R.Ramesh
26 March 2013 at 17:28
Good Evening Sir,
Sir, my wife kept false 498A case on me and on my family members and after my marriage she stayed only 10 days with me and after that she qarrrelled with me and my family members she left my house and after 2 years she kept false 498A case so regarding this case, I would like to show her complaint.
Complaint Copy
I hema latha, wife of B.Kiran aged 24 yrs house wife to submit following few lines for your kind consideration and request for favourable action.
I state that my marriage with B.Kiran was solemnized on 10/12/2010 as per hindu rites and customs.The marriage was consummated.At the time of marriage my father gave a sum of Rs.5,00,000/- in cash and 10 tulas gold, hero Honda passion plus and house hold articles and spent a sum of Rs.4,00,000/- as marriage expenses and dinner expenses and altogether spent a sum of Rs.15,00,000/-. I futher state after marriage I have stayed with my husband at his house and unable to stay with my husband hardly 20 days.My husband in laws harassed me mentally and physically and daily abused me in filthy language for bringing more dowry in order to complete the house construction.As I was unable to bear the torture I have approached my parents and sought their help to lead peaceful life with my husband.My parents observed the grieves hurt and wounds on my bady,enquired my husband and in-laws and temporaily settled the matter.On 07/12/2011 on advice of police my husband took to his house and beaten me in front of his house and my husband put me and thrown me out of his house on the advice of local elders. We put separate house where my husband several times attacked me and tried to kill me. I state that my husband and inlwas did not permit me to live even one day.The father inlaw ,mother inlaw, sister in laws and my husband brother want to send me out of the house and get another marriage to my husband in order to get dowry for second time . I therefore I request your good self to enquire into the matter and take action against my husband and inlwas for their harassment and demanding more dowry for which act of kidness I shal be grateful.
Enquiry by I/O at my house.
police officer came to my house and conducted an enquiry for preparing the charge sheet and my neighbors told the police officer how my wife trouble tortured me and family members and moreover our neighbors said my wife not stayed atleast one week continually with me in my house after marriage, but that police officer suggested me and my neighbours that if we want to remove his sister’s names from Charge sheet (because why the married girl and un married girl un necessarily to attend in the court ) so for this you should say that two girls they are not in the house and they did not beaten her brother’s wife and that time married girl was at her matrimonial house only which quiet 30 kms distance this location and she was suffering from gynac problem and to help her the unmarried girl also went to her sister house…. So like if we entered this statement with your witness it will be possible for us to remove their name and they taken my neighbors signature and left.
Regarding Charge Sheet.
Sir, the I/O did not removed my sister’s names from charge sheet when I/O came to my house for enquiry that time I/O said she will remove my sister’s name if my neighbours will sign on paper if what I/O write on that papers and I/O suggested like this …… ( because why the married girl and un married girl un necessarily to attend in the court ) so for this you should say that two girls they are not in the house and they did not beaten her brother’s wife and that time married girl was at her matrimonial house only which quiet 30 kms distance this location and she was suffering from gynac problem and to help her the unmarried girl also went to her sister house…. So like if we entered this statement with your witness it will be possible for us to remove their name from Charge Sheet ) and I/O taken my neighbors signature and left. So, sir I/O had cheated me like this during enquiry and sir here below I would like show the how I/O had submitted the Charge Sheet.
Charge Sheet
If Charge Sheet ( original / Supplementary ) : Original.
Particulars of the accused persons charge sheeted: A1 to A6 ( they mentioned my name and familymembers name )
Particulars of the accused persons not charge sheeted : -------
Particulars of the witnesses examined :
1.Smt.Hema latha w/o Kiran ----- ( Complaint / Victim )
2.K.Venkaiah s/o K.Veranna ----- ( Father of LW 1 )
3.K.Yadamma w/o K.Venkaiah ----- ( Mother of LW 1 )
4.T.Shekar s/o Giri ----- ( Independent witness )
5.S.Jagadish s/o Kumraiah ----- ( Independent witness )
6.J.Yogesh s/o Ramu ------ ( Independent witness )
7.Simhadri s/o Vishvesh ----- ( Independent witness )
8.Smt.Reshma, Sub Inspector ------------- Issued FIR & I.O
If F.R. is false, indicate action taken. U/s 182 / 211 IPC --------------
Result of Lab Analysis -----------------
Brief fact of the case As follows
“This is a case of Husband and in-laws (A1 to A6 )of a women (LW – 1 ) subjected her to cruelty by harassing her mentally physically at matrimonial house and demamded to bring additional dowry from her parents, where the. Whereas, the accused A-1 B.Kiran husband of the LW – 1,A-2.B.Pochaiah ( father in-law) A-3 B.Shanthamma (mother in-law ) A-4 Kum.Priya ( sister in law of LW1 ) A-5 Smt.Gouri and A-6 B.Venkat ( Brother in-law of LW 1 ). The place of offence fall under this W.P.S limit, within the territorial jurisdiction of this Hon’ble court.
