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Unknown blogger (ABC)     18 August 2014

498a

My Brothers wife had given a written complaint in their police station that my brother and mother used to beat her. Both of them used to ask for dowry from her parents for different reasons.Moreover she went to police station on 3rd july 2014, and my brother and mother both were called for investigation.we have reaurned all the stridhan in police station on girls request, acknowledgement copy of the same is with us. On the same day girls father created a scene in police station and started arguments with the lady officer.Then they demanded for all the items which were presented to her by her father. So police ordered us to return those items and told girls side to collect the same from our house. Now its been almost one month, but no body has turned up. Moreover police station have also given us a letter stating that my brothers wife has given a written complaint on my brother and police station have advised us to go in family court.also one thing i wanted to tell you is that the lady officer who was handling the case has got transfered.

What we should do now, pls advise.



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 16 Replies

NUT (Programmer)     18 August 2014

Police is not interested to take 498a on prima face request . But sure your family will be charged consult a lawyer for AB , otherwise nothing else is in our hand .

Unknown blogger (ABC)     18 August 2014

what are the chances of arrest as the girl is safe at her matrimonial place?

NUT (Programmer)     18 August 2014

Girl is alive with injuries or with out injuries , she is a girl and has chances to file criminal compliant against your family . Don't try to take her back in to your house . Don't try to talk to her directly for now onwards . Arrest is after she filed a case , now don't worry try to analyse her moves through common friends .
1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     19 August 2014

You must apply for AB.

 

 

Regards,

 
Shonee Kapoor

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

Unknown blogger (ABC)     19 August 2014

on what basis i should apply for AB. as there no FIR against me. Moreover i wanted to know the checklist which police needs to complete before arrest.

Sudhir Kumar, Advocate (Advocate)     19 August 2014

agreed with Mr Kapoor

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     19 August 2014

You / your parents / relatives also can lodge counter FIR against her and in-laws.

Unknown blogger (ABC)     19 August 2014

Also i forgot to mention that she was 40 days pregnant when she left our house. But now she has aborted that child and calling it as Miscarriage.

More over Rocky ji on what basis i should register an FIR

Also i wanted to know what check list police needs to follow before arrest

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     20 August 2014

Ganesh;

 

It largely depends upon which state the case is in. If it is in Maharashtra (Taking cue from your name); FIR is not a must for applying AB as per practise of the HCs. Even in most states that is not required and courts grant notice bail for limited time till the registration of FIR.

 

Regarding procedure to arrest; the same has been defined in Arnesh Kumar Judgement by Hon'ble Apex Court. Hopefully the same has taken effect in your state too.

 

 

Regards,

 
Shonee Kapoor

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

Unknown blogger (ABC)     21 August 2014

police station has given us a letter stating that you apply for Divorce in family court.

But sicne only 6 months are completed for marriage we have not initiated any steps

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     21 August 2014

Does that mean you both have agreed to go to Family Court for divorce.

 

 

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

Unknown blogger (ABC)     21 August 2014

I know about them. Girls father wanted police to arrest my brother and mother but the didnt. So at that time he started argueying with the inspector in charge and started teaching them law and created a scene there.

At that moment inspector in charge issued this letters to our family as well as girls family, that you settle the matter in family court.

Moreover that inspector also told us to return all the belongings which girl brought after marrriage and told girls side to collect the same from our home, but till date no one came.

also through our close contacts we came to know that girls father is now going to make complaint against officer in charge.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     21 August 2014

Wonder how the Inspector can dictate like that. The complaint can be reopened by the girl at any stage.

 

 

 
 
Regards,
 
Shonee Kapoor

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

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