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maddy432 (ae)     20 May 2013

Need guidance to fight against a false dowry harassment case

I need help and guidance on the case which was filed against me by my wife under IPC 498(A) and IPC 323. Here My Story begins, I'm a brain tumor patient and underwent for surgery 2 times at my age of 16 and 25. Now my age is 32. I'm very honest and simple person. I used to tell about my above deformity before the marriage settlements. Due to which few of my marriage proposals were rejected. At the end I married with my present spouse. I explained all my financial status and health status thoroughly. I'm from Hyderabad and I was working for a MNC company in Chennai. My spouse and their family were agreed and they were given 20 tulas of gold (I/my family were never demanded for dowry) to her daughter of their interest. At the time of marriage my wife was working for a MNC at Hyderabad. My spouse and I married on 23-11-2008. This was arranged by marriage consultants. We don't have any common relatives. Initially I had a plan to shift to Hyderabad within the company but in to a different process for that I underwent for training also. But due to recession (during the year 2008) I haven't get any chance to shift to Hyderabad. Later my spouse and I both together decided to live in Chennai together. For that my wife should leave the job. I suggested her to look for a job in Chennai first then shift. She worked for ICFAI earlier and she told that, in Chennai ICFAI has got an office and she can get a job over there without any difficulty. After shifting to Chennai, ICFAI people told the Chennai office going to be shutoff due to recession. Hence we were helpless and my wife was unable to get the chance to work in Chennai. Before the marriage I clearly explained about my financial status and loans (taken for my father's/family's house construction) and I also told her that how much important is her job to me. We were heading a happy life Chennai. She was conceived in the month of February. As per Telugu tradition, we'll perform a function called Sreemantham in the month of third of a pregnant woman. From then few ruptures/quarrels were started for small things. My in-laws wants me and my family to listen to them. I tried to convince the both the ends and failed. After the delivery, on 11th day ceremony and 21st day ceremony (cradle ceremony) my in-laws were burst out and few mis-happenings were taken place. From that day I never went to my in-laws house. But I tried to get my wife to my home with the help of my family elders/friends, my parents and also my cast local sangham which were failed. In this period I resigned in Chennai and worked in a college as an assistant professor in Karimnagar, AP almost a period of 1 year to head a peaceful life in a low cost town. (Due to many reasons: 1. my salary was not increased, 2. lay off threat, 3. My health and peace of mind, 4. Even I love lecturer life) After a year I joined a company in Delhi based company then I went to my in-laws house by taking my family elders, friends and my parents. In that meeting my in-laws and their side elders were shouting like any thing and my spouse has narrated very big false/funny story against me and my parents to get everyone's sympathy. She told to everyone that, she lost trust in me. Actually my spouse intention was very clear to me/everyone in that meeting, 1. she/her family wants my separation from my family 2. I need to take a rented house near to my in-laws house and I need to do the all arrangements to my wife. By then she joined a company in Hyderabad and she wants to continue the job and her mom will be taking care of my daughter in her 3. she wants me to listen to her and her family. 4. I need to look for some job only in Hyderabad not out of the city. She/her parents were not ready to send my spouse with me out of Hyderabad. They also invited one advocate (her friend's father) so that she can pressurize me and my parents to for the separation. The advocate also warned me that my spouse can get the divorce so easily if you don't live with her even my spouse has tried to emotionally blackmail me. I told give me some time to think and decide about it. As I was joined the Delhi company so recently. When we stayed in Chennai my spouse helped me in paying the house advance and she wanted that amount in return in that meeting. Hence I returned that amount by cheque. I have cleared all my debts while working in this company. Later I transferred to Bangalore office with the company so that my family can join me very easily or I can be able to travel to Hyderabad so often. I was against to separation hence I never took the house near my in-laws place. I asked my wife to come to my parents house so that I can come there over weekends/leave period for some time and later once she feel comfortable with me she can move to Bangalore. Days are passing I used to visit my in-laws house to see my baby and wife, but there was no physical relation as she was avoiding me so that I'll be listening to her demand of separation and living near to in-laws house I'll be giving some money in hand to my wife or I'll be doing some shopping for my wife and my baby with my money. I never asked my wife about her salary and expenses as she was living with her parents and she doesn't want to reveal about her salary. As I was busy in my work (in Bangalore we have many companies to support hence I was very busy in supporting more than 2 companies per day) I focused more on my work rather my wife's demands. My baby also growing up, it is the time to take admission in to a school for my kid. Then my wife started asking for money. I told if you live with my parents for sometime I'll look for good school and I'll only bare all my baby's and wife's expenses for school and rest. But she doesn't want to leave her mom's house. Then she complained about me that I'm not giving money to her, to my younger brother-in-law. He suggested her to talk to family elder's to settle down the matters. I didn't understand why she resigned her job and she was sitting at her mom's house. She explained me that she has to take care of my daughter this is only the reason for which she has resigned. She also told me that my daughter is expecting me to live with her. (kind of emotional blackmail by taking my babies name). Then once again I asked her to stay in my parent's house so that my wife and my parents will be taking care of my daughter and I'll be taking care of financial matters, if everything goes well I may come back to Hyderabad so that we all can stay together happily. Then she started asking me to take her to Bangalore. I surprised and shocked too.. I didn't understand her intentions. But I was happy that she has changed her mind and wants to live with me as a family. Then I shifted my family in the month of February 2013. In the first week of March 2013 my in-laws visited my house in Bangalore from then once again quarrels started between us ( my spouse and my self) she started arguing with me for small things and small reasons. On one Saturday, in March she left my house along with all her ornaments, clothes and other belongings ( my babies too). In the month of April she filed a case against me and my entire family under IPC 498(A) and IPC 323. Now I got bail for me and anticipatory bail for my entire family. Now there is some time for Charge sheet to be done. The allegations against me: 1. I have demanded more dowry from my in-laws (Rs. 10Lakhs) and I have taken 2Lakhs from her father apart from dowry. 2. Regularly I'm beating and harassing, abusing my wife and her parents for money. 3. I have beaten her her so heavily due to which she has got an injury on her face and a medico legal case is filed on this. 4. She also blamed that her ornaments and cash of Rs. 10000 were stolen at my parents house She told that we were living at a house near to her relatives house. But I don't have any knowledge of that house at all. My brother and sister-in-law will be living with my parents in Hyderabad house. My sisters and brother-in-laws were married for 25 and 13 years respectively and they are living with their family 15 kms away from my parents house. My spouse never lived with my parents more than 15 days so far from our marriage (in 4 and half years). Even she lived with me hardly for 7 months in the initial period. Then and then I'll be visiting my in-laws house to see/meet my kid and my wife, despite of that I didn't have any physical relation with her till the month of February 2013 (when we started living at Bangalore for one and half month). I'm really confused how can I defend my self from these baseless truth less allegations. I have few evidences to prove my self up to some extent but how can I prove that I never demanded for dowry and I never took any cash from her/her father in the name of dowry. Can you please help and guide me what are the necessary steps, actions I need to take to win this case? And how can I prove all these allegations are false?



