False 498 a , 420, 354,328,506 and the effects on govt job

This should not affect your sisters in any serious way as they are innocent. If you can prove that the case is fake then there are a number of sections dealing with making false allegations, making a government servant use his lawful powers on the basis of unlawful allegations, defamation, using a forged document as genuine, etc. How can IPC 354 and 506 be filed against husband?

www.mehnat.in/wives.html

You and others should get anticipatory bail through lawyer then face the trial by producing proper evidence or you can file a quashing prtition u/sec.482 Cr.P.C. in High Court

Your sisters can apply for re-instate in the service and Govt. can consider the same as against a case arising out of matrimonial issue,failing which they can file a Writ Petition in High Court.

 

JUDGMENT

S.N. Aggarwal, J.

1. The petitioner joined the service as Sub-Inspector (GD) with Seema Suraksha Bal on 06.02.2003 at Arariya in Bihar. After he completed his basic training (Platoon Commander Training), he was posted for duties as SI (GD) on the Border Outpost. Within two months of his joining the service, his appointment was cancelled and was terminated from service w.e.f. 02.04.2003. The petitioner in this writ petition has called in question his termination from service and has prayed for a writ of mandamus against the respondents directing them to reinstate him in service with all consequential benefits of seniority and pay and allowances etc.

In the result this writ petition succeeds and is allowed. The impugned termination of the petitioner from service vide communication dated 02.04.2003 is hereby set aside. The respondents are directed to reinstate the petitioner in service forthwith. However, the petitioner has filed an affidavit before us stating that he will not claim back-wages for the period between the date of his termination and till the date of his reinstatement. We accordingly direct that reinstatement of the petitioner in service of the respondents shall be with all consequential benefits except back-wages for the period intervening between the date of his termination and the date of his reinstatement. The parties are left to bear their own costs.

Originally posted by : Sneeladdi
	Hello, Dear  experts please advice. Me and my wife were not in compatability since marriage and since 5 months we were living saparate, before that we lived out of India. in our complete married life we stayed in India togerter for 3 months in that only15 days with my parents. i was very keen that my wife will go for false 498 since the day we started living saparate. but my parents never agreed with me and they tried all the possible ways to invite her and her parents for disscussions. they never came. because they were after money not married life. now my question is 1. my wife has filed a case againest me and my family with so many allegations which will support well to the sections of  498 A , 420, 354,328,506. personally i invit it coz it is false and i can prove every thing is a fake. but the police has arrested my sisters with out any counciling and mediation sent to remand. now i am in abscanding situation and my lawyer has arranged for Bail to my sisiter they are releasing today. they were in prison since 13th march to 23rd morch. both of  my sisters are Govt employers. will it effect them any way? i am sure later i will prove that me and my family members never commited for her complained alligations. 2. if i am able to prove that that case itself is a fake what punishment will be given to my wife and there family members?   please advice

For your sisters, they will be placed under suspension.

If you prove that all the allegations are baseless and false to the core, then you will get divorce easiliy, on the basis of mental cruelty meted upon you.

With regard to you filing cases on your wife... You can file defemation case against your wife for filing false cases, that too when?  Only when it is mentioned in the final order that all alleagations are baseless and that the petitioner has wasted court's time.

Dear Sneeladdi, Your sisters has undergone Judicial custody for so many days. Now CR / Service record is affected. Now they have to face the disciplinary proceedings and criminal trial of dowry case. In both the matters they have to prove themselves as innocent. till the pendency of criminal matter. the disciplianry enquiry can be suspended. but if the disciplinary initiated then there will some serious consequences. Criminal Case will take years and before the commencement of criminal trial the disciplinary would conclude. Both the proceedings are independent but the result of criminal trial will effect the services. You can also get the Interim Injunction from competent court. Moreover, get Anticipatory Bail immediately otherwise you will be in prison. Rajiv Bhasin Advocate BHASIN & ASSOCIATES 9811210505 / 9868635640 bhasin.laws@yahoo.com

Dear all. thank you for your advices

@Manish i have no Idea why they put those section, and in our current situation we are all focused only on Bail and AB once after getting i can come out and apply to concern police under RTi to get more information.

