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venkatesh   10 January 2015

Help required in false 498a and dp act sec 3&4

Hi everyone,

I need some advise regarding fighting a false 498a and dowry case.

My wife has put a false case against me , my mom , my dad, my sisters and their husbands a total of 7 members.

She lodged the complaint on 14th october 2014

She stated in the complaint that our marriage took place on 27th october 2013 & that her parents had given my parents a dowry of Rs 70lakhs 35 tulas gold 3kg silver and a brand new car. She stated that she was treated well til 3 months and after that she was subjected to physical and mental cruelity to extract additional dowry of 50lakhs.

The truth is that we got married on 27th october 2012 , we dint take dowry, they gave 20 tulas gold to the girl and we put 35 tulas gold to her, thats it rest all money silver and car is all crap.

I was arrested but thankfully my family members were not.

Right now all of us are on bail.

After 25 days when they came to talk , the girl ,her father ,brothers and her mom abused us in vulgar language saying that me and my dad were b*st*rds and all the women inn our house were prostitutes.

They tried to hit me but eventually they fled but not before their brothers had threatened to kill me.

After all that had happened I decided to fight back and then suddenly one day her dad tried to drop her at our house forcibly.

Now i want to ask help from you guys - can the girl return when she left with her own will?

I dont want to take her back while the case is hanging on me cause she is a trouble maker and i dont trust that she is trying to come back with any good intentions.

The house is not in my name I dont have any earning on my own as i am still studying.

Chargesheet has not yet been filed.

Can i put DP Act against her parents now at this stage and can i put case against her brothers for having threatened to kill me?



Learning

 19 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     11 January 2015

Mr. Venkatesh,

 

Please never bring her back. If she or her parents forces then complaint the same to the police.

 

Please take the following as your weapon with priority to fight back immediately -

 

a) Speedy Trial - Priority 1.

 

b) Perjury - Priority 2.

 

Sample petitions law books and other clues are available in 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

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

1 Like

venkatesh   11 January 2015

I thank you guys for such a speedy reply , wish our great judicial system too was so swift.

Sir gangadhar i dont mean to offend you but i dont want to go to a lawyer, I had been to two lawyers and they were trying to talk me into compromise. I mean its not about taking revenge but i dont want to bring back a person who doesnt even respect me nor my family, further on the day when our elders had tried to negotiate she spoke so arrogantly and threatened my 66year old aunt that she l put even her behind bars. Her parents and siblings used such abusive words that my sisters cried on hearing them. And now her father says that they had done all that in a fit of anger and he would now send his daughter to our house and he is no longer responsible for her. I mean what is all this rubbish? On the day of my arrest her brothers used such vulgar abuses that i feel ashamed to say them , one of her brother went to extent of saying that he would drag all the women in our house out , strip them nude and rape them in the middle of the road. When i told all this to a lawyer he said to me that its all common and that i should not take it personally, I never abused her or her family in such derogatory manner then who gave them the right to literally rape us verbally in broad day light infront of hundreds of ongoing people? how can anyone ask or even think of compromise?Thats why i dint go  to another lawyer after that. I am searching for an honest lawyer who would try to fight for justice rather try to make money by settling issues.If you have anyone in your mind please do tell me I am from Hyderabad Telangana state.

I want to fight for justice, I want answer to the tears that me and my family had shed for no fault of ours, I dont want to teach any lesson to anyone or take revenge but I want to ask legally as to why my family was made to suffer so much, why was so much pain inflicted upon us when we dint do anything to deserve it?

Sorry if you think i am emotional, but its the way i am.

Srinivas (.)     11 January 2015

File Tax Evasion petition on wife and in laws ...........

498avictimaustralia (Student)     11 January 2015

Hi Venkatesh

Sorry to hear about what you are going through. We, 498a victims, are all on the same page.

1. Leave your parents house and stay away from them for sometime.

2. If she or her family comes to your parents house, ask your parents to make a formal complaint at the nearby police station for trespassing, abusing, threatening, theft etc., must ready to spend some bucks to do this.

3. Complaints should be made immediately after the incident, on the same day.

4. In my opinion, never take her back, later you and your family may face similar but more severe problems.

5. In-laws can deliberately delay filling charge sheet, better you try to make the cops to file charge sheet asap.

6. Never feel sorry for her and never show mercy on her or in-laws.

7. For now, I guess you can't do much other than playing along, until the charge sheet is filed. 

I am just sharing my experience. 

 

Pankaj (Business)     11 January 2015

Seek this as an Opportunity.  Talk very sweetly and try to get hold of the Situation. As you gain confidence, try to get some verbal facts that can help you.   For e.g if she can write on a piece of paper that you guys do not have any gold.

And saying all this, the main thing to remember is NEVER BRING HER BACK. Play defensively, talk less and think more and be very selfish, no room for any emotions to creep in.

Rajkiran123 (Manager)     11 January 2015

hi Venkatesh, As other friends said,never take 498a lady back. Even after supreme court guidelines, its unfortunate that police are still arresting without even doing a basis enquiry. Did the police did any investigation in your case as they need to justify on your arrest else both IO and judge who order for your judicial custody are liable for departmental action as per Supreme Court guidelines.

It may be waste of time to file DP act as laws in India favour only woman.If your FIL is a govt servent, file a complaint to the higher authorities for accepting to give dowry. From now on, start recording(video and voice) all the acts of your wife side as this may help during the trial. 

