Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Aishwarya Lahoti (Software Engineer)     11 December 2012

Save my innocent brother.

Hello to all,

 

My brother married his wife on 24-8-2009 at Hisar. After his marriage came to know that his wife was at the time of her marriage to him carrying a three weeks old pregnancy. The father of this child was a guy with whom she was in love at her college. Cheated by his wife my brother decided to end the marriage by filing for divorce. Just 3 days before he was to actually file the divorce case in the court his wife filed a false case against him on 21-1-2010 for dowry under 498A, 406 and 3 and 4 of Dowry Act. I can vouch for the fact that we neither demanded nor accepted a single penny as dowry at the time of my brother's marriage to her. I belong to a very good family which despises dowry. She has made me an accused also in the false case that she has filed for dowry. I have been accused of abusing her and also beating her for bringing insufficient dowry, which is absolutely absurd. For the past almost 3 years I, my brother, my mother and father have been making rounds of the court. I am now based at Hyderabad and it is extremely difficult for me to travel to Hisar after every 2 weeks for the court case. The case is moving very slowly. The chargesheet has also not been filed yet. What should I do now to save myself and my family from this harassment. 



Learning

 21 Replies

rahul (director)     11 December 2012

if you able to prove that at the time of marrige , she was 3weeks pregnant,, and to coverup her cheating,, she file this 498a, i think. your 489a can be a fit case for quasting u/s 482 n high court

upkar gupta (lecturer)     11 December 2012

so did your brother filed for divorce???

k.kumar raja (advocate)     11 December 2012

Mr.Ashish is correct

1 Like

Munirathnam (Scientist)     12 December 2012

If charge sheet is not filed till today then it is the fit case to Quash due to lack of evidence. You better to approach High Court with Quash petition U/s 482 of CrPC.

 

If you have any medical records that show that lady was carrying 3 months pregnancy then write letter to the police saying that you people received information from unknown people and that may be verified for correctness. If any documents are there then submit them in High Court to quash the 498A case.

 

Also you can seek court permission to give physicla appearence exemption for you on the relevant grounds like working profeesinal, lady can not reavel long distances etc.

Munirathnam (Scientist)     12 December 2012

Chek your private message inbox for help.

Aishwarya Lahoti (Software Engineer)     12 December 2012

Thank you a lot Mr.Ashish Davessar for your invaluable reply. My lawyer here never told me that I have a right of this kind under the law. I would really want to see the end of this as soon as possible. This case has tormented my and my family's life. Can you take up my case for squashing?

 

Warm Regards,

Asishwarya Lahoti

Munirathnam (Scientist)     12 December 2012

Dear Aishwarya,

 

Quash requires some documents from police side (approved documents) in support of you. Unless otherwise valid documents or material are present Quash is very difficult. You may call me to understand the Quash petition and the Courts consideration in Quash petitions.

Munirathnam (Scientist)     12 December 2012

If investigations is not completed in 3 years then definitely there may not be any evidence hence is is fit case to quash it and if you have any documents in support of your version then ask the police collect them and approach High Court with quash petition.

Aishwarya Lahoti (Software Engineer)     12 December 2012

Mr.Munirathnam,

 

Your profile says that you are a scientist.

Would it be proper for me to call a scientist and seek his advice on a legal matter?

Munirathnam (Scientist)     12 December 2012

I am one of the 498A case victim and is fighting cases since 2008 and I never hired any lawyer and I am fighting my case by myself (party-in-person) and I am the only person,  filed counter case against the women (wife's family), who filed 498A case, and made arrest of wife's brother and sent him jail for 3 days.

 

I also filed Quash petitions by myself and I could get order for Physical Appearence to my parents and relatives in 498A case and my parents and relatives did not appear for any court hearing since 2008.

 

My wife went to Supreme Court seeking some relief but Court dismissed her prayer and I won the case in Supreme Court.

 

Of course I am fit to advice to some extent then you need to take help of your advocate.... only my advice may not be sufficient to know the exact law position.

 

Now you may decide. Wish you good luck.

rahul (director)     12 December 2012

@Muni

i sad to know that you still fighting the cases. I remeber , once I talked with you.. and you told me that wife is requested for divorce now.. but you are asking for compensation and legal exp.

i think I talked you in 2010 middle.

 

Munirathnam (Scientist)     13 December 2012

Wife failed to withdraw the cases as per compromise then the cases are started running. Next month cross examination in 498A case. Will update on the staus.

Aishwarya Lahoti (Software Engineer)     13 December 2012

@ Munirathnam I appreciate your efforts and the fight that you have undertaken but I would rather go with the advice of a good lawyer on this. 

Aishwarya Lahoti (Software Engineer)     13 December 2012

@ Mr.Davessar 

 

Sir, I intend to engage you as a lawyer for the HC case at Chandigarh. I have sent you a personal message on your phone number mentioned on your page. Shall call you after 6 p.m when you are free from court work.

 

Thanks & Warm Regards,

Aishwarya Lahoti


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register