cpc

498a help


Hi Sir/Madam,

Last year my brother-in-law(husbands brother) got married .
wife and husband are working in different places before marriage and wife agreed to take transfer after wedding and join him .
After wedding they were working in their respective places
My brother in law used to stay with us before marriage and after marriage he started looking for a house as his wife would join him.
Mean time 2 months after wedding we moved to another house and he also took another house to start his family.
except hi /hello we don't have much contacts with brother in law and his wife family

there were only telephonic conversations between husband and wife ,ego /cultural differences started between them and things became worse .During their arguments he says she threatened him and
Brother in law sent a legal notice to her saying that she should sign that she will behave in good manner else she cannot join him .
All these things we didn't know as he was living seperately . One day his wife along with her brother came to us (we met in restaurant as they called us during that time ) and said that she would file police case against her husband if he doesn't accept to start maritial life .
But brother in law says she should write that she would behave normally to the legal notice what he sent .Both of them sticked to their decisions . We couldn't do any thing as both of them are not ready to listen to any one . we thought it would be good if they live happily but thats not in our hands and nor we can do anything.

She filed a 498A after 2-3 interactions in police station with her husband .
suspecting something Brother in law vacated his house and with out telling us moved to a different state and hence she couldn't catch him . Honestly speaking we didn't know his address except he called us and said he moved .

few days after police called my husband and said he is also one of the accussed in 498A
My husband filed RIT as we don't want to spend time in station and also inlaw, brotherin law were not corporating with us . They started living in different state and we have no clue on their address nor we can convince them to appear in PS .

In RIT process our lawyer could get a copy of FIR and FIR cleary mentioned that her husband and father in law demanded for additional dowry and not allowing her to start marital life

then after few days wife came lady police to our house issuing a new notice , that notice has my name in A5 and husband name as A3 . in FIR our names were not mentioned .We went to PS took station bail. Police didn't even ask anything . if he feels we are accussed then he should ask some thing right he didn't ask us anything took some bribe through our lawyer . Just asked about inlaws , brotherin law we said they are in chennai. he asked to us to tell them to come to PS and he is not going to harm them . we said same to in laws /brother in law on phone .

Our lawyer filed a quash on the notice served to us saying I and my husband have nothing to do this case . we were not mentioned in FIR and how they sent notice to us to come to PS.

Mean time inlaws /brother in law managed to get bail and they went to PS . After some time charge sheet is been made and court issued summon to us as they added my name and husband in charge sheet .
Same time we got 482 crpc from HC giving a stay for the reason of circumstance to add our names

so we didn't go to court as our lawyer submitted the stay order . My inlaws and brother in law attended the court .

Now have below queries please clarify

1. Its been more than 2 months our lawyer sent them the HC direction , Niether she or her lawyer attended HC , HC gave 4 weeks time . MY doubt say girl or her lawyer doesn't meet HC at all
so we needn't attend lower court for trail ? is there any lapse time ?
our in laws are saying they were not given charge sheet in court as me and my husband didn't attend
how ever our lawyer got the charge sheet and we know the content now
is it required that charge sheet would be given only if all the accussed visit the court?

2. Say that 498A lady goes to HC judge and says me and my husband harassed her , just by her words HC judge feels that we are wrong ?
will our names be quashed in the case ?


in charge sheet she writes I and my husband along with her husband and in laws harassed physically and mentally . She stays in different state and i or my husband never called her how can we harass her , in trails will court go by her words and believe her? Her mother , husband and SI are witness in charge sheet .if they say i mean she , her witnesses support her will court accept her .
what should we do should we get our call records saying we never called her number some thing like that ? Please tell us say wife says harassed does court believe blindly

in charge sheet she says below things are there which are not mentioned in FIR

1. After marriage in laws , me and my husband went to their place demanded for additional dowry 50 savars gold and 2 kg silver is given.
its all false . Me and my husband after marriage went to 498A lady place accompanying her husband as its customary on ur side to go along with bridegroom .
we went to chennnai and both of us(me and my husband ) went around in chennai and started next day back . we never harassed them we didn't have meals in their home as went to VGP

2. She says gold/silver given during marriage time are with me and my husband in charge sheet
not sure why she wrote like that .I don't even know what gold she has
what proof court expects to support above . she was gifted with 10 lakhs worth gold from our side and its cleary seen in videos.

