where i was present..and my mother didnt came to bangalore from last 1 year as she cant walk properly becoz of diabetes naturopathy disease...she has medical documents of being in hospital for last 8 months in my native in northeast...my dad never visited after marriage coz he is in police and has no time.. my sister was in mumbai when i was arrested so police cudnt arrest her..and she and my dad didnt took bail coz they dont stay in bangalore...and the police while taking us to guntur took us to local police station but didnt signed anything in police registers, but instead gave some money to the local police and took us..so i am planning to give the case to human rights as on the way my mother was admitted in tirapati general hospital becoz of her slip disc problem..the hospital has the records or court can give an enquiry order to get the tower locations of us present on the hospital that time.. even i have got the cctv footages of the the police taking us to guntur from the toll gates on the way to andhra pradesh... they came in civil dress.. harassed my mother, slapped her.. so after i finish my case i will file a damage case on the police department for keeping illegible IPS officer( for giving arrest order without enquiry just bcoz he is friend to my father outlaw)and sub inspector for handling the case misapproprietly without folowing the supreme court guidelines and DGP circulars and even high court guidelines in 498a case.. my question is how can i file a case against the judge for sending us to remand withpout asking any question to us nor seeing my mothers condition, that too for 3 days..?? plz help...if more inputs required i may give..