Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


(Guest)

My wife, in-laws settled abroad but filed 498a in india

Hi All,

My wife and her family are Canadian citizens. But height of misusing law 498a is that that my father in law filed and jailed my parents in INDIA under 498a case just because his brother in law is DIG. It is height of playing with Indian constitution. My questions are:

1. How can you arrest any one without inquiry under 498a.

2. How could girls father can file complain of 498a when her daughter is settled abroad and staying there and I am in USA and my parents are in India.

3. My father in law filed a complain of dowry and beating the bride etc by me and my parents. How could this be possible when my parents are in INDIA and I am in USA and my wife is doing job in Canada staying with her parents.

4. My father in law is demanding 1.5 crores where as nothing was given to us nor we demanded at all.

5. My sister who is studying. Her name is also given in this complaint. What will happen to her career.

My family is in jail from past 3 days. Would like to know what is this going there in India with this rule.

It is really painful to see this happening to me when I am the person who always respected girls. But what to say when girl to whom you are married is treating you like a slave. Speaking harsh words and sometimes getting so angry that she bit on my arm and took away skin from it.



Learning

 20 Replies

Piyush kabra (Admin)     26 May 2014

Yaar...You are really in difficult period in your life....when if I am at your place I will kill either myself or all of wife's family...you may do one thing...write a application with all of your disputes & fax it to your state IG, DG, & CM...also to PMO Office & Home ministry because ab hame ye kanoon hi badalne ki jarurat h....!!

Dr J C Vashista (Advocate)     26 May 2014

Move an application u/s 200 r/w Section 156 against the DIG/complainant.

Also inform the Home Minister, Chief Secretary and vigilance department.

K.K.Ganguly (Advocate)     26 May 2014

1. First of all file an application for Bail of your family members,

 

2. Contest the 498A application fittingly. Please note that 98% of 498A application gets rejected after hearing,

 

3. Meantime, file a petition  before the High Court u/s482 of Cr.P.C. for quashing the FIR,

 

4. Finally file a defamation  case against your wife and father in law and also a case for filing false complaint against all of you. 

1 Like

Gautam Kapoor (IT professional Studying Law)     26 May 2014

This gentleman called Mr.Ganguly always provides apt steps of resolution.Thanks Sir. First step -get bail for your parents since they are already arrested. 2)Try on the modalities of getting the FIR quashed,if not you ,your parents will surely get relief.Check the jurisdication of the alleged crime as well. 3)Get AB for yourself. 4)In my opinion the canadian citizens will not attend the proceedings...if you bear the initial harassment and stand firm the case could be quashed on your self as well for them not attending the proceedings.

Adv k . mahesh (advocate)     26 May 2014

after planning they made such complaint to make your family in jail 

after getting bail and if the case is being quashed its okay or the case will run till it is proved and dismissed or first file to remove your sister name who is unnecessarily included in this case 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1 Like

Sudhir Kumar, Advocate (Advocate)     26 May 2014

if you feel that his DIG brother is helping him and you have proof as well then write to CVC against his conduct.

 

Sudhir Kumar, Advocate (Advocate)     26 May 2014

but first get bail for all accused.       

Sudhir Kumar, Advocate (Advocate)     26 May 2014

@ Piyush kabra

 

you said

"Yaar...You are really in difficult period in your life....when if I am at your place I will kill either myself or all of wife's family...you may do one thing"

 

This forum does not instigate of teach crime.

.

 

Sudhir Kumar, Advocate (Advocate)     26 May 2014

@ Piyush kabra

 

you said

"...write a application with all of your disputes & fax it to your state IG, DG, & CM...also to PMO Office & Home ministry because ab hame ye kanoon hi badalne ki jarurat"

 

How these communications will help him.

 

rajendra (na)     27 May 2014

Hello Sudhir,

what is cvc stands for?

if any deputy collector cadar officer joins with 498A gang and helps them  in filing false case(its in high court for quash) can we do anything or any action can be taken by department..

any other suggestion

K.K.Ganguly (Advocate)     27 May 2014

1. Please look at your problem realistically,

 

2. There is nothing called 498A gang as per indian law & helping anybody filing 498A case is not a crime to be tried and punished,

 

3. Moreover, you shall have to prove that the said 498A complaints are false for which you shall have to contest the case or get the FIR quashed by the High Court,

 

4. After the Court rejects the 498A application filed by your wife or you get it quashed by High Court, you can file case against all involved in the matter for filing false case against you & your family to harass you all.

 

5. However, CVC stands for Central Vigilence Commisioner whose job is to investigate corrupt acts of Govt. employees on being reported. Here there is no corrupt act of the person in question.

T. Kalaiselvan, Advocate (Advocate)     27 May 2014

I fully agree to the views and suggestions rendered by learned advocate Mr. Ganguly on the subject issue. Yes, the first job is to get all those remanded enlarged on bail immediately.  Next step is to ensure that your name is not there in the FIR, if so, an anticipatory bail is to be obtained for you also.  After getting these requirements done, think about quashing, or challenging her false case besides filing some other counter cases against her and her father through Human Rights Commission or defamation case etc.  Though the police have remanded your parents under the provisions of the said law, it was done purely under the influence and pressure of the said DIG only, however once the case is being prosecuted in the court, if what you narrated are taken to be fact, the prosecution case may not sustain.  So, forget about the present crisis, which is temporary, plan and think about the strategy to counter her other moves effectively.

Sudhir Kumar, Advocate (Advocate)     28 May 2014

@ Mr Ganguly

 

The querist said that he suspects that some DIG is using official position to help his relative.  It is corrupt practice  u/s 13(1)(d) of Prevention of Corruption Act. CVC has jurisdiction in such cases.

K.K.Ganguly (Advocate)     28 May 2014

1. Mr. Sudhir Kumar is absolutely right, but the problem is that it will be impossible to prove that the DIG has used his official position to influence the Police to act against the parents of the querist for want of any evidence,

 

2. If the querist can prove with evidence that the said DIG has acted illegally, then he can be dragged  to Court also in addition to sending complaint to the CVC.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register