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Ketan (Student)     08 September 2014

Need a second opinion

My wife has filed IPC 498a, DV and dowry related cases against me (Yr. 2010). I was arrested, but out on bail. After two years she filed a DV case against my family members, although my family members did not have any contact with her as my wife did not wanted to maintain any relationship with them.  (I am currently out of India.)

Current situation:

The court has issued an order in our favor in DV related case against me and my family members, awaiting for the decree. We have filed a civil case against her for the forgery of property documents and for selling that property with out my consent. I was repaying the loan.

We have lodged a formal police complaint against my wife in a civil matter, related to a property. However the police officer refused to take any action against her citing that, she has the authority to sell the house. We had consulted couple of lawyers on the PoA which I had issue to my wife for taking the possession of the property and for facilitating the payment through my NRE account on which I had given her the mandate. I also have details of money withdrawals (almost every second day) through ATM's, by my wife for personal expenses. All the withdrawal ATMs are located in the vicinity of her stay, as I was abroad.

We have now approached the High Court for this civil matter, as the police officer refused to take any action against her. One good news is, the police office who refused to take any action against my wife, was recently caught by anti corruption bureau for taking bribe and extortion.

Just yesterday, one of my family member got a call from someone, who claimed to be an officer from vigilance (new Delhi).....who was trying to get information about my whereabouts. However they were skeptical about his identity as he did not sound like he was from vigilance due to his apologetic and panicky conversation. In the past, we had received a letter from someone, who claimed to know my wife and was mentioning about supporting us.

The 498a case will not start until I return back to India....probably the court might issue a arrest warrant again me, I am not concerned about that. I have one life and I want to live it in a positive and fruitful way. There are so many good things to do in life than to waste life in such matters...however I am a victim and want to get rid of this issue at the earliest for a peaceful and meaningful life ahead.


I would appreciate if experts on this panel can share their opinion or views,

 


1.  Is there a role for vigilance to plays in these kind of cases?

If "NO" then is it advisable to file a police complaint giving the details of the number.

And

 

If "YES", what should be the course of action? Its a matter of concern to me, although I have reasons to believe that this call was not from vigilance and I don't know of anything that I have done for the vigilance to call at my relative's place ( I am not a terrorist, not have I been involved in any kind of corruption).
 

2. Can I file a counter case against her for filing false DV case at this juncture?

I would really appreciate your feedback.


Thanks in advance,

Regards,



Learning

 4 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     08 September 2014

https://mensrightactivist.files.wordpress.com/2013/12/a1-one-year-seperation1.pdf

 

Please see the above citation. DV can not be maintainable after one year.

Please show this above judgement as a citation on the court where DV is going on.

 

Please lodge FIR against her Under the following IPC.

120 IPC Concealing design to commit offence punishable with impris­onment.

120A IPC Definition of criminal conspiracy



383 IPC read with 384 IPC. Extortion.

 

405 IPC read with 406 IPC Criminal Breach of Trust.


506 IPC. Ciminal Intimidation.


34 IPC. Common Intention of Crime.

 

Please file Perjury against DV in the same court where DV is going on.

 

The sample petition is in my links.

 

Please read each of my posts carefully in the following links.

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

 

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

 

1 Like

Ketan (Student)     09 September 2014

Thank you @ Rocky.
 

Chetan Joshi (Advisory/Advocacy)     09 September 2014

I guess I am missing something.

 

 

DV, 498a, and Dowry cases were filed in 2010. Then you mentioned that DV was filed again???

 

What has been ruled in your favor and how? At what stage is the 498a and DP cases?

 

What is it that you mean that the 498a would not start until you come back?

 

 

Regards

Chetan Joshi

Ketan (Student)     09 September 2014

First of all thank you for responding to my query.
 
Probably I can try and simplify to make you understand,

1. Married - Jan 2004 
2. Kids - Oct 2004
3. No contact with my wife, whatsoever kind of, since - 2008, except once when I called her to talk about our relationship.
4. 498a , DV, 125 CrPc. filed AGAINST ME - 2010.
5. Traveled abroad for work with due permission from court, but returned back after 3 months. Then traveled again in 2011, since then I am based abroad.
6. Wife filed DV case against my family members, since I was not there - 2012
7. Wife did not have any kind of contact with my family members since 2008, earlier too she did not maintain any relationship with my family members.
8. From 2004 until 2008 - we cohabited for not more than 3 months.
9. Wife misused the PoA and the mandate given to her on my NRE account. She sold the property without my consent, forged the documents. 
10. I have filed a Police complaint and a civil case against her for forging documents and selling the property without consent.
11. Wife absconding since we filed the civil case.
 
My lawyer decided to fight the case by clubbing my DV case with my family member's case, wife attend 4 hearing at the court in person, after that she stopped attending. she even changed her lawyer twice. Judge issued an order in our favour in DV case. My family members are now cleared. Rest 498a and 125 CrPc pending on me. I am not in India. My family member is pursuing the civil case filled against my wife.
 
I hope this helps. What I need to know about is, the following 2 points.

1.  Is there a role for vigilance to plays in these kind of cases?
If "NO" then is it advisable to file a police complaint giving the details of the number.
 
And
 
If "YES", what should be the course of action? Its a matter of concern to me, although I have reasons to believe that this call was not from vigilance and I don't know of anything that I have done for the vigilance to call at my relative's place ( I am not a terrorist, not have I been involved in any kind of corruption).

2. Can I file a counter case against her for filing false DV case at this juncture?


Thank you once again.


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