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Raghav (TL)     17 March 2012

Fake 498a and dv - help

Hi,

lemme explain my case in detail.

my marriage was a typical arranged marriage where the monetary gifts and gold gifts are discussed and decided before the marriage itself.

 

My FIL had gifted me

 

8L cash

Gold Chain

Gold Bracelet

30 tulas of jewellery to my wife

TV

Fridge

Washing M/C

AC

Double cot Bed

Almairah

Dresssing Table

and other household articles

 

now, when wife filed 498A and DV, she mentioned that they had given me

 

10L cash

Gold Chain

Gold Bracelet

35 tulas of jewellery to my wife which is all with her

TV

Fridge

Washing M/C

AC

Double cot Bed

Almairah

Dresssing Table

Sofaset

Dining Table

and other household articles

 

I had no intention to keep anything of hers with me and am willing to return her everything. However, I wanted to be safe in my 498A an on my lawyers advice, also because her claims were exaggerated,  I completed denied being given anything at all in 498A and DV.

 

Now, she has submitted her father's bank statements to prove that 10L cash was indeed withdrawn, reciepts for 35 tulas of her jewellery, my gold chain and my gold bracelet, and recipts for all other household articles except for sofaset and dining table (she said she has misplaced the reciepts for these 2). she also presented the photos and videos of she wearing her jewellery and they giving me the chain and bracelet. She has also presented the witnesses and they are saying the exact same things...

 

also, she has claimed that she had given me 5L from her earnings when we ived together whereas the fact is she had only given me 50K once. but I had completely denied this allegation too and said she never gave me anything. She has submitted her bank statement with NEFT transaction of 50K as a proof. she is saying the reamining 4.5L was given in cash and hence no such proof.

 

My lawyer, is saying that I can go back and change my statement stating the facts, but I have already lost my credibility and hence the judge is not going to believe me and this case is sure to go completely in my wife's favor. He says that with this, I am also sure to get convicted in 498A so I better go for out-of-court settlement and give them what they want.

 

but they are asking for 15L for out-of-court settlement in addition to the actual streedhan. is my lawyer right? do I really have no other option?

 

is this really sufficient to get me and my parents convicted in 498A ? doesnt she also have to prove that she was actually "harassed".

 

I want to get out of this mess as soon as possible. Please advice.



Learning

 13 Replies

Raghav (TL)     17 March 2012

I mean to say that all my wife's jewellery is with her, but she has claimed that it is with me.

Divya (nil)     17 March 2012

you are using the word that they have gifted.....for 498a the word is dowry & not gift.........

we are also victims of 498a........

if actually they have stated that they have gifted you all this, then it becomes a safeguard for you since gifts are given at time of marriage but if its stated that they have given you dowry then its more servere trouble.........

Mostly you will have to give a statement in court that you are willing to give back even the gifts what you have received at the time of marriage alongwith the relevant proofs from your side........If she says that she has given you sofa & dining table additional then if its not true then you have to show to court the true source how they were purchased from your side.

Hope i have helped u a bit.

Sanjeev (Lawyer)     17 March 2012

498A is about cruelty and not about Dowry so the articles given by them dont constitute a crime by you as these were given as gift by them and they would not be able to prove that these were demanded so unless they prove cruelty by you and your family on girl for dowry no crime is proved on you.

The mistake on your part would be if you are trying to say the items that were given to you are not given to you. So dont panic still there is no negative case going against you the main thing is cruelty that should not be proved.

So in cross examine defend any charges of cruelty incidents. The items given to you can be proved as not demanded so nothing to panic.

Dont give incorrect statements as to items given as the other party has proofs.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     18 March 2012

I agree with sanjeev on this.

 


Regards,


Shonee Kapoor

harassed.by.498a@gmail.com

Shwetha (Software Engineer)     18 March 2012

@Raghav

 

Arent you the same guy who wanted his wife to pay for his sister's marriage and other things from her earnings?

 

what were you thinking while deciding on taking those 8L before marriage?

 

what were you thinking while asking her for her salary for your family's needs?

 

And what were you thinking while responding to your 498A and DV...?

 

you thought you can keep all her streedhan and enjoy life as she wouldnt be able to provide evidence is it? and now that she has proved things you have come here asking for help claiming to be innocent..

Law doesnt spare guys like you who have no respect for truth...your lawyer is right...you lost your credibility...its going to be a little easier for your wife to prove cruelty and domestic violence now...the judge might not tend to believe you if you claim to be completely innocent...

 

Btw, refusing access to your wife from her streedhan is also cruelty and from what you have mentioned you did that already...

 

your lawyer in absolutely right...you should listen to him.

1 Like

Raghav (TL)     18 March 2012

@Shwetha

what is your problem?

Yes...I asked my wife for money for my sister's marriage...so what? doesnt she have a responsibility towards my family tooo....how can she be so selfish? isnt she supposed to share my financial burden if she really loved me? you just want men to provide you all the money in maintenance but you dont want to given anything in return...same thing if a guy had refused to give his wife his money, you would have created so much fuss about it ...but if a girl refuses to her husband the money, its her right is it?

BTW, I only asked my wife for money. I didnt force her for anything. its becasue of her attitude and behavior that she thinks she can do anything she likes becasue she is an educated metro woman, she misusing the law and troubling me...

I am not interested in keeping any of her streedhan and enjoying...I replied to it that way becasue she had exaggerated her claims...If she had stated facts, I too would have stated the facts...

Raghav (TL)     18 March 2012

@Shonee and Sanjeev

what about that 35 tulas of jewellery?

I know I did a mistake by replying in my counter that nothing was ever given, and now she has proved that it was indeed given.

but the fact is that the jewellery is with her only and she is claiming that it is with me.

my lawyer is telling me that the judge is not ging to believe me if I now say that the jewellery is not with me but with her as I have already been proved a liar. is it true? If so, how can i prove that the jewellery is with her and not with me.

Please advice.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     18 March 2012

Once a liar, always a liar.

 

That is why it is important to speak the truth.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     18 March 2012

Dear Raghav

file an application for mediation or plea Bargaining before the court and settle the matter.

feel free to call

Shwetha (Software Engineer)     19 March 2012

Raghav,

its not me Its the entire society and the entire system that has a problem with guys like you who treat women like money making machines for them.

 

your argument would have been valid if you had not taken anything from your FIL.

 

Your FIL gave you everything for setting up your new home, he also gave you 8L, from what you said, your wife was contributing for your regular household expenses and you still wanted her to give more for your sister's marriage. what do you do? you dont have a job. Or are you a professional BEGGAR.

 

And please stop claiming to be innocent. You are here asking for help, only becasue your wife had the proofs and reciepts. If your wife didnt have the same, you would be making fun of her.

1 Like

Nandha (NIL)     19 March 2012

agree with Debashis88

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     19 March 2012

Nadeem Sa'ab,

 

Plea Bargaining is not maintainable in 498a.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

Shwetha (Software Engineer)     20 March 2012

Debashish,

I believe what you are trying to tell raghav is that he should not try to bribe into the guy's family for his sister. He should not make her a whore and he should get her married to rikshawlas or chaprasis who dont expect any dowry instead of depending on his wife's earnings for the same.

I completely agree with you.

Btw, inspite of being given so much dowry and being supported by wife, he cannot afford getting his sister married. It seems he is not very different from a rickshawala or chaprasi.

1 Like

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