Facts of the case are that, on 09/05/2012 at 14:30 hrs received a complaint from Smt.Hema latha w/o B.Kiran Occ.House Wife.In which she stated that, her marriage with B.Kiran was solemnized on 10/12/2010 as per hindu rites and customs.The marriage was consummated.At the time of marriage my father gave a sum of Rs.5,00,000/- in cash and 10 tulas gold, hero Honda passion plus and house hold articles and spent a sum of Rs.4,00,000/- as marriage expenses and dinner expenses and altogether spent a sum of Rs.15,00,000/-. I futher state after marriage I have stayed with my husband at his house and unable to stay with my husband hardly 20 days.My husband in laws harassed me mentally and physically and daily abused me in filthy language for bringing more dowry in order to complete the house construction.As I was unable to bear the torture I have approached my parents and sought their help to lead peaceful life with my husband.My parents observed the grieves hurt and wounds on my bady,enquired my husband and in-laws and temporaily settled the matter.On 07/12/2011 on advice of police my husband took to his house and beaten me in front of his house and my husband put me and thrown me out of his house on the advice of local elders. We put separate house where my husband several times attacked me and tried to kill me. I state that my husband and inlwas did not permit me to live even one day. The father inlaw ,mother inlaw, sister in laws and my husband brother want to send me out of the house and get another marriage to my husband in order to get dowry for second time.
On receipt of the above complaint S.I. Reshma registered a case U/sec 498-A IPC and took up the investigation. During the course of investigation I/O examined the LW-1 to LW-3 and recorded her detailed statement in part –II Case Diary, in which they corroborated the facts of FIR.
As per the statements of LW-1 to LW-3 they revealed that, the LW-1 and A-1 are legally wife and husband.Their marriage was performed on 10/12/2010 as per Hindu rites and customs at the time of marriage as per the demand of A-1 and his family members her parents had given a sum Rs.5 Lakhs case as dowry, 10 tulas of gold ornaments 2 wheeler, all household articles were given and performed the marriage by spending Rs.15 lakhs after the marriage the LW-1 joined the company of her husband at in-laws house where the LW-1 stayed for a period of 20 days in between this period the A-1 on the instigation of his family members subjected the LW-1 cruelty by harassing her mentally and physically for more dowry. On her refusal they abused her in most filthy language and bet her increased torture towards the LW-1 due to to their unbearable harassment the LW-1 informed her parents and elders meeting to specify the matter and sent the LW-1 took shelter at her parents house.The investigation and to prevent the accused from making any inducement or threat to the complaint or witnesses.
On credible information on 09/05/2012 I/O deputed the staff to apprehend the accused A-1. The deputed the staff rushed to A-1’S house and found the accused A1 and brought to W.P.S and produced before me at 10.00 hrs after counseling I/O have examined and explained him grounds of arrest made facilitated for communication, and affected his arrest at 11:00 am by an arrest memo on him and completed the arrest formalities.
During the course of futher enquiry I/O visited the place of offence and accused enquiries about issue and collected the copy of wedding card and marriage photographs and other documents as documentary evidence it clearly established that the A2to A6 were also responsible for the harassment and mental torture commited on the complainant and also demanded for Additional dowry while investigation under progress A2 to A6 took the anticipatory bail on 25/08/2012 and furnished the sureties at W.P.S.
Thus the investigation clearly established that the accused A-1 to A6 have commited the offence in this case and are liable to be punished U/s 498-A I.P.C. Hence it is prayed the honble court that accused summons may kindly be issued against the accused persons in this case.