Please suggest does court believes this false statement


3. she also wrote in charge sheet that she along with her brother came to our house and at that time in laws , her husband were also there , she wrote we all pulled the property documents (her property documents on her name ) from her brother and necked them out of the house and she gave this was at our old house . on the day she mentioned ,long back we were not staying in that house .
in FIR she mentioned she couried her property documents to in laws on a date and in charge sheet she said above both are contradicting . at least we have proof we were not staying at that address
but how to show the proof we never harassed her and her gold is not with us.
what i wonder is when she has 100000 lakh worth gold gifted from our side during marriage what is the need for her to keep her gold with us
how to proof this false statement please help

Court  gave  us (me and my husband_ some direction 482crpc and stay .
Can we avoid attending trails as we have stay for entire period (dono how long this takes) ?
or some thing we need to apply each time or request HC ? what are the various phases in this please explain
 
Also on the charges  1.  harassement   2. her  gold with us   3.  necked her out
 
She  never stayed with us  and  have no contact on telephone how can we harass her  except  hi /hello  on facebook don't have any contact with her
 
i don't know what she gold she has why will she give gold to us  as there are elders (inlaws) didn't understand her motto
 
She never came to us how would be neck her out  she doesn't even know our address i foolishly  told her address when we met in restaurant as  i  though she is lady  some ego clashes will settle very thing soon .
Please let me on quash process and how much her charges weigh on us.  Also what proof  she has to produce in court to  put the false blame of having her gold .
 
 
 
Reply   
 

i am sorry to say that your english is not well . i try to understand you .

in this type of case the court will presume that the victim is right unless proved contrarary . so the burden of proof lies upon you to prove that she is lying.

there is a contradiction between chargesheet and FIR. it seems that she changed her mind after filing FIR.

do you have her address proof like voter card, adhar card , pan card etc. ? from these instruments you can easily show that she did not live with you.

from this it will be easier to prove that you cannot harass her .

 

then the dowry part.....

she might keep her gold in a bank locker. do you have her bank details ? the locker number etc.?  if you can  get these things, it will be easier to show that her gold is not with you.

 

now driving her naked .....

can you manage somebody who is your neighbour or local people who can tell the court that such incident never happen?

 
Reply   
 



Hi Arix,
Sorry  I made  quite lot of typos in my earlier post . Thanks for your quick reply

She herself mentioned  in  FIR saying that  her husband and father in law are not allowing her to start marital life in hyderabad  and  she is residing in chennai and making efforts  for  getting  transfered to hyderabad to join her husband .
They made additional dowry of  5 lakhs and until that is given she cannot join her husband . This is her allegation  in FIR

hence do we need to get her address proofs ?


In FIR she mentioned  harassement is  by  husband and father in law and now in charge sheet  she added  husbands married brother and his wife i.e me and my husbands name.

is it not a  sign of  weakening her case ?
we applied for quash in HC and they gave stay for us .our lawyer gave the HC direction to her and her lawyer  in form of notice
Hence if she never appears  in HC or her lawyer  what would be the final out come ?
is our quash petiton of no use ?


she is gifted gold worth of 10 lakhs  gold  by in laws to her  during marriage and engagement .
we have videos and photographs of above .
what my doubt is when she keeps her gifted articles with her  , what is the need for her to give her own  gold (50 savaras she claims) she owns to me and my husband .

brother in law has recordings where she says the gold gifted  to her is with her  and  she can do anything with it .
may be this helps him for his case 

but if she bluntly says in charge sheet gold/silver given during the time of marriage is with me and my husband .
why would we have that . will any one give gold  to husband 's married brothers  family ?

About giving gold is not mentioned  in FIR.  how can they add this huge statement of  gold with us in charge sheet but not in FIR.

 

Will court appreciate this additional statements  , and these additional ones are not  simple one which could be forgettable  to mention in FIR

I think she started from some thing from scratch and evolved a story  in charge sheet

 

 


 

 
Reply   
 

dear abcd

 

you have to prove 3 things:

 

1] you don't live with her. for that address prrof may be of use. it could add value to the quash petition. if she does not appear in hc, the hc will give ex parte order and may allow your quash petition.

 

2] you have to show that her gold is not with you. for that if you can find out where she keeps her gold and show videoes of gifting her gold, that will add extra value to your quash petition. for this the recordings you mention here may be of use.

 

3] the contradiction between FIR and chargesheet is a procedural error and court may or may not pay attention to it. but if this error is coupled with the proofs i have mentioned above, then court might consider the error.

 

 

 
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LEGAL CONSULTANT

Same query posted today

 
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