Held up in false mc & 498a


 

Dear Experts,

I am an ill-fated Husband who got married in 2010 and my wife hardly lived with me for 25 days, left me and filed Maintenance 125crpc and then filed a private case in court as 498A and some other cases against me and all my family members.  By the grace of GOD, we could able to get Anticipatory Bail and we were saved with out any arrest.  I have waited along time that she and her father, mother know their mistake and they will send her back to me but nothing like happened.  Rather they are still planning to harm me and my family members.  I want to teach a lesson to that family.  My FIL is a Railway officer and is very much corrupted.  He has amassed a large amount of properties on his name and his family member’s names.  With these details and the case papers where they have told the court that they have given me 20L dowry and other gold gifts etc which total may cost upto 30L, I have filed up a "Tax Evasion Petition" on Jan5th 2012.  I have asked in that petition that if they can find out where the FIL got that much amount to give me dowry, and if he confirm that he hasn't gave any such dowry to me, i though of getting that copy and file the same in my cases so that I can get rid of these false cases.  But no officials from Income tax have come back to me with any info.  Can any one guide me how and whom i need to approach so get my Petition taken up and do enquiry and departmental IT proceedings against my Father in Law so that I can get the required info that they have not given any dowry or gold gifts to me.  Can I directly file a writ petition in HC to direct Director (Inv) to do investigation into my petition and give me the details I require?  Plz suggest 

 

Also, I have prepared an application to file an RTIA but my lawyer is not allowing me to do so.  He is telling that we will directly file writ in HC, but that also he is not doing.  Actually I have very solid proofs against him.  His daughter (my wife) her self, in MC case cross examination, she her self told infront of Judge that her father is the only source of income and they are 4 children studying MBA/M.Tech / B.Tech in different places.  She also told that her father’s salary as on date is only 40K/month.  But they are having assets worth of more that 2crores as on date market value and i have almost all their property documents and details.  The same I have submitted in TEP with all cross examination papers and case papers them and I have filed.  I don’t know what my lawyer wants to do in my cases.  In the MC cross examination my wife has told Judge she that she departed from me on the very first day of my marriage.  But she filed 498a.  With the help of this cross examination papers I and all our family members got AB.  In the 498a charge sheet there was no matter against my sis, bro, father and mother and still my lawyer could not able to go for squash petition.  I am having all opportunities to prove myself and my family innocent but nothing is being materialized. 

Sir, can u plz tell me how i can make IT dept to start investigation on my complaint and is there any way that i can give complaint against my FIL (He is working in Railways as Gaz officer), where they can investigate and take action against him and also cease all their illegal properties.  Plz suggest different options as i need to work on them as he is manipulating all these things/details which i am asking his dept and more over he is going to retire next year. 

 

 
Reply   
 
Fighter

Welcome to harassed husband club :-)

 

Try getting FIL's salary by means of RTI and followup with TEP which you filed.

 

I read somewhere that govt officers have to declare if they have given any dowry in the marriage. ( probably i am not able to re-collect exact sentence).. Even RTI for this would be very much helpful.

 


Total likes : 1 times

 
Reply   
 



you can go to get the information regarding FIL salary through filing RTI to concerned office or you can try searching internet for more info.

Second,every govt employe has to file a dowry declaration form.You can file an RTI to his office or concerned PIO but i have experinced in LIC posts that most of the time it is difficult to obtain that doc.

But still give a try.

Best of luck


Total likes : 1 times

 
Reply   
 

Thnk you every one for your valuable advices.  I have already filed RTIA to his dept and got the details of salary.  I need to file abt dowry and hope i will get the details for that also.  Is there any other option how i can make IT dept to start doing investigation on my TEP, because i have read some where in blogs that one of our harassed husband has filed TEP and his FIL has given in written to IT dept that he has not given any such dowry, which he got the copy of same and file in the court.  Lucky guy!!!

 
Reply   
 
Executive

My Deaf Friend,

Your lawyer won't help you for early completion of the case. To be frank Police and Advocates are the BROKERS. for eg. you can give fee up to 1L (say n approx) but if your lawyer and your wife's lawer both of them internally combines and ask you to settle the case out of court by paying huge Money to your wife, then both the layers can get upto 40 % of the money paid by you.

But don't worry Supreme Court is the Final and definetly you can get justice there. 

If am not wrong your advocate won't present the strong evidences also for the local or district court. IPC498A has diferrent definiton which the local laywers don't obey the H'ble Supreme Court directions. I have collected a plenty of supreme court judgements reg MC and 498A. if you can give full details of your case to my mail id gopalkrishna@live.in I shall forward some of the supreme court judgement copies which are similar to your case.

Best of Luck, Don't Worry,

Join Hands to build a Future India which is like JAPAN but not like an AMERICA.

Gopal Krishna.

Visakhapatnam.

gopalkrishna@live.in

 


Total likes : 2 times

 
Reply   
 

Dear Gopal garu,

 

Thank you very much for the info.  Definately i will drop you mail with all details shortly.  Thnks

 
Reply   
 
Legal Evangelist - TRIPAKSHA

There is no point of filing Writ at this time,

 

You should follow rigorously about the TEP by filing RTI for getting Action Taken Report.

 

TEP is a slow process, so be patient.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


Total likes : 4 times

 
Reply   
 
Learning to share

TEP should funish within 3 months, Here i am attaching CIC Decision on it. Please Use it in filing Appeal



Attached File : 294301677 tep investigation should not go into infinitum citation - 2.pdf downloaded 114 times

Total likes : 1 times

 
Reply   
 
Legal Evangelist - TRIPAKSHA

Wow,

 

But as per IT Act, a sufficient time has to be provided for filing returns in case the person is not an Income Tax Payee..

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


Total likes : 1 times

 
Reply   
 

Hi, Thank you very much.  The information is very useful and i think my case is almost same as they filed they gave me 20L+.  Thnks alot

 
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