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Vinay (Software Engineer)     02 February 2014

Fake dowry case

Today, my intention of writing this article is to draw attention towards the misuse of a particular law in India. Well, the fact is when legal privilege gets misused by any section of people then in return the family, the society, the country gets rotten. I would say at present India is facing the similar situation. A section of Indian women are exploiting the law for their own benefit which otherwise was made for the women in real distress.

Education is always a boon but when it is used by an individual for a personal benefit and undue harassment for others becomes a bane. It is a call to the Indian custodians that look around the country and see that here in India, gradually the number of anguished groom’s family is increasing. A law which is allowing the Indian women to harass the husband and his biological family is literally a blot on Indian legal system. 

This is ridiculous that a wife files an anti dowry case and the police gets into action of arresting all the so called accused. Why is there no investigation just because the case is filed by a woman? What Indian judiciary and the government want to say that Indian wives are the epitome of truth and innocence? If that is so then, why do we find Indian women involved in various malpractices? 

The lawmakers need to understand one simple basic fact that gender biased laws are harming the balance of the Indian society. No society can progress without its two wheels, man and woman at par. Putting Indian husbands and their family behind the bars before impartial investigation is not a solution for the dowry cases. Many educated urban wives are using the law to extract huge money by filing fake cases. Still, the women are enjoying the privilege given by the Indian law.

 

My cousin is also victim of this case. Please help me out with favorable answers as earliest

Thanks in advance.      



 10 Replies

Gautam Kapoor (IT professional Studying Law)     02 February 2014

:) Vinay what is your question

1 Like

Biswanath Roy (Advocate)     02 February 2014

This platform is to give legal advice and opinion. You placed your grievance before a wrong forum.  This is a democratic country, by casting your personal vote you sent your representative in the Parliament who are law makers . You go to them and put your grievances there.

1 Like

Vinay (Software Engineer)     02 February 2014

My elder brother got married in 2012 by the time we didn't demand any dowry more over they are very poor peoples, my mom said if my brother got married a poor person she would be understandable, adjustable and since the day one to now my parents were not trouble a tiny also to her. My dad is running a small xerox shop and my mom is retired teacher, I have two elder brothers and 4 elder sisters. In marriage also we paid marriage hall amount and we gave 6000Rs. for her wedding saree, we do have receipts for paying choultry receipts. My brother's marriage was held at very simply hardly not more than 30peoples also not attended, we only arranged morning breakfast, they said we dont have anything for marriage also you have to do, that too we agreed and marriage was happen.

My sister-in-law(I am bit ashamed to call by using this relation sorry for that) is always trying to dominating my brother in every matter and her elder sister has got divorced, she uses to listen her words always, when my mom went for out of station she didn't prepare food also to my elder brothers they ordered it from hotels, This incidents all one side.

Recently, my mom got paralysis and was hospitalized for two months, the whole treatment was in ICU only. This incident was happened in the month August,2013 and after two months i.e. October,25th she had discharged from hospital, Chennai. During this time only my dad and my sister-in-law was there at home everyone will be in hospital only, in the month of September, my sister-in-law elder sister came with empty hands and moved out in about 30minutes with big suitcases, my dad was also questioned  what you are carrying and you are moving very urgently that too with out having lunch also, she replied I had to go very urgent, as I have some important work. My dad put silent and he had trusted on her.

That day we never realized that we lost my mom's valuable clothes,jewels and about some money which she has renew her insurance premium. After returned back to home she had observed that my mom can't talk and walk, everything should be in bed only, After 3days my mom again hospitalized due to vomiting and loose motion, doctor said the root cause that its because of food poison, As she is the only one lady who have to cook and serve no one else was there at home to prepare food for my mom and including my brothers. Very next day she said that her grand mother serious, I need to go because my brother waiting to take me to hospital, now also we believed her words and sent her to hometown.

after one month we realized that her grand ma didn't admitted in hospital and all words from her as truly fake words since we had been to her home town last month along with my elder sister and my elder brother and dad and enquired about her henceforth, everything is wrong which she said though we requested her to comeback since there is no ladies to take care about my family if not possible atleast  come for your husband but she refused to come back again.

Now, she lodged a complain against my elder brother, dad and sister and booked a case under

IPC 498(A), Sec.4 & 3. 
my question, how to solve this issue which is 100% fake statement from their side.

1) she complains that she paid 3 Lacs rupees as dowry and 20 soverign gold and 20000 rupees paid as a AADAPADHU LAANCHANAM. This is utterly fault

2) should I complain against of her stating that she had stolen my mom jewels and valuable clothes and things which belongs to my mom.

3) I am planning to put a case against of her stating that because of her my mom again hospitalized she added something in food before she leaving.

