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monish   05 April 2015

False 498a & dv by my wife

My wife registered complaint against me and my family members under 498A and DV act. All this happened because I told her that I do not want stay with her anymore. There are many reasons that I would not like to disclose here. It is for sure that we cannot stay together now.

Background:

As of today it’s been 1.2 years we got married. It was arranged marriage. Both the families are from different cities. I am staying away from my hometown as I am working in one of the metro city. After marriage we got one flat on rent.

It’s been 6 months she left me. She is staying at her hometown with parents. 3 Months back she visited me and stayed for 2 days. That time I told her that I don’t want to stay with her anymore. She asked me to book return tickets for her.

At present, she registered complaint against me and my family members.

We got call from Police station to inform about this complaint. One meeting already happened between my family and my in-laws family in front of Inspector. Now Inspector called me to Police station and this meeting is supposed to be between me and my wife.

He said in case there will not be any compromise then he will proceed with FIR.

Complaint:

498A is supported by bank account statement of my Father in law.

<Fact> My wife parents gifted one Car during marriage. They also displayed it. After marriage they said that they will transfer the amount in Bank Account so that children can buy it in same city. After 5 months of marriage they transferred the amount to my account. I was never interested in buying car but my wife insisted to take it because she needs it.

DV is supported by Medical report.

<Fact> 3 months ago, without informing me or anyone in my family, she visited my place alone. I told that now I cannot stay with her. She asked me to book return ticket. Once she returned to her hometown, she got false medical report issues stating that someone has beaten her.

Both the above facts are completely false.

Please suggest me:

1.       How can I prove medical certificate is fake? Counter argument

2.       What will happen when I would be going to meet Inspector in her home town?

3.       How can I prove that we never demanded any dowry? In my case actually my in-laws asked for dowry.

4.       As evidence I am having call recording and we also submitted one application to SP that my in-laws may file false case against us. Will it be helpful?

5.       What should be my course of action? We already got one advocate to help us.

 

 

Thanks in advance for your responses. 



Learning

 1 Replies

Q Slinger (NA)     05 April 2015

Hi Monish....Looking at ur case, I very much doubtful if things will work on in your favour. Specifically the incidences of the car that was purchased for you (provided that it is in your name), the money that was transferred to your account. You have not

DV medical report might be shot down during the trial phase provided that you have a very capable lawyer who will dissect the case and argue the matter to the court in order to create doubts in the mind of the court that this is a false case.

So here are the 2 most important things you should do:

1. Join Save Indian Family: Its a free organisation that will help you understand the sort of cases your fighting and how you can better your chances of winning. SIF is run by victims of 498a, DV and other gender biased cases and have immense experience in this field. They actively fight against gender biased laws
 

Website: https://www.saveindianfamily.in

Weekly Meetings: www.saveindianfamily.in/index.php?option=com_content&view=article&id=131&Itemid=431

National Helpline Number: 0888-2-498498

2. Get a very reputable and good lawyer so that you receive best representation in the court. Do not compromise on this point as it might make or break your case.


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