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dowry victim (housewife)     18 February 2012

How to prove dowry harassment

My husband and my in-laws have been harassing me for dowry as they that it is a normal practice for everyone to give and take dowry and that whatever my father had given was absolutely nothing. According to my father-in-law, my husband was only harassing me becasue he was in desperate need of money and that it was not fair that I was not co-operating with him. The fact that I refuse to go to my parents and bring him the money shows that I do not love my husband and that supposedly is hurting my husband a lot and hence he was resorting to verbal physical and emotional abuse.

II filed a 498A and DV case against him and my parents-in-law. But, the question for me now is,

1. How can I prove that my in-laws beat me black and blue like an animal. its been 6 months since filed the case and the scars are long gone now.

2. how can I prove that they did abuse me and my parents in highly unparliamentary language.

3. how can I prove that they did demand me for money.

4. How can I prove that they did harass me mentally and emotionally.

My brother-in-law and unmarried sister-in-law who used to live with us are an eye witness to everything but I doubt if they will speak-up against their parents and elder brother in the court.

My lawyer says my parents and my immediate relatives cannot give a witness.

my neighbours do not want to get into this court kacheri chakkar.

My lawyer is suggesting me to heed to his demands and withdraw the cases and agree to sign for mutual consent divorce.

Do I really have no other option?



Learning

 51 Replies

Sanjeev (Lawyer)     18 February 2012

The first question is that what you intend to gain by filing 498A - the answer that you think of will give you the solution.

- Your statements and your parents witness would be accepted by court but your lawyer statement would mean that may be this is not enough to get them prosecuted as a person cannot be jailed if there are no proper grounds.

- The scars and other evidences of beating should have been evidenced by way of medical that should have been done when the incident of physical violence happened.

- This takes too long for 498A to be finally decided by court it may take 6-7 years if you want to punish your husband then keep on fighting you dont need a lawyer.

-  So unless you know what you want out of it till then you cant think of a solution.

1 Like

(Guest)

The first question is , what do you want to do ?

Before filing the cases , you people could have thought a bit , and sorted out your differences, it could have been better.

the reality is people file cases with false allegiations and cooked up story, some greedy people who will be benifited, than you self and u r so called husband, now when the cases have been filed the relation ship cannot get alon any more. atleast now take some wise decision.

Regards

Satish

**Vikram** (Managing Partner)     18 February 2012

 

Filing 498A is easy but proving the allegations in the court is very difficult...the burden of proof lies with the prosecution..ie you have to prove your allegations and in every case..every allegation has to be proved beyond reasonable doubt...otherwise your husband is a free man...and also remember..an accused is a free man..unless he is proven guilty by a court of law..


For your understanding..

Section 498a reads as follows:

 

Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be pun­ished with imprisonment for a term which may extend to three years and shall also be liable to fine.

 

Explanation

 

For the purpose of this section, “cruelty” means—

 

(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or

 

(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.

 

 

1. How can I prove that my in-laws beat me black and blue like an animal. its been 6 months since filed the case and the scars are long gone now.

 

 

Your inlaws have beaten you black and blue..did you go to the doctor immediately (any delay in going to the doctor will not be considered)after the beating? Do you have photographs of the injury marks? Did you talk about it to anyone regarding the beating..by a letter or an email..can you produce that in the court?


How many time did he beat you up? was it once, twice thrice...where, when ?


Even if you have gone to a doctor..god knows who beat you up - it could be your boyfriend..and u are blaming it on your husband...


Do you remember the date, time and place where your husband beat you up?

Has anyone seen your husband beat you up..even if someone says that...he will be grilled by your husbands lawyer..thoroughly...

 

 

2. how can I prove that they did abuse me and my parents in highly unparliamentary language.

 

using unparlamentary language does not call for IPC 498A (Please read IPC 498A above)

 

 

 

3. how can I prove that they did demand me for money.

 

Demand of dowry and subsequent harassment of the wife does call for 498A, but proving it requires much more...Do you have letters, emails, telephone conversations, any record of the communication you had regarding the demand with your parents, siblings, friends..has any one heard that your inlaws have asked you for any money..are they ready to say the same in the court and face cross questioning..


(remember any lie or contradicting statements can bring much more misfortune...you can be booked u.s 340 CrPC for lying under oath..which has much higher punishment..7 years)

 


 

4. How can I prove that they did harass me mentally and emotionally.

 

Simply by saying that they harassed me mentally emotionally will not solve the purpose..you have to state how have you been harassed mentally emotionally...and not only state,  prove it beyond reasonable doubt


My brother-in-law and unmarried sister-in-law who used to live with us are an eye witness to everything but I doubt if they will speak-up against their parents and elder brother in the court.

 

Forget about it..will you stand against your parents..you may personally go against your parents..fight with them at home..but will not go against them in the court..

 

 

My lawyer says my parents and my immediate relatives cannot give a witness.

