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devesh   07 April 2016

Falsely implicated in 498a and sec 3/4

 
Dear Lawyer sir,
 
Pl find below my case history for perusal:
 
 After Marriage, wife and her family dominated me. In Laws had too much interference. I was subjected to mental harrasment and cruelty, when i objected my in laws threatened me. My wife made fun of me and talked cheaply about me with her brother/friends- i have proof of those chats. 
I stopped interacting with her and then she finally abused me and then went to her home. 
2.5 years she lived there, they never apologized but reconciliation was tried but failed. They have falsely implicated me and my mom in 498a/sec3/4 .
 
1. Lawyer suggested separate bail for my mom first (secondry convict) and then once accepted , for me and insists for me to be present in front of Judge to create good impression.
 
2. Lawyer says the case is weak as she stayed only 5 months and then 2.5 yrs since then is away from me and Anticip Bail(AB) should be easy.
 
3. On rejection of AB, Can i be arrested and put in prison (police custody)  if bail is rejected or its just that i have to give statement to police and be released
 
4. I feel i have strong arguements to fight case on merit , how strong are email evidence of mine.
 
5. If there is a money exchange in my family members account before marriage fr some reason , is it counted fr dowry ?(they havnt mentioned it in FIR), Some valuables and jewellary given as gift by my in Laws are in our possession which we surely want to give
 
6. I want to talk for mediation and pay them up as i am capable enough after my AB is accepted, will it be correct? wont it be taken as sign of being intimidated
 
7. I dont fear fighting the case as i have proofs and also my incidents mentioned are correct (with proofs etc) while they have falsely mentioned all events but i am highly   concernd  for Anticipatory bail rejection and then being in custody and all as i never did wrong , What can be my lawyers strongest point to be put in AB application apart from my presence  which proves that i am not running away from law.
 
Pl Advise as around a month has been passed since FIR was done .
 
Thanks for your expert guidance.


Learning

 20 Replies

Pawan S (06292021602) (Advocate)     07 April 2016

Don't worry about this case much. You will get AB for sure.It’s a very common case with very common story.

 

Regarding 5th point..

 

•             Bank transactions before marriage will not be considered as dowry, if transactions have taken place long back prior to matrimony.

               

It's a one way transaction or bi-directional?

               

•             If a bride’s parents want to give the newly married couple gifts for the wedding of their own choosing, without being pressured or asked, and they do not want this to be seen as ‘dowry,’or a violation of the Dowry Prohibition Act, then they should have a list drawn up by their lawyer, with details (descripttion, cost etc.) of the gifts they are giving to the couple, and declare that these are gifts they are giving to the couple of their own choosing.The groom’s family too should have a copy of this list (so they are not accused of taking dowry either).Anything that is given to the bride and groom jointly as a wedding gift, belongs to both of them, and cannot necessarily be legally accounted for later on in case a situation warrants a separation.

 

Merely, I suppose you haven't got hold of this care either?

 

In that case, prosecution will try to show these articles as a result of the demand of dowry. Defence need to do good cross-exam of witnesses, and produce evidence which rebuts their accusations, and pokes holes in their evidence.

 

Keep all the bills safe and present them before the court to claim the ownership of the jewellery, car et al expensive items in case the wife claims her authority.

It is with much pity I have to say that even if you have all these evidences, you cannot assume an easy win. The wife would still enjoy an innocent place in the eyes of the unfortunate law.

 

Regards,

Ekta

2 Like

devesh   10 April 2016

Ekta,

Heartfelt thanks to you for writing and easing my concern for AB. However, my lawyer and few other relatives who are in law profession have hinted for a sure rejection in my case, though they opine that at High Court level it may be granted.  Lets see. fingers crossed. 

Is going for a normal bail also an option?  I also read that many times AB goes on for months. I only fear any warrant or surrender notice as my work will suffer. I dont understand  how a person who hasnt actually commtied a crime can be detained in lock up like a criminal. Nothing can be more dreadful than this misuse of law. 

 

Meanwhile, its a relief that  my mother has been granted AB. We presented a jewellery certificate from bank which proves my wife herself as a witness for her gifted jewellery, kept in bank just for safety, denying alleged malicious intentions of my mom  to snatch jewellery from wife and hiding them. 

The list that you are talking of, was never made. 

The transactions were unilateral, only from bride's side. 

Though i want to put forward and prove my wife's and in-laws' faults of how they have harassed me and finally responsible for destruction of a happy married life that was my right,  but as you rightly said that the current situation with the law is unfortunate, so its better to finish by settlement provided they agree for a divorce.

 

Also are forums like mensright india /helpline or any other that you know,  of good help as they claim they can help you in any arrest etc?

Will update you on this. 

thanks

 

Pawan S (06292021602) (Advocate)     11 April 2016

Thanks devesh.

Will wait for your updates.

Sudhir Kumar, Advocate (Advocate)     16 April 2016

After Marriage, wife and her family dominated me. In Laws had too much interference. I was subjected to mental harrasment and cruelty, when i objected my in laws threatened me. My wife made fun of me and talked cheaply about me with her brother/friends- i have proof of those chats. IT IS A VAGUE TERM. HOW WERE YOU DOMINATED AND WHAT HARASSMENT WAS THERE AND WHAT INTERFERENCE WAS THERE. Remember everyone fond of domestic violence and dowry related violence always uses term “interference” when girl’s family wants to help or rescue her just support her.

