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Sahil (student)     19 August 2013

Married and divorced in 22 hrs gifted by 498a,376,406

 

Hi All....

 

Recently I married  with a girl in Feb 2013 as per Muslim customs . It was an arranged marriage so parents from both side was also happy to do my marriage. But when we take the Bride to our home and I went to her She did not allow me to touch and asking for divorce. I got shocked that What is just happen . I tried to convince her that tell me if you have any problem but she denied to tell me . I try to touch her because I was thinking that maybe she is hesitating  then  Suddenly She ran away from the bed and lock herself into the bathroom. I was amazed that what is this all happening. Then she start to tell me that she don’t like me and my family and She don’t want to marry me but her parents do her marriage forcefully. I just sit near the gate of bathroom and listening to her and I am also trying to get her out. But she was telling me that she’ll  come at 10:00 AM. After  a long discussion she tell me that take an oath of Quran that you never touch me in entire life. So after this all I take the oath of Quran and she tell me to sleep on sofa then she come. I went to sofa then she come out she tell me that “Don’t tell to your parents  & I will also not tell to my parents”. I was so shocked that what happen to my life .

I didn’t  sleep on that night but she sleep comfortably .I was weeping a lot on my roof and after one day there was a marriage of my sister also with my walima (Reception). I got so depressed .After few hours I tell all the matter to my elder sister. She went to her and ask her that what is her problem what she want even my mother say her to live separate with me to another place if she want. But she only say one thing “I don’t want to live here and I need Talaq” . My family was shocked. All guest was at my house.So we call her parents in the morning then they reveal the truth that She don’t want to marry me but her father give her torture and emotionally blackmail her to marry me. She also eat Poison one week earlier of marriage. We ask her father why you do this all with us he reply I was thinking she will get ok after marriage. Then our all family member come and try to convince her and her parents also try to convince her  she give us ultimatum that if she stay here she will burn herself then we all family member  got in fear.after lots of meetings and convincing session every person try her to convince even her parents and her relative also try to keep her at my home but she denied . So in the night around 1:30 am I gave her Talaq . in front of my all parents and relative and her parents and relative. They take her daughter and all the Dowry and Cash and All Jewelery  on the same night. We take sign of girl and her father and here chacha on a stamp paper where we  mention Talaqnama / Iqrarnama and mention that all dowry and stredhan is returned to her. We was so shocked and depressed .After around 12-13 days the filed a FIR against me and my family member where they charge 376,498a,406,34. They mentioned in FIR that first I give divorce to her  then  I rape her. I cant explain how much I was in tention. Police start to come to us but we all move from our house and the next day we file application for Anticipatory Bail. After a week of investigation and processing we got AB for my all family member except me . They put name of Eight(8) person in the FIR. Me ,My Mother,Father,Elder Sister,Newly Married Sis,one Younger Sis and My chacha and My Fuppa. We file AB for me but session court reject my AB.

We file AB in Delhi high Court after listening all the fact as They mention in FIR that I Rape her Judge ask for MLC but in MLC they only mention that “No external injury on body and patient is not willing to do gynecological test and Sample collection  ”. So the Judge denied to confirm rape .Then Judge ask for Dowry . as investigation done before so our 25-30 neighbors give there witness that All dowry has been returned. But judge need some more evidence to prove this. Then we provide that agreement and some video clip made by a kid at that time. In video her parents are taking Jewellary & cash. The Judge of HC look like satisfied but she transfer our case to Mediation Cell. And give me a date of 26 September 2013.

And in the judgment she mentioned that :

IN THE HIGH COURT OF DELHI AT NEW DELHI  
BAIL APPLN. XXX/2013

ME XXXXX..... Petitioner
  
Through Mr.XXXXXX, Advocate
versus
STATE NCT OF DELHI ..... Respondent
  
 Through Mr.xxxxxx, APP for State
  with IO
  Mr.xxxxxxxxx, Advocate with complainant and her parents

 CORAM:

 HON'BLE MS. JUSTICE XXXXXXX

 O R D E R 
  

1.      Pursuant to the last order, a fresh Status Report has been filed by
    the State, wherein it is stated that as per the directions issued on the
    last date of hearing, one compact disc had been handed over by the father
    of the petitioner to the IO for examination. On an analysis of the video
    recording, neither the father, nor the mother of the complainant were
    found to be receiving back the dowry articles and therefore, it could
    not be assessed whether the dowry articles were  actually handed over to them.

