rajeev
18 July 2015 at 13:40
I am a Canadian National and my wife is also a Canadian National. After she lost her case in Canada she came to India and files a fake 498a, 3/4DPAct, 406, 420, 504 & 506.
For last 2 years I am stuck in India fighting this case, there are only three main witness and 5 police office. My trial is ordered to be day to day. The siting Judge in my case doesn't give a crap about my case, my livelihood or for that matter anything else. Here is my doubt that he is biased or has been bought over.
When the questioning of my wife was going on, one day while my lawyers were asking question to my wife, the Judge stopped the questioning and he advised us that we should file all the evidence and then ask the question. 4-5 days later we went to file all the evidence, on that day he said " that I came fro a civil court and I don't know all the criminal rules and I have made an mistake" the evidence can't be submitted now, it can only be submitted later. We had no choice but to accept his stupid reasoning. Again we went back to questioning and after few minutes he told us we can't ask this and that and he closed her questioning. Even at that time I told my lawyers to file a complaint or move for TA but they advised me to wait.
1- He has set my trial every day at 3:00 pm...but my trial never start before 3:30 and by 4:00-4:15pm he closes the hearing for that day. My advocate has requested him so many that please reschedule the timing to anytime in the morning but he has refused time after time.
2- Every request we make he turns it down even if our request are 100% genuine.
3- I got bail from ADG courts about an year ago on producing two Jamanatdar who has to produce assets worth 1 lacs, I had to sign a personal bond worth 80000.00 and give a guarantee of my house. I provided YELLOW CARD, on that basis the ADG granted me bail.
4- 2 Months later on the same basis my Canadian passport was released. He never asked me to verify my Yellow Card or get the Valuation of my house done.
5- The earlier order states that every time I have to go out of India I can request the trial Judge for the permission to go.
6- 30 days back me and my lawyers told the Judge that there a court date coming in Canada and I would like to go and attend the court date.
7- He told us to file an application and he will grant me permission.
8- 4 days back I submitted the application. I submitted Canadian court order, my travel tickets, hotels and car rental receipt etc to him with my application. My ticket was for 16th, the Judge knew about this.
9- I did all this on 13th of this month, 14th he didn't show up in the court. On 15th he told us to get the Jamanatdar verified, we did that....the was out of the court from 3:00pm till 5:45pm, he came back to the court, we were waiting for him, He told us that the Jamanadar are okay and we can leave and next day we will get the order.
10- On 16th at 3:00pm sharp we went to the court, the Judge was no where in the court. he came at 4:56pm and signed the order. The peon came and gave us the order and while we were reading the order we saw that the Judge quietly was leaving from the back door. HE HAS REFUSED THE ORDER FOR ME TO TRAVEL OUT OF INDIA. IN HIS THREE PAGE order he has accepted all my documents etc and he has given only one reason for cancelling my application. He states that my yellow card is not legal documents as it doesn't give the valuation of my house.
11- The earlier order which was passed by ADG had accepted the same yellow card and this Judge who is much lower than ADG refused my request.
12- In his order he has mentioned that this trial is supposed to be day to day and at the same time he gives and order on 16th and he gives the next date for 28th of this month. He contradicts his own statement in his given order.
13- As I said I a Canadian National and I have almost no money left and don't know what to do, the Judge won't let me go to Canada to attend my court dates as my wife is in Canada and she is filing motions after motions in Canada alleging that I am not coming back to Canada and I am the one who is delaying the trial in India and in Canada.
14- This is after my wife is the one who has filed the same case against me in Canada first and then in India. I am being tried for the same crime in two country at the same time.
15- I am really frustrated, broke away from Canada since November of 2012. I do not know what to do......I really think this Judge is not going to listen to anyone of my reason. My wife hasn't even produced one documents or any other evidences which can prove that I am guilty. I have dozens of documents, photographs, videos, banks transfer receipt etc etc which will prove that my wife is 100% lair and all her case is only based on VERBAL ALLEGATION.
16- Please guide me.........what are my options. Where can I file complaints against this Judge. Earlier when we had filed for TA (because of the 3:00 pm rule) the CJM has refused by saying that all the courts are very busy.
I am really stuck and if this keep going on he will hang me.
Thanks.
Harsh
18 May 2015 at 02:48
Dear sir,
My query is as follows:-
1.FIR WAS LODGED AGAINST ME UNDER SECTION 420 AND 406 IN THE YEAR 2006.
2.I applied for anticipatory bail in high court which was granted subject to condition deposition of rs 5 lakh to the complainant in the presence of investigating officer within 15 days which shall be finally adjustable.
3.I complied with the same condition to take anticipatory bail.
4.Now i am acquitted from the case as the complainant and state could not prove anything in the court.
5.Its been more than 3 months and no appeal is filed against the aquital order .
Now i want to know how can i get my rs 5 lakh back from the complainant.What steps should i take???
Should i move an application in high court by whom direction it was deposited or should i move an application in lower court for direction???
Pls suggest i would highly thankful to all of u.
umesh
07 January 2015 at 17:48
Sir,
My sister DV case pending in Mumbai court .
Now maintenance application and u/s 91 – Application is pending .
In this feb month matter on argument stage.
But I think my advocate is not done argument properly . so can I possible to argument on behalf my advocate.
In absent on my advocate is that possible I am argument to opposite party .
I have good knowledge of MY Sister DV case .
I know the rule of DV Case .. .i am already study this case .
If yes what is the process .
Please help me .
Regards,
Umesh
Member (Account Deleted)
28 November 2014 at 11:28
Dear Sir,
Is there any judgement or directive by supreme court that if husband want to file section 9 and child custody case against wife who has already filed divorce in another city,husband is required to deposit Rs. 10000/- per case in the court in the name of wife and only then his case will be admitted for further proceedings.
