Member (Account Deleted)
05 July 2014 at 23:23
Dear Experts,
I am one of the many victims of false 498a and DV case. However my story is below.
1. We both knew each other since 2007 through internet social networking site. We met for the fist time in the year 2010. She had invited me to her home town while I was returning from my brother's wedding. I was then staying in another city as I was working. She was a student then.
2. We we were just friends she often use to ask me to transfer some money to her account stating that her father was not able to finance her studies.
3. We met each other in the year 2010 and stayed in a hotel. She was living with her family at that point of time but preferred to stay with me in a hotel.
4. When I returned to the city where I worked she approached me stating that she is willing to work and support her family. I tried to help her and got her a job.
5. I paid for her travel expenses. As she stated that her father's financial condition was not good and she will pay me back when she starts earning.
6. We both started living in a live-in relation. She stopped working and going to office after 15 days and I had to bear all her expenses.
7. She never took any money from home as I was earning and was able to financially support her.
8. This continued for two years and then one day she wanted to join office. I took her for few interviews and she got placed to one of my previous company.
9. She never financed any expenditure for home. Rather developed a habit of smoking and drinking.
10. She worked their for 13 months and due to problems with her supervisor she resigned the job and asked me to place her to my company.
11. I used my employee referral scheme and got her placed. She however could not work there for long and had to repay about 41k back to the company which was refunded by me.
12. Her father had developed a tumor in the liver and was supposed to be operated and I had to spend about 75k for the same. As a result whereas her father was not ready for the marriage soon agreed.
13. She spent sometime in her hometown and I decided to get my mother and live with her. She found this as a major road block and decided to return.
14. She joined another company but again problems with her supervisor she decided to resign again.
15. I was in the same month got transferred to another state and she accompanied me there.
16. In the month of December 2013 we both got married. Marriage is however not registered till date.
17. From the very first month she started putting demands on my head thinking I was earning a huge amount of salary.
18. Demands were
a) To pay her educational loan.
b) To pay her brother's educational loan.
c) To pay for her father's house building loan.
d) To pay for her LIC.
e) To pay for her father's loan which he incurred when he was ill and was operated.
f) To pay for her credit card bills.
g) To make her as a nominee for my PF and Gratuity.
h) Finally to abandon my mother and stop supporting my brother.
19. I tried my best to explain her the situation but she never seem to accept and started taking anti pregnancy pills. I did not understand in the beginning but when one day I came home early and suddenly opened the door I found her in a video chat with a guy completely nude.
20. When I demanded an answer for the same she denied and I separated from her and started living in a different room in the same flat.
21. She did not bother about that and started smoking in front of my mother. When my mother demanded an answer for her such behavior she abused my mother and use body force on her.
22. I was mad at her but did not lay a finger on her. But called for her parents in the month of April 2014.
23. To my surprise when they came here I found that such behavior was implanted on her by her parents and they said listen to my daughter's demand else face consequences.
24.They stayed for 8 days and then finding that I was not compromising with them they vacated with all her belongings and left for their hometown. Before leaving they gave me a 15 days of ultimatum to decide and listen to their demands.
25. After finding that I am not bowing down to their demands they started sending me emails and blaming me for everything including harassment and dowry.
26. They called me and abused be and my mother repeatedly. Suspecting their act of false case I made a police dairy with all the details.
27. In the month of May 2014. I received a call from her with a threat of false 498a and DV. I immediately applied for divorce and the notice was sent on June 2014.
28. After received the notice they retaliated with false DV case asking for maintenance and also for false 498a.
29. However I was sent a notice only for maintenance claims. In which she stated that she had visited her parents in the month of February 2014 and I traveled their to put my dowry demand of 5 lakhs.
30. She had also entered that she had given a dowry of 3 lakhs in form of cash, jewelry, furniture etc. on our demands.
31. She have stated that she was the one who called for her father and mother.
32. That she was confined and was not provided food and also was not allowed to talk to her parents.
33. That I physically tortured her instigated by my mother.
34. That I have illegal relation with one of my neighbor who's name was not disclosed.
Facts :-
Below are the facts.
1. There was nothing given or taken during marriage. It was me who demanded that the marriage should happen in a court and with limited number of guest to stop wasting money.
