Routine false fir for dowry and harrasment

Originally posted by : Manohara
	Hi Legal Experts, There were conflicts in my marriage life, I got separated on 9-Jan-2016 and I moved out from Bangalore to Malaysia in March 2016. I tried to arrange for separation talks during this one year period and there was no response from them. Recently they filed a FIR in Bangalore and my father got a phone call last week and he got the FIR details which includes myself (A1), father (A2), mother (A3) and my younger brother (A4). It says several false allegations about myself and my family. 1) I wanted to come to Bangalore in April for this mess. Is it fine to come and get the bail (or) shall I come after bail is granted? 2) I have recorded few audio evidences in 2015 and beginning of 2016 which will help me to get out of these false allegations and also to file a divorce case. I have seen in this forum that recorded audio evidences are also accepted by court. Now my question is how can we prove the accuracy of recorded evidences. To be frank, I am confident that I can get out of the cases they filed based on audio evidences alone. 3) How can I prove any false audio evidences if they produce (this is a safe guard if they counter attack with false recordings)? 4) Can I give the audio recordings to media to teach a lesson to these kind of people? 5) There were back and forth money transfers between myself and wife during married life period. But I had some drawback on this. Like, from her direct account, there was around 7 lashs transfer to me at different situations. But from my end, a) Around 3 lakhs direct transfers from my account to her account b) Around 3 laksh transfers from my old collegues abroad account to her account (when I went to UK, did the savings transfer) c) Around 3 laksh transfers for my flats rent income (from tenant account to her) for 3 years. I know that is stupid, But when things are going good, I assumed that it is all for my future family. I hope you understood the situation. Being at this position, if they false claim the amount transfered from her account to mine as dowry, how can I object it (as internally it is all my amount only). I have never expected that I will become victim of dowry harrasment case (I sticked to my principles and haven't taken anything during or after marriage life). And also, everything is bought by me after marriage (TV, washing machine, fridge, cot, etc.). Your inputs are much appreciated.

First method is arrange money.  Keep it ready for settlement.  

Second method involve finding the best advocate who can prepare pucca draft of the above mentioned story to get you out of this mess.

First method take 6 months to get you out of this marriage, sparkling bright, brand as new again. Pay her 1 time alimony and take mutual divorce.

Second method also gets you out of all this mess, makes you come out sparkling bright,clean provided your Advocate does not compromise with opposite party, or makes major goof up while preparing draft of your petition.  This method consumes lot of time and life.  Usually 7-8 years.  End of it you dont even know whether divorce will be granted or not.  But you will have to pay alimony to her, do all sorts of circus. etc.

 

Which one is more affordable you think for yourself.

 

Rest how to fight case (draft) and all that you need to discuss with a able advocate who deals with family disputes in private.

You can come down from wherever you are, apply for anticipatory bail etc.  Contact advocate fast. 

Get a good lawyer to appreciate the evidence that u have at hand. get anticipatory bail for all others execpt u. ur safe that ur abroad. mean while mediate for a settlement.if there r any chidren decide about them. we had once settled a case where the A1 NRI didnt even come to India. Ur lawyer will help u on that lines. whether S.498A alone or DP also was included is not clear in ur post. good luck.

Thank you very much for your responses. I have been trying for the first method of one time settlement for the last one year but there was no response at all. I know that if I file a divorce, they will anyway drag it for years and I kept calm by not doing that.

 

IPC 1860: 498a, 419, 420, 468, 506, 34 ; Dowry Prohibition Act. Sections are mentioned in FIR.

I have a 2 year old kid and I am ready to take care of him. But I am not sure if law allows it to grant him to me. And even if law allows it, they will not be willing for that as they might be using him to demand more money.

My father is in process of arranging a lawyer to get the things moved. Also reaching out to mediators for talks again (I know this already happened several times. But just trying it again).

Don't reach out to them and try to settle. Be stubborn and tell them to go to hell. They'll come down to your terms eventually for sure. Everyone has weaknesses and hopes for sure. Once reality kicks in, they'll certainly come down to your terms. Just stay strong and fight.

Originally posted by : Manohara
	Thank you very much for your responses. I have been trying for the first method of one time settlement for the last one year but there was no response at all. I know that if I file a divorce, they will anyway drag it for years and I kept calm by not doing that.   IPC 1860: 498a, 419, 420, 468, 506, 34 ; Dowry Prohibition Act. Sections are mentioned in FIR. I have a 2 year old kid and I am ready to take care of him. But I am not sure if law allows it to grant him to me. And even if law allows it, they will not be willing for that as they might be using him to demand more money. My father is in process of arranging a lawyer to get the things moved. Also reaching out to mediators for talks again (I know this already happened several times. But just trying it again).