 

They can be witnesses...but they will all be cross questioning..they might say anything they want..but were they eye witnesses..have you written them letters, emails, telephone calls, sms..what do you have with you..?

 

 

my neighbours do not want to get into this court kacheri chakkar.

 

No one comes...forget about neighbors..

 


My lawyer is suggesting me to heed to his demands and withdraw the cases and agree to sign for mutual consent divorce.

 

Your lawyer is a wise man (surprisingly)..you can file 482 in the HC for quashing the complaint..and go for mutual settlement..


You have already filed DV for maintenance..


Remember...if you do not settle the matter amicably..you will be at a loss...the case will take 6-7 years...he will file cases against you..you are stuck..(i dont know how old are you)...imagine yourself at 38-40 yrs old..who will marry you..your hair will turn grey...how will you manage the situation then...


Manage the situation now..before it is too..late..

 

 

 

Vikram

6 Like

(Guest)

Vikram,
I Like your approch. Wives really dont think about filing DV or 498a or Any other cases. Thinking they can lie and easily walk away besides waisting time, they rely on parents.. who will not be available when Hair Starts getting Grey..


Best Option for Author here
To Settle the matter Amicably , because it is very difficult to proove and time consuming process. She may end up with maintenance. But yes it is again time factor, which she will be undergoing years of years pressure and Even Slightest Mistake can attract other provisons in Law.


HK_Jain... (498a Fighter)     18 February 2012

Vikram Sir,nothing left I think


(Guest)

@Dear dowry victim

Perfect answer given by Vikram.

After all it can be said only after going through the charge sheet, complaint and the statement of wittnesses,evidence.Wife and all her witnesses shall have to face cross-examination and truth shall definitely come out then. Trial magistrate has to see each and every relevant factor into consideration and generally accused should not bring any witness in his defence evidence. It all depends upon evidence of the prosecution.

Also read this thread;https://www.lawyersclubindia.com/forum/Re-Dummies-guide-How-to-file-S-498a-IPC-the-better-way--23055.asp#109581

1 Like

(Guest)

@Kushan, ShuV ShIvRatri..

1 Like

(Guest)
Originally posted by :dowry victim
"


My husband and my in-laws have been harassing me for dowry as they that it is a normal practice for everyone to give and take dowry and that whatever my father had given was absolutely nothing. According to my father-in-law, my husband was only harassing me becasue he was in desperate need of money and that it was not fair that I was not co-operating with him. The fact that I refuse to go to my parents and bring him the money shows that I do not love my husband and that supposedly is hurting my husband a lot and hence he was resorting to verbal physical and emotional abuse.

II filed a 498A and DV case against him and my parents-in-law. But, the question for me now is,

1. How can I prove that my in-laws beat me black and blue like an animal. its been 6 months since filed the case and the scars are long gone now.

Follow Vikram

2. how can I prove that they did abuse me and my parents in highly unparliamentary language.

your statement in Dv case is enough.

3. how can I prove that they did demand me for money.

Reply to que no.2 applicable.

4. How can I prove that they did harass me mentally and emotionally.

You can not in 498A, but in DV you can.

My brother-in-law and unmarried sister-in-law who used to live with us are an eye witness to everything but I doubt if they will speak-up against their parents and elder brother in the court.

Forget them because no one is above BLOOD.

My lawyer says my parents and my immediate relatives cannot give a witness.

WrONG

my neighbours do not want to get into this court kacheri chakkar.

of couse! 

My lawyer is suggesting me to heed to his demands and withdraw the cases and agree to sign for mutual consent divorce.

Do I really have no other option?

In DV you can get enough remedy.Hire a good lawyer.

"

originally posted by Vikram,

 

Remember...if you do not settle the matter amicably..you will be at a loss...the case will take 6-7 years...he will file cases against you..you are stuck..(i dont know how old are you)...imagine yourself at 38-40 yrs old..who will marry you..your hair will turn grey...how will you manage the situation then...

 

Ignore such kind of ADVICe because this is a THREATNING in a different form.However amicable settlement is always good.But I have seen many victim coming to settlemnt under pressure of her own lawyer who is bribed by the opposite party though they should not do so as per the rules and ethics of the proffession.

Now be firm in WHAT YOU WANT DURING SETTLEMENT.Don't blindly Follow your Advocate in mediation/settlemnt process.

1 Like

**Vikram** (Managing Partner)     19 February 2012

"generally accused should not bring any witness in his defence evidence"


The accused has all the right to bring whoever he wishes to for evidence...if the witnesses are able to negate the statements given by the prosecution witnesses and prove them wrong and prove them that they have lied..


The accused can file an application u.s 311 of the CrpC and call upon any person directly/indirectly related to the case..


CrPC 311: Any court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person its a witness, or examine any person in attendance, though not summoned as a witness, or recall and re-examine any person already examined; and the court shall summon and examine or recall and re-examine any such person if his evidence appears to it to be essential to the just decision of the case.

