Amit (Credit manager) 05 May 2013

498a filed 420 to be added

I have been married from 4 years now. And my marriage life had been difficult from beginning. But I never used any kind of abusive language nor had given any physical torture to my wife. Our disagreements or fights were mainly verbal argumentations. After marriage my wife used to stay with my parents for 6 months and I was staying in other city and used to come home on weekends only. After that she stayed with me for approx 1 yr. after that I went abroad and she went and stayed at her parents home and never came back. It's been 2.5 yrs now and in these years I came to India and went back for 2 times but she didn't come to my home. I came back to India last month and she filed an FIR using sections 498a, 294, 323, 114 against me and my parents. For that we have already received an anticipatory bail. Police has not yet submitted the charge sheet. They called us in police station for our statements which they recorded by hand and said they will type the same and get it signed. But they have not done the same yet. Now the police called all of us and threatened us all that my wife is claiming that we have confiscated her jewellery and as a result she wants to amend the FIR and add sections like 420, 406, etc.. As far as jewellery is concerned the truth is she belongs to a family who could not afford to give their daughter any such jewellery. Thinking that my father spent and made the jewellery for her in the marriage. Which we can prove as well. And when she left our home she took half of the jewellery with her at that time. Her remaining jewellery was with us. And in these 2.5 yrs when she was staying at her fathers house, we used to speak to each other on phone. And in that period I required some money and I used her 2 gold bangles by her own permission on phone thinking that the jewellery is anyway made by my father. Rest of the jewellery is still with us. For that 2 gold bangles also now we are ready to compensate if required. Now my question is can she add these sections to her FIR and cancel our AB. In addition police is threatening us of taking on remand. But why remand when we are ready to give her jewellery (which by the way is made and given by us) and compensate for the 2 used bangles. Please guide.

Thanks

amit

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1 Replies

Advocate Ravinder (Advocate/Attorney) 06 May 2013

Dont worry. Even if they add 420 and 406 the same procedure will have to be followed. Merely by adding nothing will happen, it has to be proved in the court of law. But right now you have to face embarassment of arrest. Even for that also you can apply for AB. Try to convince and settle with the Police officials that all this is being done is to harass you and your family members. Even then they add the section, then engage good experienced lawyer. Do not lose your self esteem. You should not bow your head before your wife. Go on defending. On or the other day they will come to understanding. nowdays these cases are common and the section are misused by the wifes.