How to prove dowry harassment

housewife

My husband and my in-laws have been harassing me for dowry as they that it is a normal practice for everyone to give and take dowry and that whatever my father had given was absolutely nothing. According to my father-in-law, my husband was only harassing me becasue he was in desperate need of money and that it was not fair that I was not co-operating with him. The fact that I refuse to go to my parents and bring him the money shows that I do not love my husband and that supposedly is hurting my husband a lot and hence he was resorting to verbal physical and emotional abuse.

II filed a 498A and DV case against him and my parents-in-law. But, the question for me now is,

1. How can I prove that my in-laws beat me black and blue like an animal. its been 6 months since filed the case and the scars are long gone now.

2. how can I prove that they did abuse me and my parents in highly unparliamentary language.

3. how can I prove that they did demand me for money.

4. How can I prove that they did harass me mentally and emotionally.

My brother-in-law and unmarried sister-in-law who used to live with us are an eye witness to everything but I doubt if they will speak-up against their parents and elder brother in the court.

My lawyer says my parents and my immediate relatives cannot give a witness.

my neighbours do not want to get into this court kacheri chakkar.

My lawyer is suggesting me to heed to his demands and withdraw the cases and agree to sign for mutual consent divorce.

Do I really have no other option?


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Lawyer

The first question is that what you intend to gain by filing 498A - the answer that you think of will give you the solution.

- Your statements and your parents witness would be accepted by court but your lawyer statement would mean that may be this is not enough to get them prosecuted as a person cannot be jailed if there are no proper grounds.

- The scars and other evidences of beating should have been evidenced by way of medical that should have been done when the incident of physical violence happened.

- This takes too long for 498A to be finally decided by court it may take 6-7 years if you want to punish your husband then keep on fighting you dont need a lawyer.

-  So unless you know what you want out of it till then you cant think of a solution.


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The first question is , what do you want to do ?

Before filing the cases , you people could have thought a bit , and sorted out your differences, it could have been better.

the reality is people file cases with false allegiations and cooked up story, some greedy people who will be benifited, than you self and u r so called husband, now when the cases have been filed the relation ship cannot get alon any more. atleast now take some wise decision.

Regards

Satish

 
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Managing Partner

 

Filing 498A is easy but proving the allegations in the court is very difficult...the burden of proof lies with the prosecution..ie you have to prove your allegations and in every case..every allegation has to be proved beyond reasonable doubt...otherwise your husband is a free man...and also remember..an accused is a free man..unless he is proven guilty by a court of law..


For your understanding..

Section 498a reads as follows:

 

Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be pun­ished with imprisonment for a term which may extend to three years and shall also be liable to fine.

 

Explanation

 

For the purpose of this section, “cruelty” means—

 

(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or

 

(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.

 

 

1. How can I prove that my in-laws beat me black and blue like an animal. its been 6 months since filed the case and the scars are long gone now.

 

 

Your inlaws have beaten you black and blue..did you go to the doctor immediately (any delay in going to the doctor will not be considered)after the beating? Do you have photographs of the injury marks? Did you talk about it to anyone regarding the beating..by a letter or an email..can you produce that in the court?


How many time did he beat you up? was it once, twice thrice...where, when ?


Even if you have gone to a doctor..god knows who beat you up - it could be your boyfriend..and u are blaming it on your husband...


Do you remember the date, time and place where your husband beat you up?

Has anyone seen your husband beat you up..even if someone says that...he will be grilled by your husbands lawyer..thoroughly...

 

 

2. how can I prove that they did abuse me and my parents in highly unparliamentary language.

 

using unparlamentary language does not call for IPC 498A (Please read IPC 498A above)

 

 

 

3. how can I prove that they did demand me for money.

 

Demand of dowry and subsequent harassment of the wife does call for 498A, but proving it requires much more...Do you have letters, emails, telephone conversations, any record of the communication you had regarding the demand with your parents, siblings, friends..has any one heard that your inlaws have asked you for any money..are they ready to say the same in the court and face cross questioning..


(remember any lie or contradicting statements can bring much more misfortune...you can be booked u.s 340 CrPC for lying under oath..which has much higher punishment..7 years)

 


 

4. How can I prove that they did harass me mentally and emotionally.

 

Simply by saying that they harassed me mentally emotionally will not solve the purpose..you have to state how have you been harassed mentally emotionally...and not only state,  prove it beyond reasonable doubt


My brother-in-law and unmarried sister-in-law who used to live with us are an eye witness to everything but I doubt if they will speak-up against their parents and elder brother in the court.

 

Forget about it..will you stand against your parents..you may personally go against your parents..fight with them at home..but will not go against them in the court..

 

 

My lawyer says my parents and my immediate relatives cannot give a witness.

 

They can be witnesses...but they will all be cross questioning..they might say anything they want..but were they eye witnesses..have you written them letters, emails, telephone calls, sms..what do you have with you..?

 

 

my neighbours do not want to get into this court kacheri chakkar.