4) as she already booked a case and sent notice also thru court, in this scenario is it possible to lodge a complain against of her.

Please solve this issue and save my elder brother and my family, since they don't know anything they are very innocents.

Thank you so much in advance 

Hope you understand my pain and feelings including my family members

Thank you once again

Abhishek Mishra (Noida)     02 February 2014

Hi Law Experts, 

I have a query, my wife and my fool father in law has badly disturbed my life. I got married on 8th december, 2010. Just after 20 days of my marriage my wife told that she has to go to her home for completion of her research PhD work. I told fine how long it would take. She told me that it would take one month. But she stayed there continuosly i said why you had not completed your research work and then got married. I am living here at Delhi and you are living at your hometown that is 800 Km from here and mine is a private job how we will meet. But she was saying that i don't want to discuss this. If you have to discuss anything else we can talk. Even then i continuously sent her money. Infact she was using my ATM for withdrawing money. I have proves of that.

She completed her PhD ultimately in December, 2011 and in between this period she joined a Primary school job in UP Govt. that i really don't like. I told her why you are joining that if we have to live here at Delhi/ NCR why you are joining the job there ? There are lots and lots of school available here. But she joined the job and in March, 2012 fell somewhere while coming from her school in her hometown. Her right hand was fractured. She sent me a message that in bad times only husband is the one who helps. I said but you did it all against my will. But even then gone to her hometown and then she was admitted in APEX hospital varanasi. I paid the fee the total expenditure was nearly 82,000/- her hand was operated. I took the bills so that i can claim the sum in my office. But when i claimed my PTA said we need Discharge descripttion to process your claim. I called my wife and told please send me the Discharge Descripttion and one X-Ray. She refused and hasn't sent that. I lost the entire sum.

In Hopital i told her that now please come with me its already more than 1 years and we are not living with each other. She told yes now i realized that i should live with you. In hospital i was the one who took care of everything of her that includes lattrin, bathroom, bathing clothing and everything. Now as per our discussion she told me that i can come with you after 10 days so that my hand me recover a bit. I said fine and booking a flight ticket for both of us. I came back and tried to call her several times. Her phone was switched off. My parent's called her father but her father told that she will not come with me right now. I said why now she will come with me. But she didn't came and i lost the entire sum of flight ticket.

We stopped talking and after 5 month she called me up one day and told me that now i can come with you. I said but i want to know the reason why you didn't came when i booked a flight for you. She told me forgot everything just come to me i will come with you. I said fine and she asked for INR 10,000/- i said why this ? She told then how my parent's would trust on you that you will take a good care of me. I was amazed that if trust can be buyed out ? But still i sent the sum online in her account. and gone discussed with her father and she came after one month to my rented house at Dwarka, New Delhi.

After one month she told me that my job is not transferred to BulandSehr and i want to join that. I said i don't need that job. If you want to join somewhere there are lot of schools in Dwarka itself you can join here. But she was crying then i told fine no need to cry and gone to her hometown for all the reliving formalities of her from her previous school in her hometown. And gone several times with her to BulandSehr and whenever i found it difficult to go there i booked special cabs for her so that she may go safely there.

For her job only i shifted to Greater Noida which is more than 40 Km from my office. and in shifting i spent nearly 35,000/- but never taken even a rupee from her. Booked a special Auto for her so that she may go safely to her school as my future is entirely dependant on her. Now we were planning for a baby. But i came to know that she has some hormonal disbalances for that she was in continuous consultation with Dr Chandra Mansukhani, Sir Ganga Ram Hospital, New Delhi and i spent more than a lakh rupee on these. For her outfits i spent nearly 97,000/- for other medicines like her physiotherapy of her hand and other's spent more than 30,000/-.

Now i booked a house that too in name of both of us. Me and my wife i myself had given initial amount of 6.5 Lacs but just about after a month the builder asked for another 10% that is nearly 4.6 Lacs i asked my wife that i just have 1.5 Lacs with me. If you will help me as you are in job from 2.5 years now and i haven't taken even a rupee from you. But she refused and told me that i don't have money i said but what you are doing of your money ? She told i made Fixed Deposit of it. Then i said is it justified that i will take Loan from bank on 12% and you are making FD on 9% But she was giving me warning that what you are doing is not correct. I said what i am doing is not correct please let me know i really want to know. She was telling that i dont have faith in you. I said very strange without faith how a relationship of husband and wife can grow ? In between this discussion i just caught her hair. On this she called police by calling at 100 number. But the police told her that your husband is a Gentleman and you should support her. He is even paying your telephone bills if he is asking to show your FD why not you are showing that. On this she called her father who is a Lawyer at Lower Court Jaunpur. He came at night 2:00 AM and fought with me and used abusing words. Only me and my wife was available at house at that time. Her father came with 3 other peoples. He told my wife to don't live with this man now. And morning at 5:00 AM they left my house. My wife packed everything of her and gone.

