Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Fight against misuse of 498a ipc.

Page no : 9

Rajendra (self)     28 March 2015

thanks sir very usefull information

Rajendra (self)     31 March 2015

 

sir 

my son married on 18 feb 2012. since then wife remain at our  home for  7 days on marriage. she refuse to make any physical relation with him. later in march12 she came for 2 days. again refused and slapped husband .third time she came in june 12 live  for 4 days,  same story repeated with some violent behaviour by wife causing scratches on face and chest of my son. she used abuses and demoralising language with husband.

 

from july 12 she changed her contact number and stay away at delhi for competition preparations. in spite many request, her parents dint give any contact no. and address of delhi.  she dint contact husband till nov 13. Two sittings were arranged in between this period to settle the issues with wife and husband but with no result. she remains at delhi   lastly in jan 2,015 husband file divorce case in distt. Judge on account of mental torcher and desertion. as she came to knew, she rushed on 27  feb .2015  to our city but we were not at home she makes photograph of locked door with him ant goes to relative house near in same city. her father and brother joined her on 1st march 15 at relatives home. father and brother ca.me to our residence to discuss but we were afraid of her behaviour so husband refused to make any compromise they then call a meeting of samaj but with no result. they make a false complaint to SP with one scratch, she reported false statement that she was living with her husband from 27 feb 15 to 9th march 15 and she was thrown out of home by husband family members demanding  rs 50 lacks for flat. a medical was done with one scratch and pain reported by girl but no injury seen. she lied that she was living with husband actually she stay at relative home  with her father and bro from 27 feb 2015 to 10th march 2015. now she register case on 18 march 2015 at mahila thana at Jaipur, under section 498a ,323 and 406 against husband mother father and married sister . she never live with her husband after 30 june 12. she used to demoralises her husband during this 13 days stay and dind allow any relation till now. she dint received notice of divorce from court. Please guide us. What to do.

 

 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     31 March 2015

Please take Speedy Trial and Perjury as your weapons.

 

Please apply for speedy trial immediately in HC without any delay and state your points properly by annexing the copy of your documentary evidences.

 

If possible then do this in-person and be the council for entire accused. (Without any Advocate).

 

Your points will be recorded in the HC order with speedy trial direction and later this will act as an evidence during trial.

 

You also can make a counter FIR against her since you are a senior citizen, you will get advantage of it.

 

If possible, hire a spy behind her and collect evidence about her.

Rajendra (self)     02 April 2015

BANI SIR 

THANKS FOR YOUR REPLY AND TIMELY ADVISE.  IT HELPS ME A LOT,      PLEASE  KEEP  HELPING SUFFERER,

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     02 April 2015

Sure, Thanks.

Jitendra (Manager)     26 April 2015

Thank you

Jitendra (Manager)     26 April 2015

Hi Expert,


I need your advise. Actually one of our worker's wife has filer a false dowry case against his(husband), his father (father-in-law), his mother (mother-in-law) and my father against IPC 498A, 323 and 3/4 DP Act.

Though I know that IPC 498A applies only to husband and his relative. But I dont why police is not ready to remove my father's name from this case.


Could you please advice what shall we do to get out of this case.

thaanks

Jitendra

Jitendra (Manager)     26 April 2015

My father is not any mean the relative of her husband. I am attaching the copy of FIR. Please advice accordingly .


Attached File : 20150426001528 445695165 fir.pdf downloaded: 139 times

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     26 April 2015

Please translate in english and send it again.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     26 April 2015

@ Mr. Jitendra,

 

Answered in the following link -

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=103111&offset=11

Raju (n/a)     12 May 2015

Sir I too suffering in same case since 2007, & I got Bail, but again filed same case on 2011 but police comes to me on 2015 & taken me p.s. & demanding money otherwise they are saying they will send me jail, is it possible. kindly advice me.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     13 May 2015

As you posted in the following link, You should not bring her back once she loudged the complain first time. Staying with this type of woman is always a high risk.

 

Now you need to go for qushing with speedy trial. You need to show that the first 498A is already pending.

 

https://www.lawyersclubindia.com/forum/498a-filed-twice-in-same-name-120985.asp#.VVJGUfDwpG0

Raju (n/a)     13 May 2015

Thanks for Your valuable reply. sir let me know what is the procedure for quashing my both 498A cases, where & how & which types of documents need for that, kindly advice me.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     14 May 2015

Various quashing with speedy trial sample petitions and clues are already available in this thread.

Mikey   09 August 2015

How can one prove the 498a to be false.? what evidences could be of help


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register