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Sreenivas V (S/W)     19 September 2012

Acquitted from 498a

Hi,

My family got acquitted from 498A. Now a divorce case and a false Stridhan case is still pending in court. For Stridhan, the case went to fast tract court and now they put a petition saying they want to go to High Court on 498A. But we are sure they will not go and if they go also no use for them.

Just to delay the false Stridhan case in fast track court looks they are saying it and so far they did not go.

My question is after getting the judgement before how many months time they have to go to higher court on that 498a case.



Learning

 9 Replies

Anis (Asst. Manager - Sales)     20 September 2012

Congratulations. Can you post the judgement of your case here. On what grounds were you and your family acquitted.

Never Give Up (Fighter)     20 September 2012

Hi Sreenivas,

 

Could you also put timeline from where your case started and other details how did you fight it how did you succeded for fellow 498a sufferers ?

 

Regards

A1(498A,DV)

Pavitra Prabhakar (MBA)     20 September 2012

congrats . . .

. and how long it takes you eradicate this 498a .

Sreenivas V (S/W)     20 September 2012

Hi All,

Thank you all. The Judgement is 29 pages long and I don't have the copy yet. It is with my parents at home town. I will definetly try to post here once I get it next time when I go home.

I can give in brief my experiences here.

The case was filed on June 1st 2008 and the final Judgment came on 13th August 2012.

After one year we tried for crashing at the court this case was filed itself. But it did not worked out. The reason for this we found is that the lawyer did not properly or inexperienced did not filed properly. So we did not get acquitted then, but judge mentioned in judgement at that time some things need to be examined at the time of trial.

Later when the actual trial was about to start they put a petition saying false acquitions of gold and money of girl was with us. I did not remember the exact section under which they filed this. After arguments by my new lawyer this was dismissed by the judge. Then the judge got transferred. A new Judge came. Then again this time again same case was filed now by police. The Judge gave judment in their favour which means police will come to our house and search for gold ornaments. Also what we came to know is that when police comes to house they take away all the gold and later it may take years to get back that gold. ALso lot of money and time will be wasted.

So then immediately we went to High court on that. The High court dismissed it right away. But for our surprise the high court gave a memo to this Judge and also in the monthly journal of lawyers this mistake of judge was reported also. So the Judge became so angry on us and he stoped doing our case for the duration of his time in this court which was one year by simply postponing it without starting the trial. We got spped up also from high court which high court clearly said to complete this case in 6 months time. But still that judge kept our case aside.

Then after one year many times we tried to report this to high court on this delay. But our lawyer stopped us from doing so. Then finally a new judge came and he was some what done the case. But still it was slow. The girl side always used to take 3 chances for every thing. The girl, father, mother, two of their friends total 5 people and police took almost 50 + court sessions just to give thier statements and cross examinations which used to happen almost every week because as we have speed up from high court otherwise we don't know how long it would have taken. Finally Police was not coming to give his stament and for cross examination. During this time again Judge got transferred. Now a new lady judge game but immediately she went to training for two months. Then another judge was assigned temperorily which is also a lady judge. This judge was the fastest so far among all the judges i saw. She gave severe warning to police when he did not come 3 times. Then the police turned up in court. During cross examination and his statements it was found that he has no authority to file this 498A case at all. Inspite he filed the case for which there is no answer from him. He bent his head down during the complete period in court and for some things the situation became very bad that it was found he has done a lot of mistakes in case. The judge got so angry that she scolded him right away in court for which he simply bent his head down.

Then after police we all went and in a single day our statements were recorded. The the trail started. From girl side their lawyer did not turned up in court and even public prosecutor also. Then after 8 sessions the judegemnt came.

Total seessions for 498A since begining is almost 150 times till judgement. We gave authorization to our father as I am working in HYD and my sister stays with her husband very far away. My father travelled these many time only for 498A to the town where this case was filed which is 400 kms away from where my parents live.

I briefly got information on judgement details. First let me  tell you all what are the complaints on us and then later the other details.

The follwoing are the false complaints put in this 498A on us

1. I asked for more dowry

2. My Sister took her to doctor to do virginity test

3. She came to my house with 2 lakhs money, father gave/deposited 6 lakhs money and also she came to my house with so much gold. All that was taken away by my father and mother and sold it.

4. I sent emails defaming her.

Judement details and evidence proving they are false.

1. I was working in HYD the date they mentioned in case. Also they mentioned this additional dowry i asked in front of some elders in my parents living town. As that did not happen at all they gave affidaviot and also came to court and said it was false.

2. My Sister infact took her to doctor as she was not eating food properly during the 5 days stay in my house. As normal doctors will write urine and blood test. But they put a paper on the test writtens by doctor and take copy and filed a cse like this. They did not produced the original receipt even though they had it. Also they did not tried to examine the doctor. Also finally the girl agreed in cross examination that doctor did not do any improper tests on her. Also anothet thing is in case they said my sister also took dowry, but in cross examination she agreed that my sister in fact did not come to marriage and did not took any adapaduchoo katnam.

3. The cases about money and gold was proved false as each one of them gave difefrent versions of statements during trial. Even one person told he was elder to this marriage but gave wrong information on marriage venue. He was a hired witness by girl side, so he does not know nothing at all.

4. I rpoduced the emails what they said bad and they did not rpoduced any email even though they mentioned in case.

Finally it seems judgement has more pages on the matter of Gold and money than the cases on me and my sister. We though the judgement may say more about dowry and virginity test. But this was only half page. The rest almost all pages talks about gold and money only. Infact we feel now this judgement is very helpful for the false stridhan case filed on us which is pending now in fast track court which trial just started. Also it seems there were 4 pages on sample cases referencing for this case filed by my lawyer also.

1 Like

Never Give Up (Fighter)     21 September 2012

Great show sreenivas,

 

May god takes you out of this mess very soon.

 

Just a note : 1 year total wasted by judge doing nothing ...very disappointing.

varadg (nil)     23 September 2012

gr8 patience sree...

ravindra (abg)     26 September 2012

Congratulations .. plz dont forget to post ur judgement.

thanks

Ravindra sonavane

Zubair (aaa)     22 December 2012

Hatsoff....do share the judgement.

ganesh rao (x)     07 January 2013

hello srinivas,

can u post the judgment in the forum so that it would be of use to many others.

or inform the details such as--court which gave the judgment, case number, date of judgment, name of complainant and accused persons--so that we can take a copy of the judgment from the court through RTI.

also, mention the case number in high court where it was directed to complete the trila in six months.


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