Hence Charge.
Sir my query is that yesterday I received the statements of LW – 1 to LW – 7 and in this statements LW – 1 to LW – 7 stated false statement on me and on my family members and especially LW – 1 ( i,e my wife ) she stated very badly about me and on my family members and all these statements I shown to one lawyer he said that LW – 1 i,e your wife had stated very severely and badly about you and your family members and he said that quashing for charge sheet are very less chances.
So, in this regards please give me information that quashing of charge sheet is whether depended on the statements of LW – 1 and LW – 2 to LW – 7 or my wife’s complaint copy or on FIR copy.So, please I request you to give information on this.
Thanking you sir.
k.g.agarwal
26 March 2013 at 15:53
my sister daughter first married to a person in Indore. who was working in a bank.he was ill treating her so she came back to ajmer at her parent house.
after 2 years some person parents whose wife got expired and had 2 children wanted to marry him with my sister daughter.
for her future my sister arrange a divrose
from indore husband by mutual consent and married to this man in ajmer.
but after 6 months this man also left her at her parents house saying his children are objecting to this marriage. she is staying her parents house since 2 years and
husband is not keeping any relation with her and want to breakup only.
As my sister Daughter is about 40 years now and sister and jijaji is about 70 years
Her future is in complte dark.
please tell us
- what police complain she can file against
her husband
-he has slept with her for 6 month and do not want to own any responsibility and left her to her parents place really deserve maximum punishment
please advice.
-when a person
Sundram N
26 March 2013 at 10:12
Dear Senior and friends,
kindly advice that, wife side is making a plan to impose another case of domestic voilance after seperation more than one year. another case u/s 406 for taking back false calimed her things as she already taken all the things at the time of lefting my house in first time and second time after coming back in first time. her 498a is in pending under AB hearing of husbnad in back 10 months.
kindly suggest that she can file DVD and 406 case after seperation more than one year and what precaution to be taken.
Curious22
26 March 2013 at 07:03
Hi,
I married to a girl against my parent's will.
This was a love marriage.
we married in the year 2006 and we dint informed in our homes as we were studying.
We stayed at our respective parnt's homes.
Later when our parents came to know, her father lodged a flase dowry harrassment case against me and my family,when none of my family members even saw my wife nor even spoke to her or any of her family members.
They involved police and we were harrased.
Under police pressure i had to give her Khula(forced Khula).
Which i have a refrence that it is not valid.
She was forced to do sign the papers and me as well.
Later on when i got the refrence that this Khula is not valid and she came back again.
We left our homes,her father again went to police and filed a kidnapping complaint against me.
which was later cleared as we went to Police station and told the CI that we are married,major and want to stay together and she mentioned that she dont want to get marry to someone else.
Police helped us and we got the Police protection this time.
we started staying together as none of our parents accepted us.
we stayed for about 11 months.
in these 11 months her parents started involving in our lives.
i used to send her to visit her parents but they planned out somethng else.
They dint accepted me, nor i went to their home.
Later,her parents took the police protection paper from us and got few hired Gunda's at the place where we stayed and attacked me.
Gave wrong information to the police and again filed a false complaint stating that i kidnapped their daughter.
Later this case was even cleared when i produced the documents to the police.
But i was afraid as her father has many criminal cases against him and he know many Gundas.
So i had to leave her to her parents house as i cant even take her to my parents.
My in laws practise witch craft which my wife told me and even they are known for this in their relatives.
Now they have changed their home and her phone is switched off ince few days,
I want to know what i can do so that i dont get pressurised either by police or any Rowdy sheeters.Please advice.
Never Give Up
25 March 2013 at 12:38
Hello Experts,
I have GWA case (custody filed my me) running in Family court and we got visitation order. Visitation was defaulted multiple times hence filed Contempt of court which was accepted by judge.
Case currently on cross examination of applicant.
Now opposite party has come to seek interim maintenance in GWA case. My forum reading suggests there is no provision in GWA to get interim / final maintenance. Though i am not very sure.
Is this interim application maintainable ?
Please help.
Thank you for your sharing your time, effort and wisdom and experience.
P.S. No other case running in family court except GWA case, however DV,498A running in other court and interim and final maintenance demanded there in DV as well , though not decided yet.