Sanjay
28 October 2014 at 14:00
The case is of multiple dying decelerations,
First "I was cooking food in kitchen, my clothes caught fire, I shouted and my husband came from other room and extinguished fire with help of water bucket and brought me to hospital" This statement is given in presence of IO and Medical Officer who gave MLC and mentioned the same on it.
After three days the other statement "on the day of incident my husband was quarreling with me since morning and at at 12 noon when I was cooking food in kitchen he came there and poured kerosene oil from cane and put me on fire he waited until I was burnt 70% and then poured kerosene oil on me.Some people gathered around my house I asked them to help but they didn't helped me. My husband threatened me not to disclose this to any body otherwise I will cut your children like a goat. that is why I gave the first statement."
On the above statement case U/S 307, 498a & 506 were registered.
During process of investigation the husband also tried to burn himself on the same day at about 8pm. A separate case U/S 309 IPC was registered against him.
One of the witness disclosed that she was sitting with the deceased on the day of occurrence and she had cooked all food in kitchen in her presence and her husband was not at home till 12 noon.
Police again went to the deceased and she changed the statement "I and the witness (Who was present with her) were sitting in a room outside. My husband came from market at 12 noon and the witness went away. My husband was drunk, I told him to rest he said I will make you rest and went to kitchen and brought cane of kerosene and I was shocked as i never expected that from my husband he locked the room and poured the kerosene and let me on fire.My husband threatened me not to disclose this to any body otherwise I will cut your children like a goat. that is why I gave the first statement."
The second statement is also given in presence of Medical Officer but MO has never examined the descended and when she was admitted in Hospital.
There were two compromise statements of quarrel between husband and wife which was not being put into record but police has attached both with charge sheet.
There is also negligence of recoveries as recoveries are not valid.
Mother of deceased stated that Her husband suspected her and gave her beatings, she disclosed that she was put on fire by her husband at kitchen ... the second statement which is also not same.
Brother of deceased stated that her husband used to give her beatings and she was put on fire by her husband in room...the third statement.
There is also video of third statement but statement is not given in front of IO or any Medical Officer.
There are 32 prosecution witnesses and 1 defense which was at hospital with deceased at time of second and third statements stated that she was tutored by her mother in my presence to give statements against her husband.
There are no any other quarrel between both husband and wife after compromises.
There is no medical examination of deceased that she was being beaten by her husband.
The witness who was sitting with deceased in third statement given by her died before trial.
The second statement is being put on charge sheet as true but the third statement is also there but first statement is not in charge sheet only police report is there for same.
There are no any medical records except MLC and the autopsy report which states that she died due to post burns, Shock, MODS.
Other neighbors of deceased and mother in law which of deceased stated that her husband and she lived peaceful and happy life and never quarreled where as her mother in law which was also prosecution witness also disclosed that the deceased mother often visited at deceased house and forced my son to work at some other city and reported false complaints against him by tutoring deceased.
There are no any other spot witness.
What Can be Verdict?
Please Answer
The person is convicted for the term of life .......... however I will narrate it in depth.......how the things are being modified to convict an innocent person.
Mustafa Bhat
15 July 2014 at 18:26
In my 498A & 406 case filed by my ex-wife had two IO both examined.
IO 1 who initially handled the case, said that the complainant submitted the list articles/ ornaments after almost 1 month of FIR & didnot submitted the vouchers even though she was asked to submit.Neither she was available to accompany at the house accused to identify her belongs .
So, what is crediblity of such RPC 406 case
IO 2 the accused made complain to IGP against me & said "I have divorced the lady 1 year back so 498A doenot hold for me"
Then I examined the witness of divorce deed & recorded their statement also.
When my counsel asked than why You filed 498A , the IO 2 replied sending Talaq to a lady is also cruelty & belongs of the lady are still with accused.
IO 2 also said the lady was asked to give the vouchers of her articles/ ornaments for which she has given the list, but she didnot gave the vouchers.
So, what is credibility of IO 2 Statement & what Impact it will have on 498A & 406
rimi
09 April 2014 at 02:08
i have discussd my case earlier .i m givng link below. http://www.lawyersclubindia.com/experts/Divorce-case-457471.asp#.U0RfCaiSySo
what should i go for 498a/b/c. what is the difference between the three?
i have read at this forum that in case of 498a cases sometimes ur lawyer and the accused connive to make a wifes case weaker. what should i do to prevent it?
i hv evidence on audio/ video/ photo/. what should i do to protect it from my husbands side in case my lawyer asks for original copies to get it verified or some other way? he may destroy it or give it to in laws?
if he is prosecuted or somehow he loses his job, can he claim maintaince frm me? i m working bt dnt earn much and have a child who i hv to look aftr.
all my jewellry i hd givn thm, i askd once for it bt they refused, thn sudnly my in laws said it is with u. we nvr ook it. how can i get it back?
Victor
21 March 2014 at 15:46
498a wife compromised but currently went out to attend prayers in a prayer tower in Hyderabad & yet to return.Her parents,friends,husband are unable to say where she is. Hoping she would return to her parents or husband place soon on her own ,& she also switched off her mobile .
Recently her mother taken to psychiatrist for making her to lead a normal family life instead of moving out of home to different prayer centres. The treatment she herself stopped citing her own reasons and now she seems to be not reachable.
Is there any legal impact to husband and his parental family? What action to be taken by husband legally apart from searching ?
Experts kindly advice.
Magee
06 February 2014 at 15:00
Dear All,
I want to ask you if my husband working in Out of India & then i file a D.V case in India so his Work Permit possible to cancelled.
If yes after D.V case file what is the process.
Please help me .
Thanks,
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