It is further stated that money and
          jewellery boxes were being exchanged by some persons, but their faces are
          blurred.
  
  2. Today, learned counsel for the petitioner states that the very same video recording

is available with him on an I-pad which can be perused   and on enlarging the

recording, the faces of the persons who were   exchanging the dowry articles,

can be clearly identified.
  
  3. In view of the aforesaid submission, the matter was passed over to
  enable the counsel for the petitioner, the IO and the counsel for the
  complainant as also the complainant and her parents, who are present in
  the court, to examine the said videography.
  
  4. On the second call, learned APP for the State submits on
  instructions from the IO that on seeing the videography with
  enlargements, the face of the person who was receiving the money and the
  jewellery boxes has been identified as the uncle(chacha) of the
  complainant. However, the father of the complainant had not personally
  received any of the articles.
    5. The present case is an unfortunate one where the marriage of the
  petitioner and the complainant had taken place as per the Muslim customs
  on 23.2.2013 and on the very next day, i.e., on 24.2.2013 at 1PM, the
  petitioner had divorced the complainant.
  
  6. Learned counsel for the complainant states that apart from the
  articles that were handed over by the family members of the petitioner to
  the uncle(chacha) of the complainant, some money had also been paid as
  shagun to the petitioner and his family members and the same has not
  been returned till date.
  
  7. Learned counsel for the petitioner states that if the parties are
  referred to mediation, it may help resolve the remaining issues pending
  between them.
  
  8. The complainant and her parents who are present in court state that
  they are agreeable to the aforesaid suggestion.
  
  9. Accordingly, with the consent of the parties and without prejudice
  to their respective rights and contentions, they are directed to appear
  before the Mediator, to be appointed by the Delhi High Court Mediation
  and Conciliation Centre, on 31.7.2013 at 3PM. The parties along with their respective

counsels shall appear before the Mediator on
  the said date. The learned Mediator shall have discussions with the
  parties and submit a report before the next date of hearing.
  
  10. List on 26.9.2013 in the category of ?directions?, for reporting
  settlement, if any.
  
  11. In the meantime, no coercive steps shall be taken against the
  petitioner.
    
  XXXXXXX, J
  Date

 

Now I am at my home and going for mediation .I have attended Two dates in Mediation but I don’t think so that metter will be solved there because father of My Ex-wife is demanding 20 Lacs and Although we have returned every single item she took with her .

 

What are your opinions? What I should to do ? Till now I didn’t got AB. But a hope is there.

 

Regards



Learning

 8 Replies

Tajobsindia (Senior Partner )     19 August 2013

1. Have patience.
2. Hon’ble HC has already given instruction to authorities not to touch you till mediation completes followed by hearing parties and also till Hon’ble HC refers the mediation report on next date of hearing.
3. In my opinion AB will be granted. Failing which approach Hon’ble Court for Regular Bail.
4. Contest the case with full vigor all the way upto Hon’ble SC as there is nothing which facts suggest you did and it is the greed of FIL and face saving of the girl before society which is taking shape of ‘false’ complaint case.  That is the reason S. 498a IPC is termed by Hon’ble SC as “legal terrorism” and in 22 Hrs. you / your family has seen the worst form of social (family) legal terrorism unleashed by girl / her side of family members which many innocent husbands face but come out bravely.  
5. You / your side has already seen fate of ‘false rape” case filed upon you, same will be fate of other IPC sections, thus have patience.

Sahil (student)     19 August 2013

Thanks Tajobsindia

Thanks for your precious opinion and encouraging me.

Guide me as much as possible

Regards

Sahil (student)     20 August 2013

as her father demanding 20 Lacs for expenses in marriage into the mediation so what should i do ?

the investigation officer also taking her side because of corruption. He see all evidence  at my house and on the next day deny to recognize them. what should I do about this ?

Please Guide

 

Regards


(Guest)

@ Querist,

 

To win this case you have to start with AB or Bail whatever you may get.Once you have the bail in your pocket you have won the half battle, let her fight with whatever allegation she may fire but you have to keep patience and trust on yourself and on your family.

