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shiva (sales)     30 August 2009

misuse of 498A case

Dear Friends,


This is Shiva from Hyderabad. A false

498A

case was filled against me. I got my married in may 2007.The girl was not interested in the marriage and was not interested in the matrimonial life with me .So our both families kept this issue in panchayathi commityin june 2007 . There after listening to both conversations they ended by giving divorce and I have to return the amount and belongings which is given by the girl. We followed the panchayats order and returned the amount and belongings,the panchayat has given written statement that everything is recieved from boy's end and given statement by panchayat that both parties should not file any case against each other.From that day I didnt had any kind of relation with them.



After 1 year the girl filed

498A

case against me and my family .I was arrested and remanded for 1 day. Now I am on bail. Now she is demanding 10 lakhs to with draw the case.



can some one help me in this case . I am looking for desperate help to protect my family



1.with out any investigation the police has arrested me and sent me to remand.



2.In the FIR they didnt mentioned that they have taken the belongings and moiney through the panchayat commity, can I file cheeting case against them?



3. Panchayat commity is also mingled with them and saying that we cant help you bcz its court issue now!



4. can any one help me how to proceed now to protect me and my family.



looking for desperate help



Thanking


SHIVA

 


Learning

 2 Replies

san (social service)     30 August 2009

first and foremost, please understand that 498A is a draconian law, and you will need to understand it well to fight against it. It is very much misused by disgruntled wives.

 

Get in touch with SIFF(Save India Family Foundation).

Search the net for 498A.  498A's prime purpose was to prevent dowry deaths.

Whatever happened in your panchayat, legally it will have little value. Though you can use, that document which says that you have returned everything.

Prof.A.S.Dalal (Professor)     31 August 2009

can you arrage for recording the amount demanded for settlement.this is not illegal since you r not forcing anybody. SC has admitted such evidences in Remma readdy & RM Malkany's cases. If you have a written document duly signed by panchayet members fot ht eretrun of documents, then its a valid document subject to the condition that it should be signed by both the parties. what about the report of Women polce cell?

In such cases the evidece reflecting on the reputation & chacter of your family members will be of some legal significance


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