2. She was given full freedom to use my laptop, post paid SIM card which was in my name. There were three SIM cards in my name one is used by me , one by my mother and another one was given to her.
3. She was the one who had performed actions of adultery and not me.
4. She was never confined as she regularly participated in Birthday Parties, Holi Festivals, Family fun outings etc. etc.
5. I never took up any travel to her hometown after my marriage. Infact even she was with me during the month of February 2014.
6. It was me who approached her father and brother though SMS and informed them about the situation.
7. That I had to bear all the expenses for he study loan, Credit card bills, phone bills, and all other expenses.
Evidences :-
1. Both her and my call records to prove that she never visited her parents in the month of Feb.
2. My bank transactions to show that I was within my city limits.
3. Email conversations that they were threatening me of consequences.
4. Google and other chats showing that the dowry blame was false and no harassment ever took place. All happened in the month of June.
5. My neighbors who witnessed that it was her who was harassing me and my mother.
6. SMS from her father sent to my mother and brother threatening them.
7. Chat logs with my wife stating that she never ever had any doubt on my character.
Help Required :-
1. Now that I have few evidences to prove my innocence. Do I still need to apply for AB or I can provide these to the PS?
2. Now with the new Supreme Court direction no arrest can be performed without investigation will these proofs hold good.
3. I can prove that she lied in the affidavit.
4. She stated my salary which is incorrect and also she is well educated with working ability and earn equal salary as me but she is not working to earn easy money.
4. I can prove that she was medically prescribed that she goes under medications as she was detected with cyst in her ovaries which makes her difficult to conceive.
Can you please suggest if any other step I can or need to take to prove that its not me but its them who are guilty.
Important Dates :-
Month of Marriage - December 2013.
Date of Separation - April 2014.
Date of 498a - Between 25th June to 5th July.
Member (Account Deleted)
05 July 2014 at 23:11
hi,i was given appointment as civil judge in general category in dec 27 ,2013.i joined on 9-2014.i am presently undergoing academic training since last 6 months.however recently a writ petition has been filed against me by a girl belonging to the reserve (sc) category that the seat allotted to me should have been allotted to another guy belonging reserve(SC)category because he has secured more marks than me in the examination and interview and despite that he has been given appointment on reserve(SC)category seat.And the seat belonging to the guy in reserve(sc) category should have been allotted to her as she is kept in the waiting list.Now I know that my appointment is erroneous( according to law laid down in Ramesh ram and othrs vs union of india a meritorious reserve category csndidate should be given seat in the general category) but I was offered appointment without any fault on my part.a judge's appointment is made by state govt in consultation with high court and public service commission.they erred in giving appointment.now my question is can I be removed from service without any fault on my part.i have already spend more than 6 months in training.as a result of my appointment I could not appear in judicial exam of 2014.so in short my 1 more year was wasted. now my question is what defence is available to me for saving my job?also if I am removed from judicial service can I claim damages as I was not at fault it was the govt,public service commission and high court which were at fault while making my appointment.i never asked for any appointment.it was they who offered me appointment.if yes how much damages can be awarded to me?i am yet to file my reply in the writ petition filed against me.if there is any law in my favour for saving my job kindly provide me the citation.thank you
naveenraj jain
05 July 2014 at 22:52
Respected sirs
A sale agreement was executed and total amount mentioned in agreement was paid and meanwhile few documents were necessary to execute sale deed. So the seller demanded one lakh more which was agreed by both parties. And eventually 75000 was paid n balance 25000 later the same was entered in the sale agree:ment. Now it is more than a year the seller throws his hand in air saying he could fetch the necessary docs cos officials are asking big money. What should the buyer do now
Pradeep Nandlal Dave
05 July 2014 at 22:09
1)My father has a flat at Kandivli,Mumbai, Maharashtra State. 2)In the Purchase Deed of this flat, there are joint names of my father and mother.
3)After the death of my mother, he has got transfered the flat in his name.
4)Is it legal?
5)My father has 4 children.
6)Can these children has any right in share of mother Or father can be automatically became the only owner of the whole flat.
7)Mother has not made any Will.
Please guide me.
