How to prove dowry harassment

Software Engineer

though Vikram is right in most of his comments please dont go by his advice of withdrawing the cases. Most people in this community belive that dowry harassment never happens in any indian household and every case is a fake case...some do believe that dowry harassment does happen but every female who comes out here for legal help has filed a fake case.

your lawyer is lying to you and cheating you saying your family members and relatives cannot give witness...its more than obvious that he has been bribed by your husband and hence is misguiding you and confusing you which why you are here for help...but most people out here bluntly give their judgements saying its a fake case and while some others are indirectly threatening you to withdraw your case...

Ignore all such comments...one thing...tough it takes a long time in the court the truth always wins....if your case is genuine you will get justice...you will get answers to how to prove the harassment as your case proceeds...it will all depend on the way your case proceed...but rest assured...is not so easy to get away with as they think it is... 


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Software Engineer

1. how to prove physical abuse.

everybody is taught not let family issues and fights go out of the house. so people dont normally speak about it to people initially. and there is absolutely no witness to what happens within the 4 walls. many people dont even consult a doctor until its a serious issue like a fracture or something. even if you did go to the doctor you would have mentioned the reason for the injuries to be an accident or something like that. so dont worry about all these things.

so long as you can have your parents and relatives give a witness of your scars its fine. if the police have mentioned in the chargesheet its even better. if your husband has confessed to doing this to any one them then hey can mention that too in their witnees...that will be counted as confessional evidence..your husband cannot just get away saying these scars were becasue of your boyfriend...that would be a very serious allegation that you have a boyfriend..he will need to prove that you have a boyfriend and if he cannot prove it then he has proved his mental and emotional harassment...your husband will not make such an allegation unless he has very strong evidence and if he does its good for you..

you can also call your brother-in-law and sister-in-law for cross-examination and ask them what happend on that particular day. Remember you husband and parents-in-law will also be questioned on the same thing. Five people have to say the exactly same story. even a samll mismatch in their statements will mean they are all lying which means your allegations are right. if they all speak the truth their staements will match otherwise some mistake is bound to happen...so dont worry...as long as you havent put any fake legations and ak stories you are good...just relax...


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Software Engineer

how to prove verbal, mental and emotional abuse.

the same way you prove physical abuse as mentioned above. And btw verbal abuse may count count under 498A. it depends on what kind of things he said. you need to convince the judge that you were so disturbed by his verbal abuse that you couldnt take the insult anymore and considered suicide many times...again it all depends..if he can prove that you too used to use equally vulgar language then you wont get anything with this allegation...it al depends how your behaviour used to be with him...


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Process Control Engineer

Well I am also one of the Probable Victims where false 498A clouds are looming over my family.. There have been lot of cases of misuse due to which people who are genuine victims of dowry are affected... record all calls and chat messages 


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Software Engineer

how to prove that he did demand for money.

was your marriage one of those typical indian marriage where the dowry is demanded before marriage and is given before marriage itself. If yes, then I am sure you have enough witnesses. infact if you just prove this then that is sufficient. the fact that the dowry was demanded before marriage is itself counts under dowry harassment. There is no need to prove any verbal. physical or emtoional abuse after this.however, if your husband responds to it sayig that this was just streedhan and not dowry and that he is willing to return it to you then your 498A is almost gone. but i doubt if he will do that.  most guys simply say that they not taken even a single paise. if he says that and you prove that he did take money then the game is over. you pretty much won it. infact after this you can also file 406 for refusing to return you your things and your streedhan.

another way of proving this is, if you know what he did with the money your father gave him. Mostly guys use it for their side of wedding expenses. if he too did that then you can cross-question him on from where did he manage his wedding expenses. if he cannot prove that he had managed it from his savings or from his other sources of income then that make him a liar and your allegation is considered proved. he could have used it for anything else..may be a flat, to pay-up his loans...anything...Remember...money never comes from air...even if he says that he had managed everything through hand loans...its not so easy to get away with...he will have to mention from whom he had taken the loan and how did he repay him and when...you can then cross-examine the so called lender...you can ask for his bank statements...you can ask for your husbands bank statements...If  he is lying he is bound to get caught...


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Software Engineer

how to prove hat he did demand for money

if he demanded for money or anything else after marriage then things get a little difficult. if any of his demdns were ever met then good...you can prove that as mentioned above...if none of those demands were ever met then...this exactly where your parents and relatives get into the picture with their witness and ofcourse cross-examining of your brother-in-law and sister-in-lw would also help...you can also try to prove that he was indeed need of money then...like say may he was in debts...if he wanted to buy a flat or a car or something...he would done some research...you can gather evidence for the same and question him as to why was doing all this when he never had the money to buy it...from where was he planning to pool up the money for the same...however its difficult though...it all depends on how he handles himself with these kind of questions...

but trust me if has done the mistake of harassing you for dowry he is bound to do mistakes to save his ass...theres a saying...'ek jhoot ko chupane ke liye 100 jhoot bolne padte hain'...they become overly defensive and end up doing a mistake...so just relax...if your allegations are not fake and its a genuine one then its him who needs to worry..not you..


