Shruthi (ererer) 13 March 2012

Dowry

Hello,

I have filed 498a and 3 &4 dpa against my husband and in-laws. Those cruel people got permanent stay from high court till quash is finalised and they filed it 6 months back. Im very much concerned how things will move on next. I need your help, they have stated that the whole complaint is false and baseless. I suspect my lawyer is also joined them and he is also saying its very difficult to prove and demanding more money for case. Please suggest.

1) My lawyer said, we cant fight this case here asking me to prepare my mindset well, as the jurisdiction is not in our state. And he is saying that i need to go to my husband place for fighting this case and also tells even supreme court cannot transfer this to your wish place except the place where crime has happened. Is this correct? Please suggest is there any other way to make this case not to be moved out of my native place.

2) He informs me, that I havent mentioned clearly anywhere in complaint that i entrusted my jewllery to husband. He says we cannot ask them now and also no relevant section was added to this in your case. My jewellery is with the them only. How to get them now, can i file another complaint now? Please tell me in which section i need to file complaint so that i can get my jewellery back.

3) In my complaint, I mentioned that my parents gave some gold to husband at the time of marriage. But actually, my brother and cousin brother only gave two gold ornaments to my husband at the time of marriage and we have not included my bro's as witness as they were about to go abroad and also during investigation no one have said about those ornaments given by bro's to husband. IO didnt ask evidence at the time of giving statemnts. And those waste fellow have said in quash that 'at the time of marriage my parents did not give anything to my husband and said allegations is false, vexatious'.

My lawyer asked me to get evidence about this...i showed the photos of my bro and cousin bro giving those things. But he asked me where your parents are there in that photos. I said my bro and cousin bro only gave those. He replied, that its difficult to make court believe now, you are contradicting your 161 statements now where you and ur family havent talked about any gifts given by your bro's and you are giving different versions. Is this right, I can't change statemnts? How to prove them now, that my brothers gave it ?

4) My lawyers says, court will suspect my complaint as suspiciou because after i have been necked out from husband house and I havent filed any cases for two months and also says i didnt explained anything in complaint for that delay. Is this true? He scares me, the complaint can be quashed based on this point also.

5) My husband lawyers, i forcing in court to get the some bill which we have mentioned as I didnt submit any bills for my jeweller at the time of filing chargesheet, Is it safe to submit them in original in high court?

Thanks!

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8 Replies

adv. rajeev ( rajoo ) (practicing advocate) 13 March 2012

It is correct to say that the court has got jurisdiction where the offence is committed. Yes bills are required to prove that your family members had given jewellaries to your husband during the time of marriage. If you have got bills you can also prodeuce it in the high court

MARIE at law (Law asst.) 13 March 2012

Sam , says correct .ple .don't loose your life think 100 times before goto court ,it can't give you lifeple. think your life after 10--15 years

Shruthi (ererer) 14 March 2012

@All. Thanks for replies. Through mediater we approached to my husband family and tried all best for compromise. But they are not intrested anymore to do it. They want case to run.

Please clarify answers regarding, my questions 2, 3, 4 also.

My lawyers, is saying i cant file maintenance case as the stay got permanent till the quash is over. Is it true i cant maintenance case now?

My Lawyer informs me that to file case for maintenance, you have to mentioned that i have filed 498a case and it has been stayed permanenly in HC, in that situation judge will not accept your petition for maintenance at all until the stay is vacated.

And If i dont mention regarding permanent stay in my maintenance case, in that situtioin my lawyer say then my husband will say you did not approach court with goodness and immidieately judge will dismiss the case. Is this correct? Please help me in this situation and let me know whether my lawyer is correct or not.

My lawyers scares me that i cant put any case, until permanent stay in HC is vacated. Is it true?

Please help me through your expertise!

Thanks!

Anon (EFG) 14 March 2012

@Shruthi

Quash depends on what allegations are written in FIR & evidences collected by IO during investigation. If you have used the standard format wild allegations and if chargesheet doesnt collect atleast main evidence in support of it, Judge will smell very fishy and would be easily quashed. There are many recent judgements which are very hard on the false cases. To know true picture of your case consult couple of competent lawyers in your area. Its difficult to give real picture of success or failure of quash without look both at FIR & chargesheet.

