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Satyamev (IT Manager)     23 August 2014

Fighting false dowry cases.

1. Boy Party that is me from Noida , Uttar Pradesh and the Girl Party is from Roorkee , Uttrakhand.

2.Before Marriage my parents did a Notarized agreement with the girl party that we are not taking Dowry and expenses of from the parties is being done voluntarily, truth is we did not demand or take dowry at all.

3. Marriage happend on 20th April 2014 and Reception on 22nd April 2014.

4. She was not well post reception , so took her to Doctor and found that she is suffering from a respiratory disease which she did not disclose before marriage which I did not fight over it at all.

5.Took her abroad for Honeymoon to Thailand for 6 Days on 28th April 2014 , where the Marriage got consummated before that it did not as she was not in good health.

Clicked lot many pics in which she is looking very happy , all food bills , shopping bills , entire trip cost was on my cost only.

6. Returned to India on 3rd May 14 , & on 4th May I took her to Doctor again as she developed serious skin trouble , medical prescripttion and all the orignial bills are with me on both the Doctor visits.

7.On 5th May she said she wants to meet her parents on which I readily agreed , left for home on 6th May 2014 , taking all the Jewellery we gifted her in the Wedding along with the other Jewellery which my Mom had as she wanted to wear it in a Wedding in a friends Wedding in Dehradun , Uttrakhand.

8. On 6th May when she left " she left a note behind as I was in office that time in which she wrote that I am the best husband in the world and I took great care of her" and thanks for the lovely honeymoon and she did not feel at all that she is new in my home"

9. We spoke nicely and coordially for next 2 days when she reached her home town Roorkee , Uttrakhand.

10. After 2 days she picked up fights with me that the way I got a Dowry less Marriage Agreement done , same way I should include her name in my parental property and give her my half month salary for her security and needs.

11. I simply refused and said I cant talk to my parents on such terms and her name cant be included in the property which agitated her in extreme but to resolve the fight I agreed to give her my half month salary.

12. She became normal for a while but she picked up fight again saying why I did not have Sex with her everyday when she was with me for 15 days out of which I spent 12-13 nights together on which I said that I am new to this marriage and we have spent only limited time together , out of which she was facing health issues and such things and frequency takes time and bonding to develop and being a girl how can she be doing such kind of talks. I am not impotent and I sent her my potency test reports which provoked her further.

13. I became suspicious and I decided to record her calls , which I did . On 10th May when we were fighting , she said she that she wants to have s*x everyday and picked up the Dowry Less Marriage Agreement Topic again on which I asked have you given dowry on which she said " No we did not and that is why we gave in writing" but if you wanted Dowry then why did you not ask for it , you should have asked in a very rude way". On which I said we only took that in writing which we did not take at all " and if this has hurt to you so much then I am sorry for it " . 

I have a recorded conversation in which the girl gives a clean chit to me on the Dowry Subject.

13. She spoke nicely after that for few days and I recorded all the calls , I sent her mother flowers on mothers day and she called me back saying thank you and I am a great son in law. That call is also recorded.

14. Post few calls which I also recorded , in that she said that my parents treat her very well and she also respects them a lot . In the same conversation I asked her that have I ever ill treated her or beaten or abused her , she said no you have not done anything like that but I am free to do that as well if I want. Then she will tell me. She gave me clean chit that my parents did not ill treat her , I did not beat her or did domestic violence with her. 

This recorded conversation gives me and my parents clean chit on Domestic Violence .

15. She stopped talking , her parents visited our home and fought saying why they cant include their daughters name in their property on which my parents behaved softly and said that everything is of the boy and is girl is completely secure , they also insulted my manhood that why your boy did not have s*x with our daughter everyday is your son impotent on which my parents retaliated.

16. I met them and explained that your daughter had health issues and I could have infected myself, more over I am physically normal and I have shared my potency reports with your daughter. The kind of intimacy she wants she needs to develop that bonding and comfort factor with me and that cannot happen if your daughter keeps fighting for property , salary and over Dowry less marriage agreement. This reply did not go with them at all. This happend on 19th and 20th May.

17. I tried calling the girl and her parents several times and tried knowing how can we resolve the differences amicably to which they did not reply.

18. Girl went to the Woman Helpline which comes under the Police and filed a complaint against me , my parents and my cousin sister who lives 20 miles away.

Complaint contents at the Women Helpline : 

Gave Dowry , asking more Dowry , humiliated her and her father when he came to pick her up on 6th May and threw her out of the house in one piece of cloth.

Demanded 21 lakhs and a big car over which my cousin and my parents had beaten her up her father.Did domestic violence with her. All this has been written in a exaggerated way .

In real : This never ever happend. My cousin sister was away for her Delhi University Examination on that particular day and I away to office and she left a note behind claiming I am the best husband in the world.

I told all these things in the Woman cell, showed her medical bills and prescripttion , showed the Dowry less Agreement and my sister's Admit Card.

On which the girl said that we took this agreement by blackmailing them that we will break this marriage.

She wrote a note on the day of leaving as her life was under threat and I pressurized her to write that note else I will kill her.

