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suresh (DS)     06 August 2013

Help on fake dowry case?

I got married in 2011 and tell her in advance whatever things I need to tell about my family members and she was agree and accepted to get married but on the very first day when I brought her from banquet hall, she said that I want to get divorced from you. Then I asked her why? then she said that I want means I want. I thought that she is recently left her parents so got disturbed therefore I didn't tell this thing to anyone. But after that she was keep asking to get divorce. Finally I brought her in USA but she was doing some abnormal activities. And forcing me to do here and there thing. She also tried to kill me by giving 12-15 tablet while I was sleeping. She hit me a lot. After that my carrier got spoiled and came back from USA and I also updated the same to her father and sister but they didn't respond in well manner. when I was in USA, I visited a doctor clinic for her to test psychology and that doctor found she is mentally disturbed since 8 yrs old(childhood). After that I asked the same to her sister that is there any problem with your sister but no response from her. She was also provoking her to get divorce. I spend all the money from her and my side to get this done. So, they didn't spend a single Penny in the function and once I came back from USA want to cure herself but she denied and said I want to go my parents house and then went after that she never called me except once to give a bulk of money otherwise my family will be in trouble. She also executed many abnormal activity after marriage but my parents ignored those BOX they thought that I am not in india so it is like that. She tore her cloth and doesn't have any control all around. So, she filed a fake dowry case with these IPC as 498A, 506, 323,504 for my parents , me and sister. We didn't receive any communication about this case and that lower court judge made my sister free from this based on supreme court guidelines and then they filed the revision to call them up so after one year we got to know that they filed a fake dowry case. This case is filed at her location but all the incident what they have shown in file all of them are belongs to either my town or USA. So, I would like to know how can we resolve this problem of fake cases most of the boys are getting affected by this law. They are asking for money since 1 year over the phone and mail and I said I can give but whatever amount they spend and we spend that should be like that. But her father is saying I will not bring anyone with me and don't consider your expense I need this much amount to settle down this case. 
However her daughter wants divorce since very first day to till today. Please suggest me what can I do to save my sister and others. 
Is there any law in which we can ask to them why did they married a mental challenge girl with me. As I got know when I take her to doctor clinic in USA. All this information, they hide from us. and I didn't ask a single penny from them even I arranges all the function expense for food and all...inclusive everything. We never torture her or say to her a single word but in report she gave all the false allegation so I want to know is there any provision in our judicial system to make safe from such fake cases or asking for some initial investigation to file the case. her father has taken away all her belonging when me or my parents were not at home. They are blaming that we have so much jewellery , cloth and money but this is not true. the main intention of her father and my wife is to make some good money without any reason.
Please help me I am in very big trouble .
Lower Court has given a statement to keep my sister out and they again file a revision on that decision in ADJ. But we don't get any communication for any of the case.
Point:
1.The place where they file the case, is not the actual place as they describe incident in report. that is city A and they file the case in city B. So, is this the right way to file the case however the incident didn't happen in that territory.
2.My Both of sisters are married and settled 
3.I have plenty of mail of them to ask for money and divorce
4.Having photograph for injured situation
5.USA doctor can provide a report only when judicial system will ask,
6. I was continuing with her with a hope that she will get well soon but her sister and parents cheated me all the way.
7.Please specify the steps by which I can rescue my sister and parents
8. I never hit a single slap on her.
9. Which case we can file against her/her father as they were threatening to me on mail and phone i have recording for that. The girl wants to take divorce still they are asking for money however I don't have that much.
9. She is not with me since last 18+ months.
10. Please suggest some route path because most of the lawyer is saying that it's a fake case and when they com



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 10 Replies


(Guest)

You need to prove that your sisters are living apart from you or away from marital relations of you. Then go for Bail for them and File for deletion of their names. 

Not an expert...advice is only based on the readings of the forum.....

V sorry for you to go thorugh this i am in the same boat 

suresh (DS)     06 August 2013

The lower court has already released my sister on the ground of supreme court because they are married but they filed the revision and we do not have any communication. Should we file some thing against that she did lots of crulty with as hitting , injurries , food , mental torture, attempt of murder .

What else we can do to save ourself becuase whatever they are doing just for shake of money and the amount is too much for me as 10 lac+. I didn't take single penny from them and even all the expense bear by us only.

Don't our court investigation whether this case is false or not?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     06 August 2013

Whether you can file anything or not, would be judged by your counsel after looking at all the documents. No concrete advise on this subject can be provided based on the facts provided by you.

 

Regards,

 
Shonee Kapoor

Yahoogroups: https://groups.yahoo.com/group/sahodar 

If you don't fight for what you want, don't cry for what you LOST.
1 Like

suresh (DS)     07 August 2013

Hi Shonee Sir,

What all facts you need to advice me on this. It's very urgent and my sisters are getting prolem from this fake case. I have written most of the things in my question.

Please suggest me

2BHelpfull (Other)     08 August 2013

why r u worring ???

 

u have a strong proof that she is mentally unstable.

show report of docter certificate,u must be having the copy .

request court to conduct mental check up , if they donot recognise the USA docter report.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     08 August 2013

Well, if she is mentally unstable, what proofs do you have? Have you ever tried to get any treatment for her? Is there any history which you are aware of.