Irrespective of above advise given, there is fair chance that even if you are willing to go for 1 time settlement, your case will be delayed extensively (5-7 years).  Don be a basterd.  Once child is born in marriage, it is prime responsiblity of both parents to think of welfare of child than be selfish by thinking only about themselves.  

 After having child from wedlock you have not right to spoil childs life let alone yours and your wife's.  

 

Dont go for divorce.  Lot of ill effects to child and also parents of child if divorce takes place.  I regret giving advice to you.  For if you had mentioned about kid, this would be my reply the first time around.  THe way in which you showed your smartness by hiding that you have kid from the wedlock, will be given proper answer in court hall only.  Wait and see.

Kids having snigle parents are a curse to the society.  Dont let this happen to your own kid.  You take divorce, your own kid will call you basterd when it grows up.

Further, single parents aer another big curse to our society where they dont know whom to have s*x with and keep wandering like pr stitutes searching ofr cilents.  Thus becoming menace to society and self.

Save marriage.  Come what may.  These cases and all your wife would not have filed per se.  This is trick of some cop or the advocate who gave advise in first place to your wife and co.  Reconcile with wife and co.  Forgive and move together.

Hi Sarma, Helping Hand,

Thank you for your responses.

Hi Helping Hand,

I am sorry if you misunderstood me. I also understand that I didn't provide all the details to Forum in my first step. Anyway, I just couldn't get convinced and please respect my decision. I know that I am not safe with her/them based on the few situations I faced.

There are hardly few rights for good "Men" in society and accepting her into my life gives false alarm to society as well. I think it is already happening (as I could see in this Forum itself that there are several false 498a cases discussion going on).

And about the things you mentioned, it is not just happen with single parents. Few married people also do it who don't have ethics but percentage might be less. There are unmarried people who are doing it for their living. That’s a whole different story.

I am not sure who has given these kind of advises to file cases like this. Assume that some fellow mentioned her to kill me to get all my property at one shot, she will do it then.

The questions raised by you are valid and can be debatable with pros and cons. Marriages can be saved with love alone but not with threats and warnings.

In Andhra Pradesh, there are many people who take lot of dowry amounts and my father is against them and haven’t taken anything from In-laws side for me and for my brother’s marriage as well (to be specific younger brother).

You had mentioned several things about society. But they are very small things when an honest person is treated like this.

Originally posted by : Manohara
	Hi Legal Experts, There were conflicts in my marriage life, I got separated on 9-Jan-2016 and I moved out from Bangalore to Malaysia in March 2016. I tried to arrange for separation talks during this one year period and there was no response from them. Recently they filed a FIR in Bangalore and my father got a phone call last week and he got the FIR details which includes myself (A1), father (A2), mother (A3) and my younger brother (A4). It says several false allegations about myself and my family. Contest the case  1) I wanted to come to Bangalore in April for this mess. Is it fine to come and get the bail (or) shall I come after bail is granted? Get bail first  2) I have recorded few audio evidences in 2015 and beginning of 2016 which will help me to get out of these false allegations and also to file a divorce case. I have seen in this forum that recorded audio evidences are also accepted by court. Get these evidences certified by a Forensic lab to produce it in court   Now my question is how can we prove the accuracy of recorded evidences. To be frank, I am confident that I can get out of the cases they filed based on audio evidences alone. as stated  above  3) How can I prove any false audio evidences if they produce (this is a safe guard if they counter attack with false recordings)? If the evidence is not certified by a forensic lab it will not hold good in court  4) Can I give the audio recordings to media to teach a lesson to these kind of people? First get out of the mess and get youself free from these cases .It woould take around 5-6 yrs or more .After you win the cases upto supreme court than you can do what ever you want . 5) There were back and forth money transfers between myself and wife during married life period. But I had some drawback on this. Like, from her direct account, there was around 7 lashs transfer to me at different situations. Now is your wife working to transfer these amounts ??Please explain . If you can explain the purpose of the transfer of this huge amounts than some thing can be thought upon . But from my end, a) Around 3 lakhs direct transfers from my account to her account b) Around 3 laksh transfers from my old collegues abroad account to her account (when I went to UK, did the savings transfer) c) Around 3 laksh transfers for my flats rent income (from tenant account to her) for 3 years.   Good or you  I know that is stupid, But when things are going good, I assumed that it is all for my future family. I hope you understood the situation. Being at this position, if they false claim the amount transfered from her account to mine as dowry, how can I object it (as internally it is all my amount only). I have never expected that I will become victim of dowry harrasment case (I sticked to my principles and haven't taken anything during or after marriage life). And also, everything is bought by me after marriage (TV, washing machine, fridge, cot, etc.). Your inputs are much appreciated.