Did you go through mediator for compromise before filing 498a or after filing 498a? Was anybody arrested in 498a? If your case is weak eventually you have to go for divorce either willing or unwillingly.

Shruthi (ererer) 15 March 2012

Please don't judge my case! I know what i suffered and how much i suffered at my matrimonial house. I'm here for getting your help. I have consulted lawyer, and he was saying the things which i have told in my past posts.

I humbly request help me by replying to my questions 2,3,4 in intial posts. And also below queries, in my previous post.

My lawyers, is saying i cant file maintenance case as the stay got permanent till the quash is over. Is it true i cant maintenance case now?

My lawyers scares me that i cant put any case, until permanent stay in HC is vacated. Is it true?

Please help me through your expertise! I would be thankful to you so much.

Shwetha (Software Engineer) 15 March 2012

@Shruti

dont worry...if u have really been harassed, you will get justice....sooner o later

now...all that matters is what kind of justice are you looking for?

1. do you want your husband and in-laws to pay for what they have done and want them to be punished behind the bars

2. or do you just want your things back along with some compensation and want to forget everything and start a new life altogether.

i know getting both would be lovely but thats a a lot to expect at this stage of your case...

you first need to make-up on your mind on this and then think and plan accordingly...

please dont try to sail in 2 boats simultaneously....you cannot file the case and then ask for compromise at the same time...the compromise option has to come from the other end...

and it will come, the day you their quash petition is dismissed...the day they start facing the wrath of 498a...And then you can decide whether to let them go for money or to put them behind the bars...until then you need to be strong and fight without fear...

your husband and in-laws are playing mind-games...they probably bought your lawyer and he is misguiding you...thus weakening you mentally....and they have filed a quash petition in their state making you travel all the way, there by harassing you further...and you are succumbing to all this...DONT.

your case is only 6 months old...give your cases atleast 1.5-2 years and then see how things change...until then, have a mindset that no matter what and no matter where you are going to fight...you are not going to give-up

MARIE at law (Law asst.) 15 March 2012

what your lawyers told are not correct, you can file D.V. (If your story is true)against your husband ,and in-laws then you can claim.After that File maintenance petition and get interim orders also,

also you give a petition to the I.O. to recover your articles from your in-laws house(if it is true) Dont give any evidence to your I.O. it will affect your case(If your statements are true)

If your are really affected by your in -laws they should not get quash be frank

why iam telling so much of time "If " we are all very much affected by the illegal and vengence girl

ple . think it 100 times before go for legal activities, it is a double sided weapon also

laws ares like donkeys if you go infront of this it will bitte you, if you go behind it wii kick of you think it.

Shwetha (Software Engineer) 15 March 2012

comming to your questions

Think. if your was really difficult or nearly impossible to prove, your lawyer would have called it quits and asked you to either go to somebody else or would have told you clearly that you are going to lose. but, he is asking you more money. this means there is a possibility for you to win and he wants more money from you becasue he already got some money from the other side. so, first things first - change your lawyer. Btw, its always a bad idea to always completely rely on one lawyer...try to see different lawyers and get their opinions...

1. I am no legal advisor. but if you have to fight it at your husband's place, so be it. Dont fear. Think of the beautiful days when your husband will have to travel all the way to your native place once this is over. No pain - No gain. so, just have patience.

2. I doesnt matter. You can get your jewellery back in your DV case. You can ask your husband to return you your jewellery entrusted with him any time before or after you file 498A and on him refusing to do, you can file police complaint u/s 406 or claim it through your DV case. infact, its comparitively easier to get it under DV act than u/s 406. so, actually good that you did not mention it in your complaint.

3. you can say, your brother and cousing gave it on behalf of your parents.

4. you can say you wanted to give one last chance to your husband and in-laws before you go to the police, as you knew that the marriage was over once you did that.

5. keep a xerox copy of all your bills and submit the originals to the high court.

and last but not the lease

1. you have bills

2. you have photographs.

your husband's quash petetion will most probably be dismissed. so, RELAX.