Guidance
Guest
(Querist) 08 January 2012
This query is : Resolved
sir/md.,
thank you to spare some of your valuable time to give guidance for my family issue as below :
my son had married on feb.'11 [his marriage is {10} TEN month old.]
his wife went to her parental home on
i] 31st oct.'11 on pretext to come on fri./sat. but didn't come. we personally went there on 13th nov.'11 to bring in.
ii] again on 5th dec.'11 she went to see her parent and and told to return on thursday but still won't come on pretext of her illness. her parent not in a position to say what illness ?
they [her parent] threaten us if we say anything against them, they immediate file/impose u/s 498A Cr.P.C. on us.
what is the remedy to counter the suit file under 498A Cr.P.C.
her relative also said that you [we] don't understand the meaning of not phoning from their side and not give your phone to girl.
moreover her parent on one pretext to other see that we don't meet their daughter on phone & personally and at the same time don't give even slight inlklin about their intention for DIVORCE. we don.t understand what is in their mind ?
thanking you in anticipation of taking trouble to guide us.
grishma.
[ grish.guddi@yahoo.com ]
Raj Kumar Makkad
(Expert) 08 January 2012
You have not told what transpired between you and your daughter in law or her family members when during the month of Oct 11, you went there to bring her. You even didn't mention what disputes occurred when she again remained 2 months in your house. Anyway, in the given facts, your son should file a petition under section 9 of HMA against his wife. Though this is not a full proof arrangement to avoid the consequences of proposed criminal case but definitely it shall be treated as a bonafide step and the action of the wife shall be treated as a counter blast.
It shall be better to personally go and talk in detail about the differences and sort out those amicably instead of going to court.
V R SHROFF
(Expert) 08 January 2012
Issue notice calling her to join matrimonial home.
+ add that all of you loves her, we used to and assure that we will take care to keep her safe, happy, and that there was no violence, no any dowry demand, and that you visited her house, calling her, and despite your refusal, we once again calling you by this legal notice, to join us.
Sudhir Kumar, Advocate
(Expert) 08 January 2012
Mr Shroff is right. There is something which you do not want to share on net.
Rajeev Kumar
(Expert) 08 January 2012
I fully agree with Mr.Makkad. File RCR under section 9 of HMA
Devajyoti Barman
(Expert) 08 January 2012
Though there is no remedy against FILING 498a case , there is some effective ways to take counter and protective strategies. which are spelt out below.
Initial Protection and line of actions;
Taking right stock of the situation and the probable protective measures make half the battle in favour of the victims which may be detailed herein under.
1. Every instance of marital dispute having the potential of culminating into the Case/FIR should be brought to the notice of the local Police Station through GD.
2. The leaving of the matrimonial home and threatening over phone should be taken with utmost seriousness. The first wise thing would be to leave the place of ordinary residence and take shelter in any place the whereabouts of which is unknown to the wife.
3. Engaging a good lawyer with grasp of the criminal matter should be engaged without wasting any time so he could keep track about the lodging of any complaint.
4. Once the FIR is found to be registered applying for anticipatory bail should be the fist priority as far as the husband is concerned. In most of the states the lower does not cause any problem while granting bail to the in laws.
5. Remaining out of the ordinary place of residence is not at all a crime till the bail is granted. The term’ absconder’ has no application in its spirit and the Police uses this term to show the status of the accused persons.
6. The High Court should be chosen for relief in Anticipatory Bail. The lower courts specially not in Metropolitan cities still do not have liberal view while considering the anticipatory bail.
7. To check the right track of action the victims should be in touch with the local Mens’ Organisation where any misdirection is easily detected and the moral of the victims also gets a big boosting.
8. Once the bail is granted , half the battle is won. All the threat perception revolving around the 498A case gets vanished.
9. That should not, however, make the victims complacent about their case. The victims must take every opportunity to expedite the case. The very purpose of the 498A case to extort money can be negated if the victims puts brave front at the initial time and once that is done the ball will be in the court of the victims to decide how to play the game.
10. Trying to get cozy with the Police by making any type of offer would be absolutely of no help. The Police can only gibe Charge sheet or Final Report. There is no middle place. If charge sheet is filed then there is no dilution of charges . Even if the Police removes some of the charges the de facto complainant can any way apply for addition of charge.
11. During the application for bail and confirmation of bail any type of line of communication with the defcato complainant by the accused persons may prove suicidal. This may be utilized by the de facto complainant to cancel the bail.