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Software Engineer

regarding your DV case, dont you worry...just be strong...your husbands behaviour in the court will be observed...like say for example...if your husband responds to allegations right away clearly mentioning what was given as streehan and what was gifted and that he is willing to return you your streedhan then the judge might look upn him to be a gentleman and you to be a crooked woman who is unnecessarily misusing the law and harassing the husband...you will have to produce very srong evidence of the abuse in that case..

however, if your husband uses delay tactics trying to proplong the case and waste your time and the court's time, there by harassing you and using the loopholes in the law to his advantage, the judge will come to a conclusion that there is no smoke without fire...if your husband did harass you then he will get overly defensive and say that you had wlaked-in just plain clothes and that nothing was ever gifted to him and that you never brought anything from your parents...this the judge is not going to blieve again becasue it almost never happens...so if he says that then relax...you almost won your DV case...


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Software Engineer

these are just few of the options and things I could think of...all in all it all depends on how your husband responds and how the case proceeds...please keep us posted on the proceedings of your case and we will be glad to help you out...

 
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Software Engineer

@Swapnil

you too should start recording your conversations...and try sending emails or letters to wife telling her that you want to work on your marriage and you want her to co-operate. Specify the issues you have with her in detail (like she demanding money for her parents) and request her to work on them. At the same time ask her to let you know of her issues with you and tell her that you wil be willing to work on them. If she responds and fails to mention the demand for dowry then you got it...you can get her 498A squashed the moment she files it using this as evidence. however plz do all this only if you really want to work on your rlationship.

if you guys have decided to part ways, the do send her an email or better write her a letter but remember to be very policte in it and ask indirectly for divorce and do remember to clearly specify that everything that is hers is hers...if she is living away from you you can even say that she is most welcome to come and collect everything she needs and everything that is hers...if she doesnt respond and goes ahead filing 498A mentioning the same articles as dowry then you can get it qushed on the basis of this letter...if your in-laws have ever given you any money then send them a letter saying that you are willing to return them the money or that you need some time to gather the funds to return them that money...this will also help you get your 498a squashed...

please remember that you are bound to return her all her streedhan and any money if given to you by your in-laws...if you can do that before your wife files the 498A and DVC then that good for everybody...so it is better you send her such letters and even return her things if she asks for with an acknowledgement...if she still goes ahead and files the 498A and DV, it will be her trouble and not you...these letters will save you when your 498A comes to hearing...

 
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Managing Partner

Shweta

I am not misguiding her..or asking her to withdraw the cases...it is her choice...I was trying to show the other path...to me it is the brighter path...

 

She can fight the cases for the next ten years...run around now Trial Court, Sessions court, High Court then Suprme Court..not less than 15 years...

 

If she come to know that the marriage is not going to work...She can just walk out..when the demands were made..kick your inlaws on the face and file a divorce on Cruelty grounds...she need not look at their faces again...

 

To me ..the other path is full of joy and happines...

Let us assume that she gets a MCD and is free in 6 months time...she has all the time in the world to restructure her life once again...lets say she again gets married after 3 years..if she files cases..no matter how much she says that it was the fault of her husband...no  one will agree..these cases cannot be used to prove the husband wrong..

It is generally used as a tool to blame it all on the husband...that since there is a case..the guy is a crimina...

In these 3 years she can....build up on all positive things..in her life...

1) She can study

2) Get a good job

3) Have a boyfriend..

4) Travel..and see places..

5) Take care of parents as far as possible

6) Make her dreams come true..

7) Do mountain Climbing..adventure sportts..or whatever..

8) Read, watch her favorite movies..party and what not...

9) Being a girl..she can groom herself..make herself look better, smarter and beautiful...(Otherwise all the beauty will be consumed by the lawyers in the court)

10) Add whatever you want..in the list..all positive things..

 

If you want positive things in your life...you have to make space for it...if all the spaces are occupied with Court, police, evidence, witness...where is the space and this will continue for next 15 years...

 

Also, being a woman, she might loose all the chances of being a mother..which is the most happy thing for a woman...if the case drags on and continues till she is 40+

 

The society is utter sh*t..they will keep saying sh*t...but if you listen and believe in that sh*t..you are gone..and doomed..

 

So the choice is completely hers...she can loose all the good years in the court cases or be happy and explore life...

 

Vikram

 


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