Sri
05 July 2014 at 20:38
Wife has filed 498a and dv case .Chargesheet has not been submitted in 498a and dv is at interim stage .I need to go abroad for official work for 2 months ,so do I need to take permission or inform the dv court about my travel ?
Also I have changed my address after 498a .do I need to inform this to the IO ?
JEGADEESAN
05 July 2014 at 20:05
Dear Sir,
I wish to clarify a doubt regarding cancellation of MOD.
Normally Banker asks to register the MOD on immovable property in respect of the loan given by them.
If the loan is closed after particular years then how the MOD will be closed ? What is the procedure to be followed by the borrower to remove the holding of banker(Cancel the MOD) in the records of Registrar ?
shashikant gharge
05 July 2014 at 19:58
Respected Experts
in 1999 i purchased a house from one person I paid full amount through cheque.he gave me possession of house(Sill iam living in that house)but that time any type of paperwork was not made.afterthat party avoids to make sale deed recently before months he agreed but demands 8 lakhs more.i agreed and pay him 3 lakhs and made a registered sale agreement and agrred to pay remaining 5 lakhs in two months.but due to improper documents of that property bank do not sanctioned my loan and i could not pay him within two months.I make some other arrengements but now he is not agree for sale deed he demands mre money please advice me in this situation what to do?
KK
05 July 2014 at 18:43
We are defendants in a family property case in City civil court, Mumbai.
The preliminary issue framed by us was that the case be dismissed due to wrong jurisdiction.
The Judge has asked us to file a notice of motion for that. What does that mean?
Member (Account Deleted)
05 July 2014 at 18:04
Dear Sir/Madam,
I am from Tamilnadu, Hindu family (Thiruvallur District):
My inherited grandfather’s land partition was held in year 1984 with my father and his brother also my only brother (deed with 3 persons), when I was 6 year old only minor daughter and my brother also 3 year old minor. But my brother name only mentioned in the deed without my name also my father singed himself and behalf for his minor son (3 year old). I was married in the year 1998. Can I claim equal share same as my father and my brother in this land as per Hindu amendment law 2005? Hence, I kindly ask you give me advice to claim my share.
Thanks,
Sujatha
Ajay Itakikar
05 July 2014 at 17:51
I pointed out the false affidavit and filed a seperate complaint against the plaintiff in a civil proceedings. Hon.Judge did not take any cognisance but keep the same number as that of case and call me (the complainant) on the same dates as that of original proceedings. What should I do to take the congisance or let that Hon. Judge should file a new criminal complaint case? as my complaint is nearly 2 years old.
False 498a and dv filed against me and my mother
Dear Experts,
I am one of the many victims of false 498a and DV case. However my story is below.
1. We both knew each other since 2007 through internet social networking site. We met for the fist time in the year 2010. She had invited me to her home town while I was returning from my brother's wedding. I was then staying in another city as I was working. She was a student then.
2. We we were just friends she often use to ask me to transfer some money to her account stating that her father was not able to finance her studies.
3. We met each other in the year 2010 and stayed in a hotel. She was living with her family at that point of time but preferred to stay with me in a hotel.
4. When I returned to the city where I worked she approached me stating that she is willing to work and support her family. I tried to help her and got her a job.
5. I paid for her travel expenses. As she stated that her father's financial condition was not good and she will pay me back when she starts earning.
6. We both started living in a live-in relation. She stopped working and going to office after 15 days and I had to bear all her expenses.
7. She never took any money from home as I was earning and was able to financially support her.
8. This continued for two years and then one day she wanted to join office. I took her for few interviews and she got placed to one of my previous company.
9. She never financed any expenditure for home. Rather developed a habit of smoking and drinking.
10. She worked their for 13 months and due to problems with her supervisor she resigned the job and asked me to place her to my company.
11. I used my employee referral scheme and got her placed. She however could not work there for long and had to repay about 41k back to the company which was refunded by me.
12. Her father had developed a tumor in the liver and was supposed to be operated and I had to spend about 75k for the same. As a result whereas her father was not ready for the marriage soon agreed.
13. She spent sometime in her hometown and I decided to get my mother and live with her. She found this as a major road block and decided to return.