 

Originally posted by : Manohara
	Hi Helping Hand, I am sorry if you misunderstood me. I also understand that I didn't provide all the details to Forum in my first step. Anyway, I just couldn't get convinced and please respect my decision. I know that I am not safe with her/them based on the few situations I faced. There are hardly few rights for good "Men" in society and accepting her into my life gives false alarm to society as well. I think it is already happening (as I could see in this Forum itself that there are several false 498a cases discussion going on). And about the things you mentioned, it is not just happen with single parents. Few married people also do it who don't have ethics but percentage might be less. There are unmarried people who are doing it for their living. That’s a whole different story. I am not sure who has given these kind of advises to file cases like this. Assume that some fellow mentioned her to kill me to get all my property at one shot, she will do it then. The questions raised by you are valid and can be debatable with pros and cons. Marriages can be saved with love alone but not with threats and warnings. In Andhra Pradesh, there are many people who take lot of dowry amounts and my father is against them and haven’t taken anything from In-laws side for me and for my brother’s marriage as well (to be specific younger brother). You had mentioned several things about society. But they are very small things when an honest person is treated like this.

Marriage should be done after looking into everything, once married there will be disagreements etc which are called part of married life,

once you have kid you have to bear all these and continue with marriage than simply think of taking divorce would be my opinion.  

If case has been filed on you, you (your parents, how you ppl treated her etc) are also responsible for it.  It takes two to tango.  Dont put blame on wife only.  Hope you are sane enough to convince wife to re-cohabit with you leaving aside your ego.  

 

You might not agree with my advise.  For people like you only there are courts.  For that you need a advocate who can represent you in court of Law.  Whom you can engage by paying professional fees and chew his brains rather than wasting time here.

 All the best.

Hi Stanley,

Thank you very much for your details.

To clarify about the amount transfers,

Yes. She is working in IT industry. But what I am trying to say is that the amount transferred from my side is transferred back to me.

To explain about the transfer of huge amounts, few are just like that. Few includes transfer from my side to her (meaning to her family for In-law retirement function expenses, sister-in-law house purchase registration expenses, etc.).

Please don't think in other way that I tried to be nice with them to get their retirement money or so. He got retired as a office clerk and I just wanted to assist.

Your answers to my other queries clarified me.

 

Hi Helping Hand,
Really appreciate your concern about saving marriages in India.

If my parents behavior was wrong with her, I would not let them to enter my house at all. My mother did all the household things like a maid to her when she visited to Bangalore during her pregnancy. Did leg massage to her and cleaned the stuff happened at home at the time of delivery prior to admitting her to hospital. I would bet even her mother would not do it and will request for a maid.

I am too straight forward and told them several times that their way of behaving is not good (if one person, I could have tried my best to convince but there are several of them - her mother, sister, grandmother and father. I just felt alone myself). When I told I have gathered evidences about their vulgar behavior, they locked me in a room to get them deleted. I was very lucky to get out of it on that day.

And I was forced to leave the house (my house where I paid advance, rents, and my furniture). Then after a week or so, they left the house with advance and all furniture. And now with a cooked up story, they filed false cases.

So to summarize, to hide their family members mistakes, they targeted me.

I know this is wrong and it is the main reason that I couldn't get convinced. I sincerely thank you for showing your concern to the kids who are getting suffered with this. This FIR and all is just waste of money (it actually belongs to my kid).

Anyway, thank you for your time and your helping nature in these forums.

Dont worry for all this in details First get bail. Thrn you will have much time in court And burden of proof lies on ur wife as she was lodge case on you. Onlu settlemnet happens in this type of case. If ur wife is working then you will not have to pay maintanance also

Dont worry for all this in details First get bail. Thrn you will have much time in court And burden of proof lies on ur wife as she was lodge case on you. Onlu settlemnet happens in this type of case. If ur wife is working then you will not have to pay maintanance also

Dont worry for all this in details First get bail. Thrn you will have much time in court And burden of proof lies on ur wife as she was lodge case on you. Onlu settlemnet happens in this type of case. If ur wife is working then you will not have to pay maintanance also