I complaint this to SSP, Noida and she assigned the complaint to Mahila Cell, Gautam Buddha Nagar, Noida. Mahila cell called my wife but she was unable to say anything in front of Inspector and other lady police available there. 

But now she has complaint of Domestic Violance for Dowry and 498a against me in National Council for Wemen, Lucknow and to the Probationary Officer, Jaunpur (UP). 

Through RTI I asked for the report from Mahila Cell, Gautam Buddha Nagar and the report is completely in my favour saying that my wife don't have any reason not to join my house. There is no such violance taken place. 

CO, Gautam Buddha Nagar also called me on complaint at NCW and has prepared his report. I also had asked for that report. I guess that should also be in my favour. Because i had done so may things for her happiness. I have all photographs of her b'day that i celebraed in 5star restaurents, our visit to tourist places, Medical bills of more than lakh all these in just a single year of her stay with me.

 

So want to know whether the reports from Mahila Cell, Noida and report of CO will help me as these are report from Gautam Buddha Nagar and she has complaint at Jaunpur.

Please let me know ASAP.

 

 

 

 

T. Kalaiselvan, Advocate (Advocate)     04 February 2014

@Vinay: To your questions:

my question, how to solve this issue which is 100% fake statement from their side.

1) she complains that she paid 3 Lacs rupees as dowry and 20 soverign gold and 20000 rupees paid as a AADAPADHU LAANCHANAM. This is utterly fault

Not only you, even she knows that it is difficult to prove her claim, so allow her to prove her case and then contest the same on merits.

 

2) should I complain against of her stating that she had stolen my mom jewels and valuable clothes and things which belongs to my mom.

No you should not do that at this stage, it will be misconceived as bad design.

3) I am planning to put a case against of her stating that because of her my mom again hospitalized she added something in food before she leaving.

It is time barred because you cannot prove that at this stage.

4) as she already booked a case and sent notice also thru court, in this scenario is it possible to lodge a complain against of her.

It will not have much impact and will be considered as a counter case.

Please solve this issue and save my elder brother and my family, since they don't know anything they are very innocents.

Best thing is to contest the same tooth and nail on the basis of evidences and truth in your side.

 

Have your brother filed a divorce case? or atleast have you people spoke to her or her parents  or any elders of her side to know her intentions?, if an amicable solution is arrived at through such talks, try it.

1 Like

Abhishek Mishra (Noida)     06 February 2014

Hi Legal Experts, 

Please reply my query as well.....

Vinay (Software Engineer)     06 February 2014

Thank you Mr. Kalaiselvan SIr, 

Have your brother filed a divorce case? or atleast have you people spoke to her or her parents  or any elders of her side to know her intentions?, if an amicable solution is arrived at through such talks, try it.

 
a) we didn't get a chance to spoke with their parents or elders because my lawyer has advised us let us first get bail of my dad and elder sister we will sit and discuss with them, and also will try to find out their main intention, so awaiting for bail of them. the hearing is postponed to 10of this month.
 
Thanks for your kind reply
 

T. Kalaiselvan, Advocate (Advocate)     06 February 2014

@Abishek Mishra:your query "So want to know whether the reports from Mahila Cell, Noida and report of CO will help me as these are report from Gautam Buddha Nagar and she has complaint at Jaunpur."

I think you are lucky enough that the Mahila cell and CO reports are in your favor, which generally they do not. You have almost won the cases against you even before appearing the court, because the said reports have their  own value especially when the cases are contested on merits, these things will be taken for consideration, be confident.

1 Like

Vinay (Software Engineer)     14 February 2014

@ Mr. T. Kalaiselvan Sir,

 

Today we got my dad and elder sister on bail, so please advice me how to take for further steps...since my entire family has fully in depression due to this reason.  I will be appreciate your favor

 

Thank you so much in advance

Abhishek Mishra (Noida)     16 March 2014

Hello Experts, 
I have one more query regarding transfer of DV case, please don't respond before understanding the scenario i mentioned below : 
 
I got married at 8th December, 2010 and just after 20 days of living with me my wife gone to her hometown telling that she has to complete her PhD and stayed there for nearly 2 years. In between this period she joined a U.P. Govt. Primary School teacher job at her hometown itself i continuously told her than why you are doing like that I never forbaded you for job what i am telling is just do the job here at Delhi/NCR where i am living but still she joined that.
 