All false, all lies. Woman Cell officer understood that the girl and her parents are lying . completely. She told me seperately and said I know the girl and her family is lying and you have proofs and evidences to counter all her allegations but you need to meet the Senior Supritendent of the Police and explain this to him as the report which I will make will go through him only. 

19. I met the SSP , he said I know you and your family is innocent but still we cant give you clean chit on the basis of the Woman helpline report on the basis of which the FIR will be made and chargesheeted.

I asked why , I cant be given clean chit if I am really innocent. He said , we are helpless and law of the country is like that as Woman misuse the law and as per the Supreme Court Guidelines we have to listen to the Woman. If we give you clean chit she can file CrPC 161 over the Police.

20. Woman Helpline Report came , in which it was written my parents and sister have no role and they are completely innocent and the fights existed between only between the Girl and the Boy on basis of which the FIR should be registered and the investigation done.

It was not written in the Woman helpline report that it seems I am guilty or I demanded Dowry , nothing like that.

21. So on the basis of the Woman Helpline Report , the information was put in the case diary and the FIR was made only against me on 2nd Aug 14 .

22. After 4 days , I received a call from the Investigating Officer and he said that on the basis of the Woman Helpline Report only your name was there in the FIR , but your Father In Law had a long discussion with the our SHO and he was bribed heavily after which the SHO pressurized me to include you entire family and sisters name as well in the FIR which I had to do as I was helpless and they are giving the investigation to an another Investigating Officer who will do it as per the Girl's fathers desire.

I have the entire conversation recorded of the Sub Inspector who told me all this.

23. Very next day , I received a Caveat from the Uttrakhand High Court Nainital in which my entire family is proposed Writ Petioners and they are opposers.

24. Fortunately the investigating officer was on leave. I hired a 

25. local lawyer on Nainital High Court and got Arresting stay order for my family members on 16th August 2014 on the condition that me and my family will appear before the Mediation Cell of the Nainital High Court on 28th August 14  for an Amicable settlement to which my Lawyer agreed .Stay order says my family will not be arrested during interrogation and investigation and it is valid till next listing.

26. Then my writ petition was filed a week later which was opposed strongly by the girl's lawyer but I got provisional stay order similar to the recent stay order which Anish Kumar  receieved from Supreme Court of India. I did not get that regular Arrest stay which my family received , but my lawyer says that no Policemen will dare to touch you even if you have this Arrest Stay as they need to really justify their actions.

26. Sections that include in the FIR 323 , 504 , 506 , 498 A IPC , 3/4 Dahej Adi

27. In the mean my lawyer told me to cooperate with the investigating agency and try my best to get a clean chit as I have all the evidences to prove myself innocent but I did not hand over the proofs to my lawyer as I did nott have confidence over him.

28.He also said the Charge sheet which will be filed will go to the Local Roorkee Court and there is no way I can get Bail from there as they don't give Bail to the Boy in any circumstances and you will have to go to Jail and the girl party will try there best to break the Mediation and then the court can Prosecute you which I don't know if its true.

29.Workaround  the Local High Court lawyer which he has offered me is : Give me 4 lakhs I will get the investigation transfferd to another city in the same state and will get you bail from there.

I know my lawyer is looting me as well as he looks very crooked but I got stuck to him in an emergency for only taking stay order.

I don't agree with this solution.

I don't know what will happen in the Mediation cell of the High Court as the girl will try her best to break the mediation. 

I am willing to take her back provided she gives a confession that she filed a false complaint  and give an undertaking that she will not misuse the law again .

I filed Section 9 In Noida and she filed Section 24 in return in my city Noida to it for and I got both the cases joined giving an application for which hearing will take place together. It has not yet started , first hearing is next month. I am using a Local lawyer in Noida.

I have recordings , her notes, bills , medical reports , everything to prove myself innocent without doubt but I need to remain free to face a fair trial and show the evidences. 

I will attack her later , but first I need to have a strong strategy to defend myself.

 

Please give me how to deal with this mess.

Regards,

Satyamev

 

Please help me .



Learning

 2 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     23 August 2014

Please file RTI by asking that whether the concern police officer have collected and evidences like any bank transactions, bills that dowry has been given or taken ?

 

2.Before Marriage my parents did a Notarized agreement with the girl party that we are not taking Dowry and expenses of from the parties is being done voluntarily, truth is we did not demand or take dowry at all.

 

Please see Section 123 of Indian Evidence Act 1872.


Evidence as to affairs of State.


123. Evidence as to affairs of State.-No one shall be permitted
to give any evidence derived from unpublished official records
relating to any affairs of State, except with the permission of the
officer at the head of the department concerned, who shall give or
withhold such permission as he thinks fit.

 

 

 

  Since, the said affidavit has been notarized, it is a valid evidence as per above section and you can file perjury and IPC 190 read with 193 IPC for giveing false and fabricated evidence as a counter case. This offence is punishable for 7 years (IPC 193) imprisonment.

 

Please apply of Speedy Trial on Top priority. Always remember that the burden to prove her allegation lies on her.

 

Please follow my each posts carefully in the following links 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

Sudhir Kumar, Advocate (Advocate)     16 November 2014

Please list how many threads you have opened on the issue


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