Learning

 5 Replies

maddy432 (ae)     23 May 2013

In connection with the above my spouse filed for maintainance in family court. What are the steps I need to take to tackle the 2 situations in parallel.

1. 498(A) case

2. Maintainance case in a family court


Thanks for the help.

maddy432 (ae)     20 August 2013

Very recently I appeared in the court and instructed to re-appear once after summoned by court (after charge sheet has been prepared).

My doubts here:

1. How long it takes to prepare the charge sheet?

2. Do the police investigate the real facts? Or do they take only the money side to alter the facts? (My concern is all allegations mentioned in FIR are false. If the police investigates and takes on the truth side my case will be closed at the stage of charge sheet preparation only)

3. Do I need to bribe police also if they demand for any? 

4. What could be role of my lawyer at the time of charge sheet preparation? I mean in what way he can be helpful to me and to police for the true investigation?

5. My Brain tumor also growing and I unable to concentrate my job due to these cases and brain tumor as well. I stopped working and undergoing for brain tumor treatment. My wife filed for maintenance and she has a plan for interim maintenance too. I don't want to pay any maintenance to her as she wilfully stopped working to extract money from me even after being an educated intellectual. But I can take care of my daughter by doing needful somehow. Now we are about to file a counter to maintenance case. Please suggest me how could I make my counter more powerful and convincing.  

Plz suggest me on the above.

Regards,

Maddy

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     21 August 2013

Police would file the chargesheet after noting the statements of the girl and her close relatives, normally that is the investigation in 498a cases

 

Regards,

 
Shonee Kapoor

Yahoogroups: https://groups.yahoo.com/group/sahodar 

If you don't fight for what you want, don't cry for what you LOST.

maddy432 (ae)     25 August 2013

Thanks a lot Shonee Kapoorji.

Few doubts here: 

My wife filed case u/s 498A and 323 on my entire family. 

A1 --- my self

A2 --- my mom (close to 60yrs)

A3 --- my dad (retired employee diabetic & heart patient of age 65yrs)

A4 to A9 --- my siblings and their spouse (brother and his wife; two sisters and their husbands) 

Except A1 and A2 there are no allegations on A3 to A9 in the FIR but still their names were mentioned without any reason. Due to my job I stayed away from my native place before and after my marriage. My brother stays with my parents in same house & my sisters stays in their houses. All stays in my native place only. 

Please let me know is there any chance of getting removal of A3 to A9 from the case (chargesheet/FIR) as chargesheet is under preparation. Whom and in what way should I approach.

 

Thanks in advance,

Maddy 

Sudhir Kumar, Advocate (Advocate)     25 August 2013

one can be offender of dowry demand even while not sharing roof with the bride. So mere3 fact that accused not living at complaint address is no proof of no role in dowry demand or no role in domestic violence. distant instigation is enough.


without seeing full papers no one can judge if name of any accused can be deleted.


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