14. She joined another company but again problems with her supervisor she decided to resign again.
15. I was in the same month got transferred to another state and she accompanied me there.
16. In the month of December 2013 we both got married. Marriage is however not registered till date.
17. From the very first month she started putting demands on my head thinking I was earning a huge amount of salary.
18. Demands were
a) To pay her educational loan.
b) To pay her brother's educational loan.
c) To pay for her father's house building loan.
d) To pay for her LIC.
e) To pay for her father's loan which he incurred when he was ill and was operated.
f) To pay for her credit card bills.
g) To make her as a nominee for my PF and Gratuity.
h) Finally to abandon my mother and stop supporting my brother.
19. I tried my best to explain her the situation but she never seem to accept and started taking anti pregnancy pills. I did not understand in the beginning but when one day I came home early and suddenly opened the door I found her in a video chat with a guy completely nude.
20. When I demanded an answer for the same she denied and I separated from her and started living in a different room in the same flat.
21. She did not bother about that and started smoking in front of my mother. When my mother demanded an answer for her such behavior she abused my mother and use body force on her.
22. I was mad at her but did not lay a finger on her. But called for her parents in the month of April 2014.
23. To my surprise when they came here I found that such behavior was implanted on her by her parents and they said listen to my daughter's demand else face consequences.
24.They stayed for 8 days and then finding that I was not compromising with them they vacated with all her belongings and left for their hometown. Before leaving they gave me a 15 days of ultimatum to decide and listen to their demands.
25. After finding that I am not bowing down to their demands they started sending me emails and blaming me for everything including harassment and dowry.
26. They called me and abused be and my mother repeatedly. Suspecting their act of false case I made a police dairy with all the details.
27. In the month of May 2014. I received a call from her with a threat of false 498a and DV. I immediately applied for divorce and the notice was sent on June 2014.
28. After received the notice they retaliated with false DV case asking for maintenance and also for false 498a.
29. However I was sent a notice only for maintenance claims. In which she stated that she had visited her parents in the month of February 2014 and I traveled their to put my dowry demand of 5 lakhs.
30. She had also entered that she had given a dowry of 3 lakhs in form of cash, jewelry, furniture etc. on our demands.
31. She have stated that she was the one who called for her father and mother.
32. That she was confined and was not provided food and also was not allowed to talk to her parents.
33. That I physically tortured her instigated by my mother.
34. That I have illegal relation with one of my neighbor who's name was not disclosed.
Facts :-
Below are the facts.
1. There was nothing given or taken during marriage. It was me who demanded that the marriage should happen in a court and with limited number of guest to stop wasting money.
2. She was given full freedom to use my laptop, post paid SIM card which was in my name. There were three SIM cards in my name one is used by me , one by my mother and another one was given to her.
3. She was the one who had performed actions of adultery and not me.
4. She was never confined as she regularly participated in Birthday Parties, Holi Festivals, Family fun outings etc. etc.
5. I never took up any travel to her hometown after my marriage. Infact even she was with me during the month of February 2014.
6. It was me who approached her father and brother though SMS and informed them about the situation.
7. That I had to bear all the expenses for he study loan, Credit card bills, phone bills, and all other expenses.
Evidences :-
1. Both her and my call records to prove that she never visited her parents in the month of Feb.
2. My bank transactions to show that I was within my city limits.
3. Email conversations that they were threatening me of consequences.
4. Google and other chats showing that the dowry blame was false and no harassment ever took place. All happened in the month of June.
5. My neighbors who witnessed that it was her who was harassing me and my mother.
6. SMS from her father sent to my mother and brother threatening them.
7. Chat logs with my wife stating that she never ever had any doubt on my character.
Help Required :-
1. Now that I have few evidences to prove my innocence. Do I still need to apply for AB or I can provide these to the PS?
2. Now with the new Supreme Court direction no arrest can be performed without investigation will these proofs hold good.
3. I can prove that she lied in the affidavit.
4. She stated my salary which is incorrect and also she is well educated with working ability and earn equal salary as me but she is not working to earn easy money.
4. I can prove that she was medically prescribed that she goes under medications as she was detected with cyst in her ovaries which makes her difficult to conceive.
Can you please suggest if any other step I can or need to take to prove that its not me but its them who are guilty.
Important Dates :-
Month of Marriage - December 2013.
Date of Separation - April 2014.
Date of 498a - Between 25th June to 5th July.