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ABCD   03 September 2015

False 498 on husbands married brothers family

Hi Sir/Madam,

Last year my brother-in-law(husbands brother) got married .
wife and husband are working in different places before marriage and wife agreed to take transfer after wedding and join him .
After wedding they were working in their respective places
My brother in law used to stay with us before marriage and after marriage he started looking for a house as his wife would join him.
Mean time 2 months after wedding we moved to another house and he also took another house to start his family.  BIL wife doesn't know our new house  address but knows about her husbands house  as they talk each other on phone for hours.
except hi /hello we don't have much contacts with brother in law and his wife family

there were only telephonic conversations between husband and wife ,ego /cultural differences started between them and things became worse .During their arguments husbands  says  gril has  threatened him and  Brother in law sent a legal notice to her saying that she should sign that she will behave in good manner else she cannot join him .
All these things we didn't know as he was living seperately . One day his wife along with her brother came to us (we met in restaurant as they called us during that time ) and said that she would file police case against her husband if he doesn't accept to start maritial life .
But brother in law says she should write that she would behave normally to the legal notice what he sent .Both of them sticked to their decisions . We couldn't do any thing as both of them are not ready to listen to any one . we thought it would be good if they live happily but thats not in our hands and nor we can do anything.

She filed a 498A after 2-3 interactions in police station with her husband .
suspecting something Brother in law vacated his house and with out telling us moved to a different state and hence she couldn't catch him . Honestly speaking we didn't know his address except he called us and said he moved .

few days after police called my husband and said he is also one of the accussed in 498A
My husband filed RIT as we don't want to spend time in station and also inlaws, brotherin law were not corporating with us . They started living in different state and we have no clue on their address nor we can convince them to appear in PS .

In RIT process our lawyer could get a copy of FIR and FIR cleary mentioned that girl complained  that her  husband and father in law demanded for additional dowry and not allowing her to start marital life

then after few days   girl  came with  lady police to our house issuing a new notice , that notice has my name in A5 and my husband name as A3 . In FIR our names were not mentioned .We went to PS took station bail. Police didn't even ask anything . if he feels we are accussed then he should ask some thing right he didn't ask us anything took some bribe through our lawyer . Just asked about inlaws , brotherin law ,we said they are in chennai. he asked to us to tell them to come to PS and he is not going to harm them . we said same to in laws /brother in law on phone .

Our lawyer filed a quash on the notice served to us saying I and my husband have nothing to do this case . we were not mentioned in FIR and how can they sent notice to us to come to PS and fresh notice saying we are accussed .

Mean time inlaws /brother in law managed to get bail and they went to PS . After some time charge sheet is been made and court issued summon to us  as they added my name and husband in charge sheet as well .
Same time we got 482 crpc from HC giving a stay for the reason of circumstance to add our names

so we didn't go to court as our lawyer submitted the stay order . My inlaws and brother in law attended the court .

Now have below queries please clarify

1. Its been more than 2 months our lawyer sent them i.e  to girl and her lawyer on the HC direction , Niether she or her lawyer attended HC , HC gave 4 weeks time . MY doubt say girl or her lawyer doesn't meet HC at all , what would be the out come . Is  our quash petition useful or is of no use? we needn't attend lower court for trail  until HC directs us ? is there any lapse time ?
our in-laws are saying they were not given charge sheet in court as me and my husband didn't attend
how ever our lawyer got the charge sheet and we know the content now
is it required that charge sheet would be given only if all the accussed visit the court?

2. Say that 498A lady goes to HC judge and says me and my husband harassed her , just by her words HC judge feels that we are wrong ?
will our names be quashed in the case ?


In charge sheet she writes I and my husband along with her husband and in laws harassed physically and mentally . She stays in different state and  I or my husband never called her how can we harass her , In trails will court go by her words and believe her? Her mother ,  brother and SI are witness in charge sheet .if they say i mean she , her witnesses support her will court accept  to what ever they accussed on us  .
what should we do should we do to prove ourselves  get our call records saying we never called her number some thing like that ? Please tell us say  girl  says she was harassed, does court believe blindly as  498A is to protect a woman .

in charge sheet she says below things are there which are not mentioned in FIR

1. After marriage in laws , me and my husband went to their place demanded for additional dowry and 50 savars gold and 2 kg silver is given.
its all false . Me and my husband after marriage went to 498A lady place accompanying her husband as its customary on our side to go along with bridegroom .
we went to chennnai and both of us(me and my husband ) went around in chennai and started next day back . we never harassed them we didn't have meals in their home as went to out .

2. She says gold/silver given during marriage time are with me and my husband in charge sheet
not sure why she wrote like that .I don't even know what gold she has
what proof court expects to support above . she was gifted with 10 lakhs worth gold from our side and its cleary seen in videos.