 

1. You have to collect all the evidences which shows that you have returned all her articles and streedhan and mental cruelities done by her within 22 hrs.

 

2. You have to file TEP against them if they say that dowry been given to you above the settled amount.

 

3. Don't be afraid of going jail as you are not a murderer or Terrorist that you would be sentenced or would be destroyed in jail for years. Always praise for your patience that being in hard time will only make you harder against all odds.

 

4. Never underestimate the power of common man in yourself if she files false cases on you and your family,then you also fire 2,3 more cases on them.

 

5. Never succumb on their 20 lacks demand,make them suffer to ask a breath from you as your life been ruined by them,So don't forgive them.

 

6. It's the their headache now to clear the cases as early as bcz their daughter is not age miracle that even at the age of 40 she will look like 20.

 

7. You drag all the cases until or unless they don't succumb for their daughters re marriage, as you can hold more years being a male than her.

 

8. Be happy and see the world in different way rather than just 498a or DV . Think about better things as what to do ahead in your life and focus on them. Never regret for your marriage as the worst is over now as she is out of your life within 22 hrs rather than suffocating of whole life.

 

regards,

A sufferer...

2 Like

Sahil (student)     20 August 2013

Thanks Sufferer,

for you valuable opinion & giving me himmat....

first of all I am trying to get AB. But what we can do after AB.

Bcz i dont think so that it will be settled in Mediation.

as i told you Investigation Officer is corrupt & He also mention in his report that FIL expense 15L in marriage.

and my FIL sold all dowry return by us to someone in there area. and I got the Registration of the Bike they gave me.

Which is now transfered to other guy but issued on my name and Mr. IO mention this in his report.

what if I dont get AB ?

i was running from my home for 5 months but now i dont want to!!!!

They also issue an article in news paper with my name claiming rape on me.

But I want to give the test of their own medicine........!!!!


(Guest)

Dear querist,

 

If polce and your inlaws have joined their hand in harassing you then do the following:

 

1. Hire an extremely experienced as well as freindly criminal lawyer who could led you out from this hell.

 

2. Ask your lawyer to file case on those investigation officer under article 226 via HC to restrain these police men from malafide duty.

 

3. file 182 crpc for perjury u/s 155 cr.pc and submit to megisterate of your jurisdiction.

 

4. If any groundless arrest happens to you file IPC 211 and 358 on the account of false complaints and false charges been framed.

 

5. File 330 of IPC for protection from extortion of confession by police if they forcibly try to confess you in false charges.

 

6. Let her ask to go for medical and be ready to go for any examination. Your lawyer should be smart enough to argue on the point that how it is possible within 22 hrs every thing happens ------ a marriage,a reception, a ikrarnama of breakup and then rape too. so, there is a clear malacious intention from unscruplous wife and inlaws.

 

here, if rape charge been framed within 22 hrs then it can't be called as rape bcz in marital life once married and having s*x with spouse can't be considered as rape..SC judgement.

at other end if they have framed rape charge after your split from her then also the same legal version of SC will follow until or unless the divorce been not granted legally.

 

You have to note the day when she had framed you for rape charge. And collect the evidence that on that particular day and time you were present at somewhere else,just concentrate on this to drag her in giving false statements under oath and file cases as above stated.

 

See, you have been targeted from very begining by your inlaws for only cause of money,these are the pre planning done by them. Now you have to be extra smart and you have to puncture their dream by utilizing their false cases by throwing on them with same velocity.

 

Once they will realize that you are not going to succumb then definately they run away and come for anly peaceful settlements.

Bro ....... just concentrate to get AB or bail first at anycost,rest you are hero for your own Movie directed by your wife and inlaws and unfortunately produced by you. So,it depends on how you manage your team along with how fine you act in your given character.

 

regards,

A sufferer..

3 Like

D Seikhar G (self)     14 February 2014

Excellent advice given by sufferer

Shantanu Wavhal (Worker)     14 February 2014

the best way to tackle any FALSE case at the earliest : 


face the trial.


get acquittal.


do not make un-necessary applications (because, filing 1 application wastes time in the following steps = opponant's say - your argument - opponant's argument - order - appeal / writ on the order etc.)


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