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riaz (manager)     17 December 2011

498a case urgent query

Dear friends,


I need very urgent help from you all on my 498A case.

After one year, I had my first hearing in the court today where i got my chargesheet .All the charges are false like asking money,mental & physical torture by my parents ,not having s*x etc....i would like to know few things.

1. What should I do next to defend my case? eg : any counter case which i can do?

2. When will the next hearing be taking place? will it be soon or how much more time? i am loosing my important time in life so exactly in wat duration this case would get over? any rough idea

3. I had applied for returning of  my passport from court but the court rejected my application? what should i do? one of the charge was i would leave her and settle in abroad so may be thats why?

4. I am planning to change my job soon. As in new job they will ask me if i have any criminal or case pending? what should i answer.

5. the gals parents were present in the court even if they were not called? is there any strategy involved? also i feel judge was bought by them coz he was smiling when i was defending myself and there was romours too?


please help me in terms of what should i be do and be ready with to finish off this case quickly.


kindly help me please. I am really sad and depressed about this. Also i am sad for people who have gone through all this..But i am really very young and i have ambition to make great career and life. 


Please help. Thank you from my heart.

 

Best regards,


Riaz



Learning

 5 Replies

adv. rajeev ( rajoo ) (practicing advocate)     18 December 2011

Chargesheet is filed now.  Go thru., the chargesheet and statement given by the wittnesses and discuss with your lawyer. Dont be in tension.  

subhash kulkarni (put in more than 40 years practice)     18 December 2011

dear Riaz,  firstly don't be hyper sensetive. You have to meet the allegations and defend yourself legally. This is not the end of  the world its just a begining. Fortunate, you don't have child/children.,so appears. Coming to

quarry 3: please see Maneka Gandhi case in 1978 AIR (SC) and another case where Bombay High Court held that  court/police have no powers to withhold passport 2008(2) Bom.Cases Reporter, page 514. Thus you can prefer an application for return of your passport.

quarry 4 : Answer should be YES. , instead of facing possible consequences later on. Inform the case no., alleged offences, particulars of court seicen of the matter.

quarry 5: neglect.

As a elder  my suggestion is keep faith in Almightly and pray regularly. It will help .

subhash kulkarni


(Guest)

After one year, I had my first hearing in the court today where i got my chargesheet .All the charges are false like asking money,mental & physical torture by my parents ,not having s*x etc...

Ans: Next your charges will be framed. This will happen after 6 months - One year time approximately

All allegations are generally false. You have to read the charge sheet and see if the charges fall under the umbrella of 498A. They cannot simply mention physical and mental torture by my husband and relatives, This is a very vague allegation. What she considers as mental torture may not be considered as mental torture as mentioned in 498a. Not having s*x does not consititute 498a at all. That is why I say, go through the charge sheet and talk to a good and reliable lawyer.

They simply cannot say that my husband asked for money, IF the husband needs money for some serious/genuine reasons, it is the duty of the wife to support the husband. It does not constitute dowry. For dowry the money asked should be in "CONSIDERATION" for the marrige..

 

What should I do next to defend my case? eg : any counter case which i can do?

After going through the charge sheet and taking to a lawyer, if you feel that the charges do not constitute 498a or you have solid proof that the allegations are false, you can file an appliation u/s 239 of CrPC and raise objections before charge. This application, if dismissed by the lower court can be challegnged in Higher Courts.

Counter cases can be filed only after the evidences of the witnesses are done.  Till that time, a lot of things will change. Have patience.

 

When will the next hearing be taking place? will it be soon or how much more time? i am loosing my important time in life so exactly in wat duration this case would get over? any rough idea

These cases may take a lot to time. SO dont worry. Keep moving. Noting will happen to you now.

 

I had applied for returning of  my passport from court but the court rejected my application? what should i do? one of the charge was i would leave her and settle in abroad so may be thats why?

The court cannot keep your pasport. Challenge the application in HC

 

I am planning to change my job soon. As in new job they will ask me if i have any criminal or case pending? what should i answer.

Private companies do not ask. You clearly say that I am having matrimonial disputes.

Yes, if you go like "phata hua kapda" and like a "bhikari"..dirty and not shaven.and with a very dull and sad face...they will reject you for this reason and not because you are having cases against you.

 

the gals parents were present in the court even if they were not called? is there any strategy involved? also i feel judge was bought by them coz he was smiling when i was defending myself and there was romours too?

The same is in my case, they come even when they are not called. They come to see how pathetic you look. They are happy to see that you look like a bhikari. unshaven, full faced all scared....NOW YOU KNOW WHAT TO DO...they have no business now in the court...they just come to see you cry...

If you go like a hero in the court, his smile will vanish. trust me on this.

Be active, talk to the judge, talk to the public prosecutor and be free in the court. The fear should be theirs and not yours, because, you have already faced the worsed, but they have not...once you face fear it goes...

 

kindly help me please. I am really sad and depressed about this. Also i am sad for people who have gone through all this..But i am really very young and i have ambition to make great career and life.

We all are young and have ambitions. Dont worry. Even if you loose ten years..nothing will happen..you can still become someone like..Bill Gats and steve jobs...Keep moving..


Gautam

1 Like

(Guest)

Riaz, I have something to show you...Please read the lines below:

This is a Poem by Rudyard Kipling. The poem in called "IF"..It was in ICSE..i remember it just now..Take a print and put in in a place when you can read it daily

(This is not only for you but also for myself..I had forgotten)

.IF you can keep your head when all about you 

Are losing theirs and blaming it on you,
If you can trust yourself when all men doubt you,
But make allowance for their doubting too;
If you can wait and not be tired by waiting,
Or being lied about, don't deal in lies,
Or being hated, don't give way to hating,
And yet don't look too good, nor talk too wise:

If you can dream - and not make dreams your master;
If you can think - and not make thoughts your aim;
If you can meet with Triumph and Disaster
And treat those two impostors just the same;
If you can bear to hear the truth you've spoken
Twisted by knaves to make a trap for fools,
Or watch the things you gave your life to, broken,
And stoop and build 'em up with worn-out tools:

If you can make one heap of all your winnings 
And risk it on one turn of pitch-and-toss,
And lose, and start again at your beginnings
And never breathe a word about your loss;
If you can force your heart and nerve and sinew
To serve your turn long after they are gone,
And so hold on when there is nothing in you
Except the Will which says to them: 'Hold on!'

If you can talk with crowds and keep your virtue,
' Or walk with Kings - nor lose the common touch,
if neither foes nor loving friends can hurt you,
If all men count with you, but none too much;
If you can fill the unforgiving minute
With sixty seconds' worth of distance run,
Yours is the Earth and everything that's in it,
And - which is more - you'll be a Man, my son!

Anil Malik (supervisor)     22 December 2011

Excellent guidance by Gautam. I Congratulate. I also follow same  strategy.


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