498_final stage (Professional)     11 January 2015

VENKATESH

YOU CAN FIGHT. AND HOW THE HELL POLICE COULD ARREST YOU? EVEN IF THIS HAS HAPPENED BEFORE THE NEW SC RULING, POLICE CANT JUST ARREST WITHOUT PERMISSION OF A HIGH OFFICIAL.


Do the following:-

1) You can file complaint against her parents and brothers for attacking your place. Same thing happened with me where that b*tch came along with a Gunda in my house. So I complained the entire event to police. Initially since police is also bribed, they didnt accept my complaint, then with the help of my lawyers I directly went to the SSP office and filed complaint.


2) Our system is very corrupt. You have to take help of a lawyer but keep your eyes and ears open.


3) Buy a phone which has Audio call recording option. You are likely to get threat calls. Record all of them

4) Collect all the evidences. Your wife seems a super b*tch, so I guess you might have collected some kind of evidences of her behavior. Like audio recordings, abusive emails etc. Keep it handy.


5) Now though you have been arrested, you have to apply for regular bail. I agree with what Rocky Smith has mentioned.


6) The case might go into mediation. You can always put up your thoughts.

7) I saw that in the complaint the girl has mentioned that they gave you dowry. If they are accepting it, then they are criminals since they gave you dowry.

8) Buy some gadgets like CCTC camera for your house, Detective gogles with video camera in it, a recording pen etc.


I am fighting false 498a, DV from last 2 and half year. the only thing I have learned is - DONT LOSE HOPE. When you would stand as a stone in your thoughts, your lawyer would also stand with you and believe me, though every lawyer is corrupt, you can still force them to be honest with you.


I like the fact that you want to fight. PATIENCE IS THE KEY TO WIN.

 

ALl the best

 

 

venkatesh   12 January 2015

Hi everyone, I thank you for your replies and support.

The problem is that even the police are speaking on my in laws side, even they are pressurizing me to compromise but i am not at all willing to compromise as i and my family have been falsely accused and abused. The police as well as mediatotrs are saying that when they are willing to take back all the cases why do you want to go through the trouble of fighting cases for years?just forgive them and take her back.

But i am in no mood to forgive anyone especially after what she and her family have done to me and my family.

Anyway i just wanted to know what is Tax evasion petition?

In my case its almost three months but the chargesheet has not yet been filed , the police are deliberatly delaying the proceedings.

What is tax evasion petition and can i file it at this stage on my in laws as they have admitted to have given somewhere around 90lakhs worth of dowry?

None of my in laws have government jobs, they all do business and i have no idea of their income or income tax paid by them.

So can i file tax evasion or any other case against them at this stage like DP 3 ?

Please reply

Srinivas (.)     12 January 2015

U file TEP Petiton on Inlaws ...which state ur from?.......

498_final stage (Professional)     12 January 2015

VEnkatash, state of the Police in this country is worse than a prostitute. They will speak where they get more money.

Whenever you go to police station or in the court for a mediation, make sure you keep your mobile on silent and record all the conversations.


Though recording in court is not allowed, but what if the judge is also bribed and biased? You do have right of self defense and bring out the truth.


Usually police avoid to file charge sheet and trust me you have to be very defensive and polite to avoid unecessary problems created by police. Your behavior is your asset and patience is the weapon.

Even if she is shouting/abusing, let her do that. NEVER respond to her and keep your head cool.

When police force you to take her back you can always say that if somebody has this kind of nature then whats the gurantee she is not going to repeat this again.

In which state your case is going????

 

 

 

 

 

venkatesh   13 January 2015

Hi guys, sorry for the delay in response.

I am from hyderabad Telangana state ( formerly Andhra pradesh).

How to file tax evasion petition?

Dev (NA)     23 January 2015

Venkatesh and LegalAbuse_Fighter,

 

Guys, you have made me smile. Trust me. It is hard to find people like you who understand what a tear means and what it means to be jailed when the accused is the real victim.

Venkatesh, I am quoting your words as if they were coming out of my own heart:

"I want to fight for justice, I want answer to the tears that me and my family had shed for no fault of ours, I dont want to teach any lesson to anyone or take revenge but I want to ask legally as to why my family was made to suffer so much, why was so much pain inflicted upon us when we dint do anything to deserve it?

Sorry if you think i am emotional, but its the way i am."

 

My hero was jailed in March, 2014. He was kept in PC for 2 days and nights and for 10 days and nights in JC. He was not even allowed to have a marital intercourse after the wedding still there were allegations thrown upon him that he used to force his wife to do unnatural s*x with him. Can you imagine what else might not have been in there?

 

I see my hero is not the only fighter in this country. I once again thank you guys for making me smile because it means to me that Justice is really the True Need of Soul - not Settlement or Compromise.

Srinivas (.)     23 January 2015

https://rtitemplatesfor498a.blogspot.in/2010/05/rti-objective-498a-cases.html

venkatesh   26 January 2015

Sorry for the delay in response and i thank you all for your guidance.

Can anyone suggest me an honest lawyer in Hyderabad who is experienced in dealing 498a cases.

I dont want a lawyer who would suggest me to go for a compromise because i am not interested in compromise come what may.

Kindly suggest a good lawyer in Hyderabad.


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