 

No one comes...forget about neighbors..

 


My lawyer is suggesting me to heed to his demands and withdraw the cases and agree to sign for mutual consent divorce.

 

Your lawyer is a wise man (surprisingly)..you can file 482 in the HC for quashing the complaint..and go for mutual settlement..


You have already filed DV for maintenance..


Remember...if you do not settle the matter amicably..you will be at a loss...the case will take 6-7 years...he will file cases against you..you are stuck..(i dont know how old are you)...imagine yourself at 38-40 yrs old..who will marry you..your hair will turn grey...how will you manage the situation then...


Manage the situation now..before it is too..late..

 

 

 

Vikram


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Vikram,
I Like your approch. Wives really dont think about filing DV or 498a or Any other cases. Thinking they can lie and easily walk away besides waisting time, they rely on parents.. who will not be available when Hair Starts getting Grey..


Best Option for Author here
To Settle the matter Amicably , because it is very difficult to proove and time consuming process. She may end up with maintenance. But yes it is again time factor, which she will be undergoing years of years pressure and Even Slightest Mistake can attract other provisons in Law.


 
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498a Fighter

Vikram Sir,nothing left I think

 
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@Dear dowry victim

Perfect answer given by Vikram.

After all it can be said only after going through the charge sheet, complaint and the statement of wittnesses,evidence.Wife and all her witnesses shall have to face cross-examination and truth shall definitely come out then. Trial magistrate has to see each and every relevant factor into consideration and generally accused should not bring any witness in his defence evidence. It all depends upon evidence of the prosecution.

Also read this thread;http://www.lawyersclubindia.com/forum/Re-Dummies-guide-How-to-file-S-498a-IPC-the-better-way--23055.asp#109581


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LAW STUDENT

@Kushan, ShuV ShIvRatri..


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LAW STUDENT

Originally posted by :dowry victim
"


My husband and my in-laws have been harassing me for dowry as they that it is a normal practice for everyone to give and take dowry and that whatever my father had given was absolutely nothing. According to my father-in-law, my husband was only harassing me becasue he was in desperate need of money and that it was not fair that I was not co-operating with him. The fact that I refuse to go to my parents and bring him the money shows that I do not love my husband and that supposedly is hurting my husband a lot and hence he was resorting to verbal physical and emotional abuse.

II filed a 498A and DV case against him and my parents-in-law. But, the question for me now is,

1. How can I prove that my in-laws beat me black and blue like an animal. its been 6 months since filed the case and the scars are long gone now.

Follow Vikram

2. how can I prove that they did abuse me and my parents in highly unparliamentary language.

your statement in Dv case is enough.

3. how can I prove that they did demand me for money.

Reply to que no.2 applicable.

4. How can I prove that they did harass me mentally and emotionally.

You can not in 498A, but in DV you can.

My brother-in-law and unmarried sister-in-law who used to live with us are an eye witness to everything but I doubt if they will speak-up against their parents and elder brother in the court.

Forget them because no one is above BLOOD.

My lawyer says my parents and my immediate relatives cannot give a witness.

WrONG

my neighbours do not want to get into this court kacheri chakkar.

of couse! 

My lawyer is suggesting me to heed to his demands and withdraw the cases and agree to sign for mutual consent divorce.

Do I really have no other option?

In DV you can get enough remedy.Hire a good lawyer.

"

originally posted by Vikram,

 

Remember...if you do not settle the matter amicably..you will be at a loss...the case will take 6-7 years...he will file cases against you..you are stuck..(i dont know how old are you)...imagine yourself at 38-40 yrs old..who will marry you..your hair will turn grey...how will you manage the situation then...

 

Ignore such kind of ADVICe because this is a THREATNING in a different form.However amicable settlement is always good.But I have seen many victim coming to settlemnt under pressure of her own lawyer who is bribed by the opposite party though they should not do so as per the rules and ethics of the proffession.

Now be firm in WHAT YOU WANT DURING SETTLEMENT.Don't blindly Follow your Advocate in mediation/settlemnt process.


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Managing Partner

"generally accused should not bring any witness in his defence evidence"


The accused has all the right to bring whoever he wishes to for evidence...if the witnesses are able to negate the statements given by the prosecution witnesses and prove them wrong and prove them that they have lied..


The accused can file an application u.s 311 of the CrpC and call upon any person directly/indirectly related to the case..


CrPC 311: Any court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person its a witness, or examine any person in attendance, though not summoned as a witness, or recall and re-examine any person already examined; and the court shall summon and examine or recall and re-examine any such person if his evidence appears to it to be essential to the just decision of the case.

 

For Ex - I can call upon a friend of the wife who may not be a prosecution witness...and cross examin her...may be some points will come up..

 

Always remember..the job of the accused is very simple..his job just to raise a small doubt..whatever it is..and leave to the the prosecution..job done..the Majistrate will be constrained to pass any order with the slightest doubt...

 

It is always very very difficult for the prosecution to prove a case beyond reasonable doubt..

 

Vikram



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