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Brother2017 (self-emp)     23 June 2017

Please advise if we failed in 498a what we do?

Hello Sir/ma'am,

My Sisters marriage held in 2011, with 4 lakh dowry & he is a state govt. Emp. only Few months her life is good with him. He & his relatives started harass her physically & mentally for extra Dowry many times we discuss with he and his relatives to settle the issue but finally 1 lakh money given but same thing startd after few days so my sister went to PS & complaint against him & relatives, then police counselling & warnned them to re-joined her with him but same repeated, again went Police station.. they called him & he says that he did not like her hence he want to give back all the things which we given him at time marriage... and  given a proof of 100/- non judicial stamp attested by a notary... but failed to return & one day they force enter into our home demand for sin on blank paper by my sister in btw time Neighbors reached their and then they escaped from there... we met police & put up 498(a) case on him & his relatives in 2013. But he is not attending the courts & manage with his Lawyer. Now(2017) Newly appointed Judge, issued NBW & arrested him. He & his lawyer told Judge badly abt us and he is in remand from last 50 days and not taking bail and telling he has nothing to give to us so judge becomes pity concern on him and told us to withdraw the case, we told her if he given back as he promised or as DVC degree we will ready to withdraw case for that she(judge) told he has nothing to give u...hence we refused withdraw the case so started trail without PP and just help of defense Lawyer and want to dispose case as early as possible so From last 15 days closed all evidences and today examine all accused under 313, mentioned as they denied evidence which we shown and defense has no evidences and on same day heard arguments and keep the case for Judgment on 23-Jun... so we feel we are fails or what? can you please advise us to what we to do next if case disposed aganest to us. We already we win MC(2014), DVC(2016) but he was not pay nothing yet they still in implement stage with NBW pending



Learning

 12 Replies

Arjun Kohli   23 June 2017

With all due respect, the grammatical errors render me unable to understand the issue completely. However, from what I can understand, I will answer to those portions.

  1. Legally, you always have a right to appeal against any order or judgment against yourself.
  2. You can always inform the concerned magistrate and also file an execution petition for granted Alimony etc, if the husband is refusing to pay the same despite the decree of the Court.

I strongly suggest you to convey and discuss this with a capable legal counsel to protect your rights. 

Feel free to ask any question again, in some language comfortable to you and I hope someone who is able to understand the same will try to help you out to the best of their knowledge.

Kumar Doab (FIN)     23 June 2017

You seem to be having a lawyer and your lawyer has won cases for you.

Your own lawyer shall get the copy of awaited judgment and shall advise you.

In the meantime try to get details of estate/property of OP.

Brother2017 (self-emp)     24 June 2017

23-June disposed the case against to us by that magistrate... and mention that all the withness are belongs to petitioner's relatives and all the things mention in case doubtable and hence the case is disclosed.
As mention in previous post i have submetted the written proofs of 100/- non-judiciary stamp, Decree copies of
MC and DVC & RTI information about why he is suspended from his job but all these thing seen by magistrate
but finally did unfavour result... Totally the case deal by that 
magistrate in one way(no Public Prosecutor in that court)... if we go for appeal against the JUDGEMENT with all these things we get any result or no use
can you suggest somthing?



 
 

Arjun Kohli   24 June 2017

Originally posted by : Brother2017

23-June disposed the case against to us by that magistrate... and mention that all the withness are belongs to petitioner's relatives and all the things mention in case doubtable and hence the case is disclosed.
As mention in previous post i have submetted the written proofs of 100/- non-judiciary stamp, Decree copies of
MC and DVC & RTI information about why he is suspended from his job but all these thing seen by magistrate
but finally did unfavour result... Totally the case deal by that magistrate in one way(no Public Prosecutor in that court)... if we go for appeal against the JUDGEMENT with all these things we get any result or no use
can you suggest somthing?
 

I can only comment on the legal aspect of the matter whereby you have complete right to appeal against the said Judgment of dismissal of the case. 
On an informal note, even our respectable Judges are human beings and there are often times when the fate of the case depends upon the discretion of the Hon'ble judge before whom it is being carried out. What one judge may deem in a particular way, another may agree with so or not, but all this is carefully structured in our legal system.

The grounds of the judgment you have received must be laid out there and you can definitely file an appeal against the case, the appellate court will take suitable action if you present a case that seems unfairly dealt in any manner. It is a matter of right. However, after discussing with your lawyer in person, you can best judge your own circumstances and the practical effect of your next move.

1 Like

Kumar Doab (FIN)     24 June 2017

Obtain copy of the judgment.

You may show all case docs, judgment, evidences on record etc  to a very able local senior counsel specializing in family matters for a considered opinion.

1 Like

Brother2017 (self-emp)     28 June 2017

This is the information from the Judgment, i.e. In the result the accused found not guilty for the offences under Sections 498 A, Indian Penal Code, 1860, and Sections 3 and 4 of Dowry prohibition Act, 1961 the accused are acquitted, under Section 248 (1) Cr.P.C. The bail bonds of the accused shall be in force for six months as contemplated under Section 437 A of Cr.P.C. 1973. No property order is passed since no property is seized and produced.
i have some evidences which mention in previous posts but as per Judgment all acused are ACQUITTALS

so is any useful if we go 
appeal against the case... or apply for DIVORCE instead of fight with them due to a lady magistrate of that court heard & see all the evidences and finally disposed the case against to us.. so confidence on courts decreases... i asked lawer who deals MC and DVC but he asking different version so if i get some advise here then i will finalize what to we do... but still i feel courts are pity to release such persons with out any punishment then they happily start same thing with some other so need strong suggestion sir...
 

sai narayana   30 June 2017

Originally posted by : Brother2017
This is the information from the Judgment, i.e. In the result the accused found not guilty for the offences under Sections 498 A, Indian Penal Code, 1860, and Sections 3 and 4 of Dowry prohibition Act, 1961 the accused are acquitted, under Section 248 (1) Cr.P.C. The bail bonds of the accused shall be in force for six months as contemplated under Section 437 A of Cr.P.C. 1973. No property order is passed since no property is seized and produced.
i have some evidences which mention in previous posts but as per Judgment all acused are ACQUITTALS
so is any useful if we go appeal against the case... or apply for DIVORCE instead of fight with them due to a lady magistrate of that court heard & see all the evidences and finally disposed the case against to us.. so confidence on courts decreases... i asked lawer who deals MC and DVC but he asking different version so if i get some advise here then i will finalize what to we do... but still i feel courts are pity to release such persons with out any punishment then they happily start same thing with some other so need strong suggestion sir...
 

