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Slappedby498 (Analyst)     07 May 2012

498a and 3/5 dowry prohibition act

I got married on 10-Feb-2010 arrenged, and we blessed with a baby boy on 25th-Dec-2010, since marrige we(My wife and I) are living in mumbai. My wife and I had some littile arguments in some issues, but On 16th-feb-2012 we had a argument badly, after our fight she called to her father and her elder sister that she doesn't want to live with me and I have beaten her a lot.
 My father in law(lives in Bihar) who is a govt. veterinary doctor has some contacts through that he called to the mumbai police, police came in my house and asked to my wife (infront of me) that she wants to file complaint againts me or not. she tols she will ask to her father, she called her father and told to police officer that yes she wants to file a complaint. police told me to took her police station, I took her police station and she did NC againts me that I have beaten her. after that my father in law told to police that ask me to book a flight ticket and send her to her parents home. I booked the flight ticket mumbai-Patna and she went her parents home on 17th of feb with my kid.
 after this incident they were calling a lot and abused, harrashed me and my parents a lot. and one of our family mediator informed me that they made a false medical cerificate from a govt doctor to file a case.I submitted one application about the incident to police station here in mumbai on 22-Feb-2012.
 
I got a call from Mohaniya Police staion that my wife has filled dowry harrasment(498A and 323) case on 4th-Mar-2012 againts Me,My Parents, my sister and her husband, he was telling me that come here and get the bail otherwise we will come to mumbai and arrest you.
 
After this call I called to a lawyer and given the number and name of that police officer, and asked him to inquire abt the FIR.

We have proceeded for AB, and in bihar for AB both girl and boy shoud appear infront of the honble judge, the given date for me is on 28th of May 2012, but the lawyer coudn't manage to get stay on arrest warrant order, they(My inlaws) went to my sister's home and arrested my sister's husband from office, my sister's husband went for jail, we applied for regular bail but My lawyer informed me that it got rejected by CGM today, then he will file bail petition tomarow for distric court, My lawyer assuring that we get bail on wednesday and after the bail of my sister's husband, My lawyer will file AB for rest of the family members. they(My Inlaws and Police) are searching my for sister too and police wala has asked me 50K for not arresting My parents and sister but irefused it, would he harm my case for preparing charge sheet, case diary bla bla.

Please help for my next step.
 
Today I read in news papare that i can use "1971 (maharashtra vexatious litigation [prevention] act 1971" but how can I for 498A and 3/5 Dowry prohibition act. dont know,
 
 



Learning

 22 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     07 May 2012

Hopefully he would get bail soon.

 

And your lawyer is right AB should be applied later for all other members.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

Slappedby498 (Analyst)     07 May 2012

Thanks for your prompt reply Mr. Kapoor, what is the diffrence between 498A and 3/5 Dowry act(Bihar), may I send emails to your email id, for personal query?

Slappedby498 (Analyst)     08 May 2012

My arrest warrent has been issued to my native bilaspur address and i am staying in mumbai can police approch here to mumbai? my office address has been mentioned in FIR.

Slappedby498 (Analyst)     09 May 2012

I have submitted one application here in police station about the incedent should i sedn an email to bihar police officers?

Slappedby498 (Analyst)     10 May 2012

In FIR she has mentioned that we kept her cloths and jwelary, should i ask to police to register 406 too???

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     10 May 2012

You can always approach for cancellation of warrants.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Slappedby498 (Analyst)     10 May 2012

Please let me know how can I approch for cancellation My date is AB for 28th may?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     14 May 2012

Apply in the higher court than which issued the warrants.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Slappedby498 (Analyst)     15 May 2012

Warrents has been issued from Lower court and we applied AB application to session court, but my lawyer informed me that the date for AB is on 28th May, he couldn't manage to get stay on warrent for me, honrable judg told that "In 498A case stay on warrent would not be given to main accused". now should I approch to high court to cancellation of warrent?

Vishwa (translator)     15 May 2012

Apply in the higher court than which issued the warrants.



Regards,

Dear Shonee,

It is very easy for you to give such laconic advice to one and all but you must understand that for a non-lawyer person like me and many others, it is sheer torture and struggle to take up even the simplest legal proceedings. Even to get a letter typed or to make photocopies is  big hassle; In the above case, perhaps the person has to travel many hundred kilometres even just to reach the so called higher court. Then there is the question of stay, finding the money and a multitude of problems. I do not think you understand the pain, mental stress and agony involved in these things or else you are callously indifferent to these, If you cannot provide any real relief or comfort to the litigant, you would do better to keep your one line advice for your paying customers.

Best regards

Vishwa

Slappedby498 (Analyst)     16 May 2012

After My Sister's husband bail,

My Lawyer filled AB for my sister yesterday and today he informed me that argument has done and it postponded till 28th may, Please let me know is that happening in Bihar that AB request has been prosponded? or My lawyer is making me fool?

Slappedby498 (Analyst)     22 May 2012

someone told me i can use 205 insted of AB please let me can apply for 205??

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     23 May 2012

205 is personal exemption from presence.

 

It is by no stretch of imagination something which can be used as a substitute for BAIL>

 

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     23 May 2012

Vishwa Sir,

 

Person who is doing his queries on this forum, would understand some basics of law, if he is not clear, he can ask further clarification.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

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