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Gaurav Agarwal (Engineer)     23 February 2013

Need help on 498a complaint filed at mahila thana, udaipur

 

I got married 10 months back. It was an arranged marriage. I live in Pune and the girl is from Udaipur. Things did not work out between us at all.  My wife went to Udaipur after few months of marriage. One day, suddenly, my wife, her mother and father came to Pune. They spoke to us (my brother, my mother and me) and we could not reach to any resolution. They asked for their gold. We gave them all their gold/silver and they too gave us all the gold we had given them. We did not take anything in writing from them while giving the gold back to them, because we thought there was no proof that they gave us the gold in the first place. They told us that we will go for mutual divorce.

 

A few weeks back, they called us and our relatives asking for money that they spent in the wedding. We said we had also spent equivalent amount of money. I consulted my lawyer in Pune and he said that I am not legally obliged to bear marriage expenses. So, we refused to pay them any money (We had told them to do the marriage in short somewhere near Pune but they insisted on doing it in Udaipur)

 

A couple of days back, I got a call from a havaldar at Mahila Thana, Udaipur. He said a complaint has been filed by your wife against you, your mother and brother for dowry and harassment. He said that we will file an FIR under section 498 in a couple of days or so. (I am not sure if section 406 has been used or not) He said we will investigate the matter but he said that the FIR will be filed for sure. He gave me his mobile number and the number of the lady SHO of that Mahila thana. I called the lady SHO and she said that your wife has filed a complaint. She did not clearly tell me if a FIR was already filed or not. She called me to Udaipur for face to face discussions/councelling. Else she said we will issue summons to you.

 

1) A lawyer told me that I (he on my behalf) can apply for anticipatory bail (AB) only AFTER an FIR is filed. Is that true? There is a complaint filed in Mahila thana. Can't this complaint be used to get anticipatory bail?

2) The mahila thana is not giving the copy of the complaint to my distant relative in Udaipur. They are saying that you can get a copy of complaint only from the court. Is this correct? How and when will the complaint reach the court? 

3) I don't know at what point the mahila thana will convert this complaint to an FIR. They are calling me for councelling and settlement. They said they will also do some investigation. What if I don't go to Udaipur? Should I go there??? Or should I wait for the FIR to be filed? What do you guys recommend?

4) What supporting documents (character certificate, etc) can I give to make my bail plea stronger?

5) Please can you recommend me some good lawyers from UDAIPUR. A trustworthy and good lawyer, who can get me an Anticipatory Bail with ease

 

Regards,

Gaurav



Learning

 12 Replies

dv (ghvhb)     23 February 2013

Advice and not an answer ....... Start gathering proofs but do not give the originals to anyone. Also don't disclose all the proofs. Keep it under your wing.make sure your brother and father are safe as males are the hardest hit, not that they do not harass females. Bear in mind that they cannot arrest after women after sunset. DO NOT PANIC AND DO NOT GIVE IN TO DUE PRESSURE FROM YOUR OUT LAWS AND THE POLICE. This us going to be an emotional breakdown but you have to be strong and hold the family. Shonee Kapoor, Bharat chug these are names you can look up to. THE LORD WILL NOT TAKE YOU WHERE HE CANNOT PROTECT YOU. Be patient, strong and do not throw around money as soon money sucking leeches come around smelling victims. I am a victim and am struggling since a year. after I am done, I will join siff as an activist. Hare Krishna and I pray lord Krishna to protect you.

Kiran Kumar (Lawyer)     23 February 2013

browse the list of lawyers here on this website.

 

you ll definitely find someone good from Udaipur.

ashoksrivastava (scientist)     23 February 2013

Dear Gaurav it seems that your wife has filed a complaint in magistrate's court who in turn has referred to police for investigation under 156(3). If there is jurisdiction problem in allegations police refuse to file fir then complaint is filed before a magistrate who sends it to police .Police will soon register a fir. Do not commit the mistake of visiting police. Your first challenge is to find a competent and honest sessions court lawyer in udaipur.Explore allthe links of your friend and relatives to get a known lawyer. alternatively google lawyers you can trust+ udaipur if you are lucky you may get testimonies of other victims. Hiring a competent lawyer of integrity(even if he is costly) is the biggest challenge in fighting 498a case in a distant city. visit udaipur stealthily with some friend and hire a sessions court lawyer there.Rajasthan high court has given directives of no arrest without counselling. so it will be difficult for udaipur police to get warrant from court. In addition get some link to pune police they will need permission from local police to arrest you. If possible shift to some undisclosed place till AB is granted.As yours is a 10 month old marriage you may not easily get bail from lower court. as a next step you will need a jodhpur highcourt lawyer. all the best regards

I love my parents (law)     26 February 2013

Dear Do not worry.Just file RTI under sec-7 life and liberty and surely u will get if any FIR filled against you, you will get Attested copy of FIR within 48 hrs.

Gaurav Agarwal (Engineer)     26 February 2013

Thanks everyone. Thanks a lot, Ashok. I got the FIR copy yesterday and it has happened exactly as you said. The mahila thana police refused to lodge the complaint so my wife went to the magistrate court. The court directed the mahila thana to file the complaint. The FIR was filed on last Saturday 23rd Feb. I have got the FIR copy now. Not sure how you guessed/concluded that the complaint would have been filed by my wife in the magistrate’s court. What do you think will happen next?

I have hired a lawyer in Udaipur. Can you give me your email address? I can send the FIR copy to you. I would like to know your thoughts on it. I am very worried with your statement that since this is a 10 month marriage, I may not easily get bail from the lower court. Why do you think so?

Rahul Kapoor (Legal Enthusiast)     27 February 2013

hello,

do not worry.

you should apply for AB through your lawyer.

just defend your case on merits.

 

 

regards-

rahul.gogreen@gmail.com

Gaurav Agarwal (Engineer)     27 February 2013

Thanks Rahul. Will the AB be filed in the sessions court or the magistrate's court? (since the latter directed the mahila thana to lodge FIR)

Rahul Kapoor (Legal Enthusiast)     27 February 2013

hello,

you must apply to court of session.

 

regards-
rahul.gogreen@gmail.com

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     27 February 2013

Thats the normal procedure buddy.

 

Move for AB immediately, otherwise you would be arrested.

 

 

 

Regards,
 
Shonee Kapoor
www.facebook.com/shoneekapoor 
Handphone: +91-8010850498
Email: harassed.by.498a@gmail.com
 
Yahoogroups: https://groups.yahoo.com/group/sahodar 
 
If you don't fight for what you want, don't cry for what you LOST.
1 Like

Amit mathur   11 December 2015

Dear gaurav i am facing the same problem.mahila thana called me for councelling.should i go there?

Amit mathur   15 December 2015

Dear gaurav pls advise me

Amit mathur   15 December 2015

Dear gaurav pls advise me

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