M/s. Y-not legal services
(Expert) 08 January 2012
experts given well advise to you.,
even its may be better if you state the reason behind their separation.,
-tom-
Guest
(Querist) 08 January 2012
it may sound funny and one cann't believe. but it is a fact.
her uncle had insulted my son.
so i returned the present valued rs.251/- given to my son in his marriage by her uncle to them as my reaction. thats all.
they didnot like the way i reacted.
ofcourse they came to our house and threaten us to ready for dire consequences for my reaction.
Guest
(Querist) 08 January 2012
sir/md.,
thank you to spare some of your valuable time to give guidance for my family issue as below :
my son had married on feb.'11 [his marriage is {10} TEN month old.].
it may sound funny and one cann't believe. but it is a fact.
her uncle had insulted my son.
so i returned the present valued rs.251/- given to my son in his marriage by her uncle to them as my reaction. thats all.
they didnot like the way i reacted.
ofcourse they came to our house and threaten us to ready for dire consequences for my reaction.
his wife went to her parental home on
i] 31st oct.'11 on pretext to come on fri./sat. but didn't come. we personally went there on 13th nov.'11 to bring in.
ii] again on 5th dec.'11 she went in the name of death anniversary of her father and told to return on thursday but still won't come on pretext of her illness. her mother not in a position to say what illness ?
she [her mother] threaten us if we say anything against her, she immediate file/impose u/s 498A Cr.P.C. on us.
what is the remedy to counter the suit file under 498A Cr.P.C.
her relative also said that you [we] don't understand the meaning of not phoning from their side and not give your phone to girl.
moreover her mother on one pretext to other see that we don't meet her daughter on phone & personally and at the same time don't give even slight inlklin about her intention for DIVORCE. we don.t understand what is in her mind ?
thanking you in anticipation of taking trouble to guide us.
grishma.
[ grish.guddi@yahoo.com ]
p.s.: overall i am under impression that my daughter-in-law does not like this but her mother has emotionally blackmailed her to do so.
Sushil Sharma
(Expert) 08 January 2012
file RCR is only remedy.
advocatesushilpandit@gmail.com
V R SHROFF
(Expert) 08 January 2012
RCS IS NEARLY USELESS.
it does not serve purpose.
Raj Kumar Makkad
(Expert) 09 January 2012
Amicable settlement is the best remedy while coming to know about the facts of your case
prabhakar singh
(Expert) 09 January 2012
so funny incident leading to that a high.Cooling off is needed on either side.
Shonee Kapoor
(Expert) 09 January 2012
oops.
What funny reasons the cases are filed.
Sort it out amicably.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 09 January 2012
GUJARATI akkal vaprine ghar ni vat ghar ma settle kari nakh ne. hu avu ke??
Guest
(Querist) 13 January 2012
sir/md.,
thank you to spare some of your valuable time to give guidance for my family issue as below :
my son had married on feb.'11 [his marriage is {10} TEN month old.].
it may sound funny and one cann't believe. but it is a fact.
her uncle had insulted my son.
so i returned the present valued rs.251/- given to my son in his marriage by her uncle to them as my reaction. thats all.
they didnot like the way i reacted.
ofcourse they came to our house and threaten us to ready for dire consequences for my reaction.
his wife went to her parental home on
i] 31st oct.'11 on pretext to come on fri./sat. but didn't come. we personally went there on 13th nov.'11 to bring in.
ii] again on 5th dec.'11 she went in the name of death anniversary of her father and told to return on thursday but still won't come on pretext of her illness. her mother not in a position to say what illness ?
she [her mother] threaten us if we say anything against her, she immediate file/impose u/s 498A Cr.P.C. on us.
what is the remedy to counter the suit file under 498A Cr.P.C.
her relative also said that you [we] don't understand the meaning of not phoning from their side and not give your phone to girl.
moreover her mother on one pretext to other see that we don't meet her daughter on phone & personally and at the same time don't give even slight inlklin about her intention for DIVORCE. we don.t understand what is in her mind ?
thanking you in anticipation of taking trouble to guide us.
grishma.
[ grish.guddi@yahoo.com ]
p.s.:
after your guidance, we did try every possible way to sort out the problem with them but fail.
they only say - in absence of direct/indirect discussion about this topic - that they don't take initiative to file for DIVORCE . ofcourse we knew that this may be lied like in past.
but, we fail to understand what is their motive behind to say so also don't understand what prevent them to say so ? is there a legally gain if they file it after some time ?
Raj Kumar Makkad
(Expert) 15 January 2012
I think that you are mentally ailing rasing same query again and again even though receiving detailed replies of the experts.