 

Regards,

 
Shonee Kapoor

Yahoogroups: https://groups.yahoo.com/group/sahodar 

If you don't fight for what you want, don't cry for what you LOST.

Adv. Chandrasekhar (Advocate)     10 August 2013

My advice is based that whatever you said is totally correct. 

First marriage issue - If she is mentally not sound and unwilling to undergo medical treatment and this vital factor was kept secret from you when marriage was solemnized and you had a medical (psychiatrist's) report with you - you can resolve your marriage issue by filing a petition for annulment of the marriage on the ground of fraud perpetrated against you or otherwise you can file divorce petition on the ground of cruelty and also on her mental illness (but as per law, it should be incurable mental disease).  This is the contested case and takes pretty long period for final adjudication.  During this period, you have to pay her  maintenance.  The quicker method is to go for Mutual consent Divorce, which can be resolved within one year.  For that she has to accept.  In the contested annulment/divorce case, if she refuses to admit about the malaise, at the behest of your application, the court will send her to psychiatrist to find out the veracity of her mental illness.  So, as far as proof is concerned, you need not worry.  About fake dowry case, if the incidents alleged have not happened in the jurisdiction of the court, the correct procedure is - you have to approach the High Court for quashing the FIR on the ground of territorial jurisdiction.  Similarly, unwarranted relatives of yours - such as your sisters etc. were mentioned in FIR without attributing any offence to them, again you can approach the High Court for deletion of their names from the criminal proceedings.  If the FIR and criminal proceedings cannot be quashed, the option left to you is to get anticipatory bail and later on bail and contest the criminal case on its own merits.

suresh (DS)     12 August 2013

Dear Chandrasekhar, 

I saw your kind response to my question. Based on your reply, i need further assistance to get the medical report  from USA doctor through judical system.

If I couldn't get that report from there whatelse options will be for me. That doctor said to me that the desease is not curable since it is since her childhood but without her report i can not say anything.

What step I can take to keep my sister away from this case as my sister got a letter from ADJ court to be appear in the court as they filed the revision against the lower court decision.

Can I file the application in high court to remove my sister's name based on lower court decision align with supreme court guidelines. As  being married my sisters are not living with us so they are not part of our life.

I am also staying away from my parents after marriage. 

All the allegations are wrong, her father is doing all this because he wants some money from us. he said this thing to one of our relative. And he's trying to target my sister to make some pressure on us to give that amount.

Please suggest your valuable inputs. Can I call you to discuss on this on more detail

Adv. Chandrasekhar (Advocate)     13 August 2013

I saw your kind response to my question. Based on your reply, i need further assistance to get the medical report from USA doctor through judical system.

If I couldn't get that report from there whatelse options will be for me. That doctor said to me that the desease is not curable since it is since her childhood but without her report i can not say anything.

The better way is that you obtain the medical report in original personally instead of adopting the judicial process and place the same before the court and on  the basis of that report request  the court to send her to psychiatric department here in your city to obtain a report in respect of her medical condition.  Once Indian City's report is received by the court in response to its own order, it has got more evidentary value about the incurability of her mental illness.  The problem with the US report is that even though there is a judicial procedure to obtain it through judicial process, the signatory of that report cannot be called into witness box to test the veracity of his report and hence, is not much helpful.

What step I can take to keep my sister away from this case as my sister got a letter from ADJ court to be appear in the court as they filed the revision against the lower court decision.

If the lower court struck off your sister's name from the case, there is more possiblity for you to succeed in the revision court also.  So, put best efforts in revision court and if you not succeed there, then you have the option of approaching the High Court.

Can I file the application in high court to remove my sister's name based on lower court decision align with supreme court guidelines. As being married my sisters are not living with us so they are not part of our life.

Wait for revision court decision and hope it goes in your favour.  If not, then only approach the High Court.

I

suresh (DS)     13 August 2013

Hi Chandrashekhar,

I undetstand your point what you have suggested to me as I approach to doctor to get the report but being confidential law in USA I can't get that from her unless until I have one judicial order and I also don't know to get that. Can I initiate a process where court can ask her to go for some test. As she put many allegation like i did mental torture and all but she doesn't have single proof of single incident. I can't get the report from USA without having court instruction or her permission.

 

My lawyer is suggesting to my sister that you should not be appear in the court for certain dates so that the other party will get frustrated and take some wrong step. Could you tell me will this approach work as this is leading a delay in proceeding?

 

We are also accused in this but never got any communication from lower court so do we(I and my parents) require to take an anticipatery bail from high court?

There is no FIR record exists so far. I have many mail in which she is asking for divorce and money else she will spoil my life.

we have date on 18th Auguest what do you suggest to appear in the court or not for my sister and one of them is govt servant, other is housemaker.

My lawyer is also saying that all the incident what they have mentioned in the complained, none of them are from filed location as saharanpur so the case is wrong and it'd be close based on this ground. Please share your point as well.

I am highly thankful to you to guide me on this.

 


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