@Minash thank you for information

@healping hands.... could you please tell me how to stop sucpention? how ever we made arrangments to AB on Monday for me and rest of my Family members.

@ Rajiv plase advice on avioding suspension...

 

here i would like to tell some  alligations.

1. she mentioned that she gave me as dowry 10lac cash, 30tula gold and 1 house plot.

non of there has paid so she should submit the evidance.

2. me and my mother and sisters has forced her to go for abortion and she did.

she gone for abortion outside India where only me and my wife were there. that too we terminated on 6th week coz i use to go for job everyday and she had too much vomitings and that time was my carrier starting so we cant even come back...so she her self praposed that and termination has done outide india...she can never prove that my parents were forced for abortion.

3.she mention a recent date (the date case has filed) with time by saying i went to her place along with my friends and forced her to sign on some documents. after 2 hrs she complained to the local police.

here the twist is i was 390Km from the place she mentioned and with blessings of god without any idea1hr later (her mentioned time) i visted a ATM to draw some money. sure it helps me to prove all the way.

so based on all her alegations and my evidances i can say 1000 i can prove me and my family nevrer even though of duing such crimes. the only worry is my sister they are suffaring.

Originally posted by : Sneeladdi
	Dear all. thank you for your advices @healping hands.... could you please tell me how to stop sucpention? how ever we made arrangments to AB on Monday for me and rest of my Family members.   here i would like to tell some  alligations. 1. she mentioned that she gave me as dowry 10lac cash, 30tula gold and 1 house plot. non of there has paid so she should submit the evidance. 2. me and my mother and sisters has forced her to go for abortion and she did. she gone for abortion outside India where only me and my wife were there. that too we terminated on 6th week coz i use to go for job everyday and she had too much vomitings and that time was my carrier starting so we cant even come back...so she her self praposed that and termination has done outide india...she can never prove that my parents were forced for abortion. 3.she mention a recent date (the date case has filed) with time by saying i went to her place along with my friends and forced her to sign on some documents. after 2 hrs she complained to the local police. here the twist is i was 390Km from the place she mentioned and with blessings of god without any idea1hr later (her mentioned time) i visted a ATM to draw some money. sure it helps me to prove all the way. so based on all her alegations and my evidances i can say 1000 i can prove me and my family nevrer even though of duing such crimes. the only worry is my sister they are suffaring.

Q: How to avoid suspension?

Ans: As all of a sudden sister got arrested initially they would have marked absent and whatever leave is there to her credit, that will be used. Until when? Till that time where all leaves get exhausted, CL + Paid leave. Once sister is out on bail, matter can be handled internally, coz, report of absenteesm will be submitted by her office head [ you should have suggested what department sister works in] can request the office head to hide facts of arrest, many people do it as it takes a lot of time to get end result, eventualy after all trial and the court case gets over, for loss of pay to be recovered back, and you filing cases on wife that she filed false cases on you and your sister can also file a case against your wife for filing false case, it will take a lot of time as Rajivji suggested above.  So take one step at a time, convince sister's office to not file report about arrest.

Regarding her allegations, they will be endless, all that will have to be proven by her with factual evidence that she underwent harrasment at your hands and at the hands of your sister, as they are all false, eventually one fine day you all will be aquitted and case will be dismissed..

This is not the time for being emotional, be strong, get anticipatory bail and surrender, hire good lawyer who is quick in his head.

Keep in touch.

if anybody in her family as govt servant then target them to give the dowry is also crime.get bail and try it. suspention is nothing. it will not effect much, dont worry but case should be prooved false, try strongly. 

judges knows well the matter.

visit- ''mynation.in'' and ''498a.org''

thank you all for your advice...........i will be updating....

Also join in meetings of SIFF in ur local area

@sam 2 sam              I am In India only