While coming from her school with some person i don't know who was that but she fell from his bike and her right hand bone was fractured. It was a Major Fracture. she called me up and told that at bad times only husband is one whom i can have trust. I said fine but i forbaded you for this job even then i gone there and in hospital i had done each and everything lattrin, bathroom, bathing etc etc of her but at the final day when she was about to discharge from hospital. Her father came to hospital and then she again told me that i will come with you after 10 days i just want to consult the doctor once again. I said fine i booked a car for her and she and her father sits in that and gone and after that she switched off her mobile phone. 
 
As per our discussions in hospital I booked an Air Ticket for me and her and tried to contact her several times my parent's also called her father that why you are not sending your daughter. He told that i don't have faith in you people she will not go right now. It was really strange. After that we stopped any kind of discussions between us. after nearly 6 months she called me that what you are doing can't be done by any husband. I am ready to come with you now. Send me INR 10,000 /- I said why this is required she told me that then how my parent's will have faith in you. I was amazed that if trust can be buyed out. But still i was eager to establish my married life and sent her INR 10k in her account through online transfer from my citibank account.
 
she sold few of her jewellary there i said why you done this she said its mine and have rights to do so. 
 
In August, 2012 after nearly 2 years she came to me. and said my job is now transferred to bulandsehar so i can live with you. i was happy that anyhow she came to me and joined me. I have given bribe to several peoples also first time in my life for her job transfer and joining formalities etc....
 
So, she nearly lived with me for 1 year in between this period i found that she has some problems in pregnancy so consulted Dr. Chandra mansukhani at Ganga Ram Hospital, Karol Bagh, New Delhi and spent more than 1 lakh on these. I booked a house here in Noida Extension in name of me and her and paid initial amount of 6.5 lakhs from myself. Just after one month they asked for another 4.5 lakhs i told my wife that Swati i have just 1.5 lakhs right now in my savings account and you are working from last 2.5 years and for that only i am living here at Greater Noida 40 Km far from my office and I am paying 8,000/- per month extra every month.
 
She told me that i don't have any money. I said why you are doing like that i did everything for you moreover the house is also in your name its not just mine. She told that i dont care and on this discussion i caught her hair and not even pulled that. Immediately i realized that its wrong and i immediately told her that sorry but she is daughter of a lawyer at Jaunpur (U.P.) she called police at 100 number.
 
But the person told her that why you are doing like that your husband is not wrong why you are not supporting him. Why you are cheating him and told me that i talked to you, you are a kind gentleman just talk to your wife politely perhaps she would understand you. In the same evening her father alongwith 4 other people came to my house at night 2:00 AM and talked to me in very irrespectable manner and told her daughter to pack her luggage and she packed all her luggage and accompanied him.
 
Then i complaint to SSP, Noida to call my wife by sending notice and ask her whether she has to live with me or not. They called her and on several strict notices from "Mahila Cell" she appeared there and told everything. Inspectors and Mahila cell tried to convince her that your husband is not wrong moreover he is feeling guilty that he caught your hair and he is clearly accepting this however looking at the facts you are wrong. But still she is not ready to live with me.
 
After all these she filed a complaint of Domestic Violence at State Comission for women, Uttar Pradesh at Lucknow against me, my parent's my eldest sister who even don't live here with me. Police investigations done and found that i am not guilty and they sent their report now the complaint is cancelled there.
 
Now, again they have complaint in court against me and my family of domestic violence. Probation officer at Jaunpur called me up i visited there at Jaunpur the probation officer discussed with me and found that there was not any serious matter for that Domestic Violence case can be filed. But still he told me that even after my report in your favour court may send you notice. 
 
Now i am very puzzled to run everytime to Jaunpur moreover i haven't done anything. I have every evidance lots and lots of evidances i have to prove myself that i am a very very caring husband and i have 3 reports now :
 
1. Report from Mahila Cell, Noida
2. Report from CO, Surajpur, Noida
3. Report from Probation Officer, Jaunpur all in my favour telling that nothing is done.
 
 
So, i want to know can this case be transferred to Delhi on the basis that :
1. I have my job here and can't go everytime for hearing at Jaunpur.
2. Her father is a lawyer there itself and can influence the case.
3. Its not safe for me to go there.
4. Now I am Living at Delhi.
5. She is PhD, a working lady and can travel moreover her job is also in BulandSehar, near noida
6. Her brother is working at Gurgaon she has accomodation here so there will not be any problem for her to come here.
7. I can pay her travelling expanses.
8. All these are done just to harras me as there are three reports in my favour even then they are proceeding with this case. And neither ready to come nor giving Divorce.
 
 
Please let me know ASAP. I have to file that in Supreme Court to transfer it to New Delhi i can't go to Jaunpur. Can you fight my case for me if this will be transferred to Delhi ?

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