Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Harsh arora (Tutor)     24 September 2014

What precautions to take oneself from false 498a and dv etc.

My wife had lodged a complaint in Women cell against me and my parents putting charges of asking for Dowry etc. implicating us in false 498a, DV and allied cases. When she lodged the complaint she was living with her parents from last 6 months. The complaint in Women cell was in retaliation to my complaint about her and her family  members beating up my father at  his residence. I was not living with my parents when incident happened in July 2014. The matter is still in Women Cell. Through family mediations, she verbally said sorry for everything during mediation but was extremely adamant on me, her and our 1 year old son staying at my parent's residence. Me, my wife and our son have finally come back and are staying at parent's residence from past 10 days but i doubt her intentions. Please help me about what all precautions me and my parents shall take to safeguard us from getting implicated in false 498a, DV and other associated cases in future by my wife? Thanks a lot.



Learning

 14 Replies

LoneFighter (IT)     24 September 2014

Video Record using a spypen or spycam secretly discussing that you never took any sthridhan or dowry from her or her family.

Discuss that you have given gifts to make her happy. Discuss that your parents or your relatives never hurt her. etc...

Basically discuss everything which she might fake and have them ready .

 

Harsh arora (Tutor)     29 September 2014

To avoid getting recorded about misdeeds by her and her family, she doesn't talk anything about dowry and DV issues and tells that let past be past, lets make future better. Will an affidavit by my wife, stating that she doesn't have any claim in the self-acquired property of my parents and she won't stay or seek any right to residence in their residence against their wishes, be of any help in future?

Can any other steps be taken to minimize any damage to me and my parents from her and her family in future? Thanks.

LoneFighter (IT)     30 September 2014

no amount of care taken would actually save you if she files a case again. It would take a while to get bail and other formalities. Initial hurdles will be there. 

Make her talk that she is happy with you and your family and happy with every one. 

Affidavit stating that nothing is taken in form of dowry would be of some help.

But be prepared with necessary ammunition, since you know her better and you would hv better idea of her next moves. 

Sudhir Kumar, Advocate (Advocate)     30 September 2014

Asking for affidavit will be provocative and is bound to escalate matter further once again.

 

You can have other evidence as suggested.

Sudhir Kumar, Advocate (Advocate)     30 September 2014

You make an intropection as to how things went bad earlier.  Try to find out what was your fault and never repeat the same from your side.

 

Prima -facie you may be lucky to hve a family re-union without much misery.

Fighting_Back (AM)     30 September 2014

As of now,
1) Try to take her movie every weekend.
2) Purchase gifts for her.
3) Send lovely SMSs, Mails everyday from office also..
4) Talk to her everyday... record conversations.
5) Get Spy video-audio recorder installed in your handset..
6) Buy 3-4 memory cards
7) Record videos everyday... try to make recording of date and time of the recording also...newspapers, news channels may help you....
8) Change memory card each day...(out of purchased memory cards)
9) Gift her an Anroid phone...install auto call record app... the call records will be sent to your mail ID... this way you can keep an eye on her...
10) Try to video record her conversations (with her family or...) through spy cam if possible.
11) Please record everything on the day she leaves you..(goes for home)... also please try to make note of date and time in that video recording also.


Never use cash for anything you buy for her... Never move data from original place...!!!
 

Pls record every act/conversation you feel imp...
Try recording voice and video seperately of each incident... (Do keep the originals safe)
May help you in later stage..


Why am i telling you to record in two forms seperately is because:::
When stage comes... show voice recording and submit the original... (she may lie that its not her voice... now instead of approching forensic report..)
Now show the same with video recording.. submit original...

LoneFighter (IT)     30 September 2014

@fightinback:

i m sorry,,, i could not help laughing after reading thru ur entire post.. :D

Indian married men just to keep themselves safe, has to take care of all the above ...

Indian unmarried men should not even go to any girl and talk ... :) 

Because no one will have any idea of which woman is good and who is bad... :P

Fighting_Back (AM)     30 September 2014

@ Lonefighter:::

I have some doubts, pls clear

The Man asked::::

Can any other steps be taken to minimize any damage to me and my parents from her and her family in future?

And you gave the answer

=> no amount of care taken would actually save you if she files a case again. It would take a while to get bail and other formalities. Initial hurdles will be there. 

Oh... is that so easy to get bail and all second time...??? Brother above 95% of people gets convicted second time...!!!

=> Affidavit stating that nothing is taken in form of dowry would be of some help.

Can't she say... she said this coz she didnt want to ruin her marital life in all this and gave another chance to her husband... etc etc

=> But be prepared with necessary ammunition, since you know her better and you would hv better idea of her next moves. 

:::: I am eager to know what you meant by above point...!!! You wanted him to be ready with AK-47 and shoot her as soon as she files 498a again...!!!

What do ou mean by BE PREPAIRED...!!!

I will clarify my wordings... But as of now... looking for your responce...!!!

Fighting_Back (AM)     30 September 2014

One more thing to add LoneFighter,

You Suggested::::

Video Record using a spypen or spycam secretly discussing that you never took any sthridhan or dowry from her or her family.

Discuss that you have given gifts to make her happy. Discuss that your parents or your relatives never hurt her. etc...

Basically discuss everything which she might fake and have them ready .

::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::

=> Do you gave this (the above) advice to every single indian married man ??? If not ???

*** What made you to feel/say that i suggested the above precautions to every indian man ???

::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::

Indian unmarried men should not even go to any girl and talk ... :) 

Because no one will have any idea of which woman is good and who is bad... :P

=> What made you to write this...??? If you can make out above points thru my post....!!! HATS OFF to you... You are an OMNISCIENT..!!!

LoneFighter (IT)     30 September 2014

@Fighting back:

I was not being sarcastic when i commented on your post. i wanted to convey you were right... sorry if you have felt it the other way 

Fighting_Back (AM)     01 October 2014

@ Harsh,

Brother take a seperate residence and do not stay with your parents if you are still staying with them....!!!

 

@ Lonefighter

        :)

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     02 October 2014

My opinion is to register a counter FIR against her and in-laws by you parents and senior members of your family.

 

Please read each of my posts carefully in the following links.

 

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

suman (x)     24 October 2014

My wife had lodged a false complaint u/s 498A and dower case. My father in law submitted a false backdated bill as a proof against inflated quantity of ornaments.

My question is,Can I challange the fake bill & make counter case u/s 420 for producing false document ?

(We can get help from sales tax authority that no VAT has been deposited against the same bill,Further bank statement of my father in-law may shows that on same day on transaction of such amount has been made, not only that accounts ledger/vat return copy of seller may proof that the bill is false) 

Secondly without investigation  I/O framed charge sheet as per instruction my father-in-law. and before submitting charge sheet the I/O asked bribe from me over telephone. The conversation has been recorded in mobile as well . Will the call record be be prove beneficial for me during trial ?  

Sudhir Kumar, Advocate (Advocate)     25 October 2014

IF THE DEMAND OF BRIBE HAS BEEN RECORDED THEN WHAT ARE YOU WAITING FOR.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register