It's a well known fact that the win or loose depends on evidence and capability of your counsel.So how can anyone here advise you because we don't have any access to your evidence. So approach a able counsel with your case file for better advise.

Brother2017 (self-emp)     02 July 2017

well reply for false case... but pain knows suffered persons... just like you that judge think hence... disposed case.... i want suggetion what do, not discrise like ur reply we dont want to put false case/s .... we married her for good life for not put false case that too accused dont have any properties false case to take that...

Ms. Usha Hegde (CEO)     02 July 2017

You think whether it is correct to fascinate continuing married life when you actually have complained to authorities of Law about dowry etc and other grievances?

Forget Law, just as common man you think.  If you have some problem with X person what will you do?  That person might be bad,  then what you will do?  You will severe all ties with that person.  Isnt it?

What do you think court will dance to your tunes?  

You cannot make anybody dance to your tunes by force of goondaism, rowdisim, or hand of Law.

Marriage requres understanding.  Which is not there, what did you achieve by filing a case?

Marriage of your sister is already over.  As someone pointed above.  You will go to jail for filing false case of dowry.

Simply take divorce and find new bakra for your useless sister who could not lead peaceful married life with husband.

Ask her not to repeat same mistake.

Ms. Usha Hegde (CEO)     02 July 2017

Our culture is duty based culture.  What we are following is britishers culture which is right based. Once you talk about rights, obviously friction will take place.  End result is marriages dont last long like earlier days.

Kumar Doab (FIN)     03 July 2017

Noone knows the full and finer case details.

At the 1st place your own lawyer must have and might have told you on merits of matter and evidence.

In case you are not satisfied approach a very able local senior counsel of unshakable repute and integrity specializing in Family matters, for further opinion.

A counsel worth his/her salt would tell you point blank if there is any merit or not and also about all options and merits in these.

By now you would have also matured to understand merits and apply your own judgment.

If there is NO merit and NO option with merit……………..try other recourses.

And focus on worthy matters in life and future and career and financial health.

 

The situation is indeed changing. Mere hype of law favoring someone say; woman centric laws……………………is of not much help.

The cases are built and fought and decided on merits and evidence and with help of skills……………….and the skills of person facing litigation and skills of counsels supporting litigant matters.

1 Like

Nitish Banka (lawyer)     24 April 2018

Posted by: Nitish Banka  Categories: Criminal Law 
 

 

What to do when IO calls in 498a cases

You receive a call from the police station and on the other line there is an Investigating officer is on the  other side of the line.For one moment panic strikes you and you come to know that your wife has lodged a false 498a case against you and your family.

The Io asks you to visit police station so called CAW cell.

When you go and visit CAW cell harassment starts poring in the IO and other mediators starts pressurizing you to settle the matter. You gain strength and refuse to settle the matter and comes back to your home.

Then again you receive the call from the CAW cell to come and join then again then again….

Image result for 498a

Reasons for harrasment

These calls from CAW cell are against the law and just meant to harass you. Even if you join the mediation  process and attend N number of dates present defence evidence to the IO. Still the CAW complaint gets converted into FIR and these calls fails to stop…

The reason for such calls is done with clear motive of harassment and put pressure to settle the issue with estranged wife and if you fail to settle then FIR is converted.

How to deal with police harassment.

As per the Delhi High Court Judgement they have prescribed certain guidelines which is envisaged under Section 41A of CrPC that a written notice with prescribed format has to be sent to the accused while summoning him to appear before IO. So if IO calls the accused i.e husband and relatives of the husband by making a mobile call that is impermissible as per law.

Anticipatory bail in 498a

Anticipatory bail in 498a is advisable and recommended

A family comes under pressure when they come to know that a FIR under section 498a has been lodged in police station.

The first cause of stress is call be Investigating Officer to join investigation to old parents, husband, husband sister or brother.

The trauma is whether they can be arrested or not.

It is not advisable to visit investigating officer without protection from the court this protection is termed as Anticipatory Bail.

The process of getting Anticipatory Bail in 498a

The chances of getting bail under 498a is quite high as I have already discussed in detail in one of my articles

chances of getting anticipatory bail 498a 

The conditions of anticipatory bail are not very stringent but if they are stringent it can always be challenged. I have discussed in detail the conditions Conditional Anticipatory Bail 498a/406

Now as per the judgement of 498a under Rajesh Sharma versus State of Uttar Pradesh. there is a stay on automatic arrest in the cases of 498a. But this judgement is challenge in higher bench and revisit the judgement.

Judgement on 41A by Delhi High Court

(i) Police officers should be mandatorily required to issue notices under Section 41A Cr.P.C (in the prescribed format) formally to be served in the manner and in accordance with the terms of the provisions contained in Chapter VI of the Code. Model…

 https://www.livelaw.in/delhi-hc-lays-procedure-issuance-notice-appearance-police-officers-u-s-41a-cr-p-c-read-judgment/

 


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