Sudhir Kumar, Advocate (Advocate)     16 April 2016

I stopped interacting with her and then she finally abused me and then went to her home. 2.5 years she lived there, they never apologized but reconciliation was tried but failed. They have falsely implicated me and my mom in 498a/sec3/4 . IT IS SUBJECTIVE AS TO WHY YOU STOPPED INTERACTING AND WHY SHE LEFT AND WHAT EFFORTS WERE MADE FOR RECONCILIATION AND WHY THESE FAILED. MERE WRITING THESE SENTENCES JUST DO NOT INDICATE THAT YOU AND YOU ALONE ARE INNOSENT.

Sudhir Kumar, Advocate (Advocate)     16 April 2016

1. Lawyer suggested separate bail for my mom first (secondry convict) and then once accepted , for me and insists for me to be present in front of Judge to create good impression. 2. Lawyer says the case is weak as she stayed only 5 months and then 2.5 yrs since then is away from me and Anticip Bail(AB) should be easy. FIRST OF ALL YOUR MOTHER IS NOT CONVICT ========== SHE IS ACCUSED ONLY ========= YOUR LAWYER WELL CONVERSANT WITH FACTS OF THE CASE IS THE BEST PERSON TO DECIDE.

Sudhir Kumar, Advocate (Advocate)     16 April 2016

3. On rejection of AB, Can i be arrested and put in prison (police custody) if bail is rejected or its just that i have to give statement to police and be released POSSIBLE

Sudhir Kumar, Advocate (Advocate)     16 April 2016

4. I feel i have strong arguements to fight case on merit , how strong are email evidence of mine. THEN FIGHT ON MERIT E-MAIL EVIDENCE CAN BE USED BUT THE PERSON WHO DOWNLOADED THE SAME CAN BE THE RIGHT PERSON TO STAND AS A WITNESS TO PROVE AUTHENTICITY. ============== IT IS YOUR LAWYER WELL CONVERSANT WITH FACTS OF THE CASE WHO CAN DECIDED WHETHER YOU SHOULD OR SHOULD NOT BE A WITNESS. ============== MOST LAWYERS AVOID ACCUSED TO BE WITNESS.

Sudhir Kumar, Advocate (Advocate)     16 April 2016

5. If there is a money exchange in my family members account before marriage fr some reason , is it counted fr dowry ?(they havnt mentioned it in FIR), Some valuables WHAT ELSE DO YOU THINK DOWRY IS

Sudhir Kumar, Advocate (Advocate)     16 April 2016

and jewellary given as gift by my in Laws are in our possession which we surely want to give = THIS IS GOOD EVIDENCE AGAINST YOU THAT STRIDHAN IS NOT WITH THE BRIDE ====== A POTENTIAL HURDLE IN BAIL ========= GET RID OF THE SAME AS EARLY AS POSSIBLE.

Sudhir Kumar, Advocate (Advocate)     16 April 2016

and jewellary given as gift by my in Laws are in our possession which we surely want to give ====== WHAT ABOUT HE JEWELLERY GIFTED BY YOUR RELATIVES.

Sudhir Kumar, Advocate (Advocate)     16 April 2016

6. I want to talk for mediation and pay them up as i am capable enough after my AB is accepted, will it be correct? wont it be taken as sign of being intimidated 7. I dont fear fighting the case as i have proofs and also my incidents mentioned are correct (with proofs etc) while they have falsely mentioned all events but i am highly concernd for Anticipatory bail rejection and then being in custody and all as i never did wrong , What can be my lawyers strongest point to be put in AB application apart from my presence which proves that i am not running away from law. THEN FIGHT ON MERIT YOUR LAWYER WELL CONVERSANT WITH FACTS CNA BE THE BEST PERSON TO DECIDE COURSE OF ACTION

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     16 April 2016

Originally posted by : Sudhir Kumar

I stopped interacting with her and then she finally abused me and then went to her home.
2.5 years she lived there, they never apologized but reconciliation was tried but failed. They have falsely implicated me and my mom in 498a/sec3/4 .



IT IS SUBJECTIVE AS TO WHY YOU STOPPED INTERACTING AND WHY SHE LEFT AND WHAT EFFORTS WERE MADE FOR RECONCILIATION AND WHY THESE FAILED.




MERE WRITING THESE SENTENCES JUST DO NOT INDICATE THAT YOU AND YOU ALONE ARE INNOSENT.

 

@ Mr. Sudhir Kumar,

 

Burden to prove all allegation lies on prosecution. Unless conviction is proved the quest is innocent. smiley

 

@ Quest,

 

Please see the attached citation of SC. SC ruled for no automatic arrest for 498A.

Please make petition of Anticipatory Bail (AB) in the District Court or High Court U/S 438 CrPC and show this citation. You will get AB definitely. Please do this Party-in-persion (Without Advocate)

 

Please see my profile for clues and sample petitions.


Attached File : 238522 20160416114454 45090199 citation.pdf downloaded: 84 times

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     16 April 2016

Originally posted by : Sudhir Kumar

5. If there is a money exchange in my family members account before marriage fr some reason , is it counted fr dowry ?(they havnt mentioned it in FIR), Some valuables

WHAT ELSE DO YOU THINK DOWRY IS

 

@ Mr. Sudhir Kumar,

 

I think you should re-study DP Act.

Donation of money (whatever may be the cause) is not dowry unless taken forcefully.

smiley


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