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498A__misused (Sec)     29 September 2013

Help in planning strategy

Got married in Dec-2011 in Haryana.

Before marriage , during marriage or after marriage we never demanded anything , Neither 498A gang has given any customary Articles to there daughter (like Jewelery , TV , Fridge etc) , We were ok with it. 

After 4 Months marriage got registered and both side parents , myself and 498A b***** given affidavit that No dowry is demanded or given by any party.

In Dec-2012 I filled divorce under section 13 , (Mental Cruelty)  and summons are server for the same.

After 30 days of  receiving summons she filled complaint in Police Station and we were called by caw cell. Where we mentioned that we have already applied for divorce and matter is pending in court.And FIR get logged  against me and my family members.(parents living seperately and married sister and brother in law  working in USA and setteled in USA before my marriage)

We have applied of Anticipatory Bail (Mine is rejected by session court  , so applied in higher court and Parents bail is pending in session court, they have received stay on arrest during pendency of bail in session court. )

Parents have joined the investigation and given there Bayan to I/O.

 

 

 

 

1. What is right time to attack on this 498A Gang by filling counter case once we all get AB. Shall we wait for challan / charge sheet .

2. What is right time to apply  for quash for parents who are living separately , Married sister and brother in law living in USA?Counter Attack should be filled after we get quashed for parents and sister and BIL. ?

 

3. What case can be filled against her,her father and her mother , As on one side they have given affidavit during registration of marriage "no dowry demanded and given " But now in FIR they mentioned dowry given during marriage on demand and dowry given after marriage also on demand?

 

 

Please advise experts....

 

 

 

 

 

 

 



Learning

 2 Replies

rajendra (na)     30 September 2013

Don't think about filing counter cases at the moment and wait for your turn to give that medicine.

there are two kinds of quash one is FIR and another is charge sheet quash..Check with high court lawyer for FIR quash and apart from you all other will be get quashed.If not successful wait for charge sheet then file a discharge sheet in the trial court..if not successful then go for charge sheet quash.

For counter cases refer 498a.org(refer counter cases subject) and once you are all out of the case then only you can file these.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     30 September 2013

Your house is on fire and you are planning a hunting experience?

 

First of all seek bail for all accused, then  discuss with all details with a competent person.

 

Don't be in the mode, fire aim aim aim... rather READY AIM FIRE is the right way.

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

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