Mohsinkhan
24 March 2013 at 11:30
sir,
We are belong to Sunny Muslim Community, My Grandfather's cousin brother had no son of wife, sister or brother his father and mother also passed away. He passed away in 1983. At present revenue record 4 acr. agriculture land has been his own name. We are only lawful inherit of deceased. We will file for claim the property through the Succession certificate.
My Query is
1. we should joint name of my Grandfather deceased sister's inherit in succession certificate.
2. My Grandfather's sister inherit is lawful inherit of deceased.
3. who is lawful inherit of deceased in succession certificate.
Pleas Give the answer .....
vishalgupta
23 March 2013 at 17:49
sir/madam
my engagement was held on 24 February then after 2-3 days i went to my fiancee to meet her ,during our meeting she refuses to come to my hometown after marriage ,before the engagement she was ready to come to my hometown ,so i decided to call of marriage which will be on 29 April 2013, so i don't want to marry her because of our future plans, so guide me how to cancel it .
her family members are forcing me to marry and they are saying that if you don't marry then we will suit against you.please help me .thank you
Sheela Jain ..........
23 March 2013 at 11:12
My first Husband has expired and in between us we have one Male child.Now he is 5 1/2 yrs old.My father-in-law pre-planned to remarry again and kept my son with him forcibly.I married 2 months back in one condition that my son will be with me after my remarriage. With my condition he agreed to remarry me .But immediately after my marriage they din\'t give my son back,they cheated me.When I went twice to ask my son they fought with me,abused me and din\'t let meet my child to see and talk.My 1st father-in-law taught my son wrong impression against me.
Before my re marriage my son was living with me and i took care of him for last 5 years. Now my son is not with me and I\'m back to my parents house. Apart from this I\'m so disturbed and left 2nd in-laws place and staying with my parents. Five days back I went again to ask my child, but they ran away with my son,their house was locked and cell phones switched off, their relatives have no answers. I am being cheated in both the ways,
I filed a case of habeas corpus, and the Hon\'rable high court hsa issuer a bailable warrant against my 1st. in-law\'s by 9th April 2013.
At the same time my 1st. in-law staying at Bangalore sent a Notice to my 2nd hossabund\'s house, where I am not staying from last two months.I came back to my perant house, so my 2nd in-law\'s did not accepted the notice,saying that she is not staying here.And my 2nd in-law\'s informed me asit was from civil court notice.
My queries are as below and please me legal advice
1)My 1st.in-law knows I am staying at my perant\'s then why he sent notice to my 2nd.in-law\'s house and what be the intention?
2) My child was forcibly kept my 1st in-law with him,can he filed case for child custody at his jurisdiction.?
3) Is the notice sent by my 1st in-law will be valid, though the high court issued bailable warrant against him?
4) Can I transfer the case in Hyderabad
Amit
23 March 2013 at 05:34
I am a 30 years old man married for 3 years and having a daughter from my marriage. My wife never cared about marital obligations and we have lived a sex starved life since we got married.
We do not have any physical contact from last one year in spite of living under same roof.
Is this appropriate reason for a separation?
If yes, How and where should I apply for the divorce in bangalore(session or high court)?
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Compulsion of presence of applicant in uncontested divorce case
Wife (applicant) from Canada filed a divorce petition u/s. 13 (1) (ia) in family court by made POA (power of attorney) to her father in India. Husband (Opponent) does not want divorce. The following stages are already completed in Court: 1.petition filed from applicant side by her POA 2.Reply given by Opponent 3.Evidence presented from applicant side by her POA 4.Cross Examination of applicant (wife) presented by her POA (wife’s father) 5.Evidence presented by Opponent. Now, the next stage is Cross examination of Opponent. Husband had already describe in his reply that wife be presented in court. I heard many times that applicant’s presence is compulsory in cross examination in uncontested divorce case. But, in this case, wife’s father as a POA had presented in cross examination instead of wife herself. POA (wife’s father) also presented in each date of the case. Does Cross examination of applicant presented by POA is legal in the eye of law? Husband (Opponent) wants to oppose about this. What can Husband do in this condition? In which section/law, it describe that applicant’s presence is compulsory in cross examination of uncontested divorce case though he/she has made POA?