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Kumar Sri (Officer)     26 June 2014

Help required to sustain from false 498a/dvc

Dear Sir,

My Borther Married last year December 13 , on the first day of marriage, along with my family members we take her to our house from Marriage hall and on the same day she went to their house along with my borther as a customary, during that night in their house she become suddenly panic and abusing all their family members and my borther also, in addition to that she hold the neck of my brother and scold him without any reason, then their parents has given some tablets, after taking tablets she comes under control, 2nd day situation continues and she has admitted in local hospital and she discharged on 3rd day of the marraige and their parents bring her to our house, here also she started the same scene and she scold my parents and once again she hold my brother neck and abused him with valgur language. during that night their parents along with her daughter they went to their house , saying the she under the influence of Naga dosham, due to this she is behaving in that way and they told that they need to some pooja urgently.

After that she was not come to our house, after 2 days from 3rd party we come to know that she has been admitted and she has taken treatment in Nimhans and also she is taking treatment from 2006 itself.

Their parents not disclosed this information even after several request, then we decided not continue the relationship, then started calling all my family members and abused with valgur languages and even they trentened our entire family and also they planned to kidnap my brother.

She has sent many messages during this period to my brother and she admitted her self , that she behaved very violently with my brother.

then we have consulted the lawyer and filed a case for MC and asking for Cancellation of Marriage/Nullity.

After the case has been filed, they also attended the case and they have not put the objection, now recently they have filed an Objection and in that they mentioned we have taken dowry of Rs 6 Lacs, and now we are demanding them around Rs 50 Lacs and a luxury car and also they mentioned first night also over.

In addition to this, they also mentioned that we have tortured her in our house and also she mentioned that she stayed in our house for around 12 days from the date of marriage.

Please help us…since we have not taken a single Rupee from them and they are very poor, they are not in a position to give Rs 6 Lacs dowry, falsely they are mentioned all these statements in their objection and also they mentioned with witness they have given the dowry.

My brother and my family members are very innocent and we came from very poor family and with an hard work we have got jobs and we are taking care of my parents.

Kindly help us, what we have to do now.

 

 

 

 

 

 

 

 

 

 

 



Learning

 3 Replies

Laxmi Kant Joshi (Advocate )     26 June 2014

Kumar your advocate had well advised to your brother it is a perfect case to file for nullity of marriage as they had concealed the disease of her daughter before the marriage, now if they are saying they had given 6 lacs as a dowry in their ws you can ask the evidence u/s 91 crpc of their allegation , if they filed wrong information in their ws as well as in their affadavit then once case decided or her allegation got dismissed then you can file perjury case against her.
1 Like

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     26 June 2014

Mr. Kumar Sri,

 

Mr. Joshi has rightly advised you. Please follow it.

 

Perjury sample petition and other clues can be found on the following links: -

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg


https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

Kumar Sri (Officer)     03 July 2014

Dear Sir,

Please note, my brother wife has filed an objection, in that their lawyer mentioned the below Point.

"The petition is not maintainable on the grounds that there is no cause of action for filing the case, that there is no jurisdiction to file and entertain the above case before this Hon’ble court, since both the parties have last redided other the Bangalore, prematurely filed the case without completing one year from the date of marriage and the case has been filed with in a span of 3 months, hence the above case is to be rejected as not maintainable in the interest of the justice",

 

Since my bother is working in Bangalore for the past 4-5 years and he is leaving with me in house in Bangalore only, after the marriage as a customary we have taken her to Bangalore and our parents house (Mane Thumbisuva Karya)  and on the same day she returned to thier house, after 3 days of Marriage again she came back to Bangalore and our parents house, during this stay she become violent and thier parents took her to Nimhans, that was her last stay.

 

Now Judge has informed in the hearing , that on 9th of July'14 we need to reply for the above Point which their lawyer has raised...

 

Kindly help in this regard.

 

Thanks


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