 

For Ex - I can call upon a friend of the wife who may not be a prosecution witness...and cross examin her...may be some points will come up..

 

Always remember..the job of the accused is very simple..his job just to raise a small doubt..whatever it is..and leave to the the prosecution..job done..the Majistrate will be constrained to pass any order with the slightest doubt...

 

It is always very very difficult for the prosecution to prove a case beyond reasonable doubt..

 

Vikram


3 Like

Shwetha (Software Engineer)     19 February 2012

though Vikram is right in most of his comments please dont go by his advice of withdrawing the cases. Most people in this community belive that dowry harassment never happens in any indian household and every case is a fake case...some do believe that dowry harassment does happen but every female who comes out here for legal help has filed a fake case.

your lawyer is lying to you and cheating you saying your family members and relatives cannot give witness...its more than obvious that he has been bribed by your husband and hence is misguiding you and confusing you which why you are here for help...but most people out here bluntly give their judgements saying its a fake case and while some others are indirectly threatening you to withdraw your case...

Ignore all such comments...one thing...tough it takes a long time in the court the truth always wins....if your case is genuine you will get justice...you will get answers to how to prove the harassment as your case proceeds...it will all depend on the way your case proceed...but rest assured...is not so easy to get away with as they think it is... 

3 Like

Shwetha (Software Engineer)     19 February 2012

1. how to prove physical abuse.

everybody is taught not let family issues and fights go out of the house. so people dont normally speak about it to people initially. and there is absolutely no witness to what happens within the 4 walls. many people dont even consult a doctor until its a serious issue like a fracture or something. even if you did go to the doctor you would have mentioned the reason for the injuries to be an accident or something like that. so dont worry about all these things.

so long as you can have your parents and relatives give a witness of your scars its fine. if the police have mentioned in the chargesheet its even better. if your husband has confessed to doing this to any one them then hey can mention that too in their witnees...that will be counted as confessional evidence..your husband cannot just get away saying these scars were becasue of your boyfriend...that would be a very serious allegation that you have a boyfriend..he will need to prove that you have a boyfriend and if he cannot prove it then he has proved his mental and emotional harassment...your husband will not make such an allegation unless he has very strong evidence and if he does its good for you..

you can also call your brother-in-law and sister-in-law for cross-examination and ask them what happend on that particular day. Remember you husband and parents-in-law will also be questioned on the same thing. Five people have to say the exactly same story. even a samll mismatch in their statements will mean they are all lying which means your allegations are right. if they all speak the truth their staements will match otherwise some mistake is bound to happen...so dont worry...as long as you havent put any fake legations and ak stories you are good...just relax...

1 Like

Shwetha (Software Engineer)     19 February 2012

how to prove verbal, mental and emotional abuse.

the same way you prove physical abuse as mentioned above. And btw verbal abuse may count count under 498A. it depends on what kind of things he said. you need to convince the judge that you were so disturbed by his verbal abuse that you couldnt take the insult anymore and considered suicide many times...again it all depends..if he can prove that you too used to use equally vulgar language then you wont get anything with this allegation...it al depends how your behaviour used to be with him...

2 Like

Swapnil Shirodkar (Process Control Engineer)     19 February 2012

Well I am also one of the Probable Victims where false 498A clouds are looming over my family.. There have been lot of cases of misuse due to which people who are genuine victims of dowry are affected... record all calls and chat messages 

1 Like

Shwetha (Software Engineer)     19 February 2012

how to prove that he did demand for money.

was your marriage one of those typical indian marriage where the dowry is demanded before marriage and is given before marriage itself. If yes, then I am sure you have enough witnesses. infact if you just prove this then that is sufficient. the fact that the dowry was demanded before marriage is itself counts under dowry harassment. There is no need to prove any verbal. physical or emtoional abuse after this.however, if your husband responds to it sayig that this was just streedhan and not dowry and that he is willing to return it to you then your 498A is almost gone. but i doubt if he will do that.  most guys simply say that they not taken even a single paise. if he says that and you prove that he did take money then the game is over. you pretty much won it. infact after this you can also file 406 for refusing to return you your things and your streedhan.

another way of proving this is, if you know what he did with the money your father gave him. Mostly guys use it for their side of wedding expenses. if he too did that then you can cross-question him on from where did he manage his wedding expenses. if he cannot prove that he had managed it from his savings or from his other sources of income then that make him a liar and your allegation is considered proved. he could have used it for anything else..may be a flat, to pay-up his loans...anything...Remember...money never comes from air...even if he says that he had managed everything through hand loans...its not so easy to get away with...he will have to mention from whom he had taken the loan and how did he repay him and when...you can then cross-examine the so called lender...you can ask for his bank statements...you can ask for your husbands bank statements...If  he is lying he is bound to get caught...

2 Like

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