Please suggest does court believes this false statement


3. she also wrote in charge sheet that she along with her brother came to our house and at that time in laws , her husband were also there , she wrote we all pulled the property documents (her property documents on her name ) from her brother and necked them out of the house and she gave this was at our old house . On the day she mentioned back we were not staying in that house .
In FIR she mentioned she couried her property documents to in laws on a date and in charge sheet she said we took it forcibily and  both are contradicting . At least we have proof we were not staying at that address she mentioned in the chargesheet.

but how to show the proof we never harassed her and her gold is not with us  we are not sure how to prove our innocence .

what i wonder is when she has 100000 lakh worth gold gifted from our side during marriage what is the need for her to keep her gold with us
how to proof this false statement please help

Court  gave  us (me and my husband_ some direction 482crpc and stay .
Can we avoid attending trails as we have stay for entire period (dono how long this takes) ?
or some thing we need to apply each time or request HC ? what are the various phases in this please explain
 
 

She herself mentioned  in  FIR saying that  her husband and father in law are not allowing her to start marital life in hyderabad  and  she is residing in chennai and making efforts  for  getting  transfered to hyderabad to join her husband .
They made additional dowry of  5 lakhs and until that is given she cannot join her husband . This is her allegation  in FIR

 


In FIR she mentioned  harassement is  by  husband and father in law and now in charge sheet  she added  husbands married brother and his wife i.e me and my husbands name.

is it not a  sign of  weakening her case ?
we applied for quash in HC and they gave stay for us .our lawyer gave the HC direction to her and her lawyer  in form of notice
Hence if she never appears  in HC or her lawyer  what would be the final out come ?
is our quash petiton of no use ?


she is gifted gold worth of 10 lakhs  gold  by in laws to her  during marriage and engagement .
we have videos and photographs of above .
what my doubt is when she keeps her gifted articles with her  , what is the need for her to give her own  gold (50 savaras she claims) she owns to me and my husband .

brother in law has recordings where she says the gold gifted  to her is with her  and  she can do anything with it .
may be this helps him for his case 

but if she bluntly says in charge sheet gold/silver given during the time of marriage is with me and my husband .
why would we have that . will any one give gold  to husband 's married brothers  family ?

About giving gold is not mentioned  in FIR.  how can they add this huge statement of  gold  is with us in charge sheet but not in FIR.

 

Will court appreciate this additional statements  , and these additional ones are not  simple one which could be forgettable  to mention in FIR

I think she started  some thing from scratch and evolved a story  in charge sheet  to make her case strong .

Frankly speaking I don't even know  what  gold she has and also don't know she really  has any gold or not .

One thing we are not in joint family and  she didn't start  her marital life . why will gold be with us when she has all her belongings .

Should we fight for all the non sense she wrote about  me and my husband . Any one who can go through charge sheet and FIR  could  easily make this . But will judge go through this  i mean FIR and chargesheet .

what should we go to prove our innocence . I thought quash petition would work but HC gave stay not sure when that would be solved .

Please guide me , I am not boasting about myself , I am very calm and introvert who would do my business   don't interfere in others matters  and  don't talk anything bad  about any one .

felt bad seeing the charge sheet . The girl called us asking about her husband , but  I can't  say to her to stop her domination or convince my BIL to adjust . When both want to dominate each other pulled the threads until it broke and  she dragged us to take her revenge on her husband .

but not sure how Judge would know this .



Learning

 8 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     03 September 2015

My goodness,how could U draft such a long query,are U in legal profession?

U should mention the query briefly taking into account only the main points 

ABCD   03 September 2015

Sorry I just wanted to give a history  so couldn't shorten .

okay  my queries are  these

1. In FIR my name and my husband names are not mentioned by the girl . She said  her husband and FIL are not allowing to start martital life as they are demanding dowry . but  she came with a police giving a notice  saying  me as A5 and my husband A4 and we harassed her and need to attend PS.  We filed quash on HC which gave 482 crpc  but till date she or her lawyer didn't turn up

mean time we got summons from court  but we didn't attend as our lawyer submitted HC stay order . so my question is  if she or her lawyer never meets HC what would be outcome ?

ABCD   03 September 2015

Another Query please, She Says in charge sheet gold given during marriage time is with me and my husband . They never gave any gold in marriage to us . So burden of proof  in this lies with whom please clarify .

 

 

ABCD   03 September 2015

One last query , She says I and my husband also physically/mentally harassed her for dowry .how to prove our selves . She never started her marital life . She is in chennai and we are in hyderabad .

i called her  only once to wish on her b'day . So how both harass her?  in trials  burden of proof lies with whom ?  in chargesheet witness are  Police SI. brother  mother

SAINATH DEVALLA (LEGAL CONSULTANT)     03 September 2015

Madam,

Domestic voilence laws are only women oriented initially.FIR's and Chargesheets go as per their complaint.But it is the headache of the matrimonial home to prove innocent to the acquuisations and allegations with true merits from their sides.Even courts know 90% of the DV cases are false,but the court has to act according to the investigation and the chargesheet.

ABCD   03 September 2015

Sir,

Thanks for replying back . So its my responsibilty to prove

sridher (system analyst)     07 September 2015

onus on the complaint to prove all allegations dont worry you are safe according to my opinino

ABCD   08 September 2015

thanks  for the reply 


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