Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Shahzad Khan   02 November 2017

Safety by false 498a and DV.

Respected all Experts, I have been reading this forum since 4 months and I am very glad the way you Help the innocent people at this platform. Now I ALSO want some help from you please. I am a Muslim Man Name is Shahzad Khan from akola Maharashtra. I got married in Nov 2015 and have 1 boy of 10 months. I and my wife both are locally from Akola. She went to her home on 12 May 2017 after fighting and abusing with me and my family. And she did NC complaint in local police station that I have beated her very badly and asking for dowry (it is totally false). After that I got agree to bring her to my home but she didn't come. Now I don't want to live with her. So please advice how to safe my family from false dowry and DV CASE. I HAVE ALL THE RECIRDING OF HER ABUSING TO ME AND MY FAMILY. HER THREATENING VOICE RECORD IN THAT SHE IS TELLING THAT " MAI APNI JAAN KA KUCH BHI KARLUGI AOR SAB KO FASA DUNGI. SAB KO COURT ME KHINCHUGI. Please help me what to do.


Learning

 10 Replies

Nitish Banka (lawyer)     02 November 2017

You can't do anything if wife lodges cases you can't stop...the recordings can be used as defence evidence.

Vijay Raj Mahajan (Advocate)     02 November 2017

If she doesn't want to live with you and continue the marriage, better give her divorce after giving a prior notice to resume conjugal relationship with you.

As far the DV case is concerned that will make you liable for paying maintenance to her and providing place of residence at your cost separately if she refuse to live with you.

As far section 498A IPC etc. case for dowry demand, cruelty is concerned that she has to prove with sufficient evidence which in most cases fail and the wives doing it are big losers.

 

Jaspal singh (practicing lawyer)     02 November 2017

firstly if she has made complaint against you in police station, then all the recordings and videos you have make it part of the investigation, provide the same to police officer so that he can be able to file closer report .

if the police officer take all the prrof you have than you can argue on charge for discharge.

moreover file an divorce case  and prove it that she has left your company with her own will.

Regards

Jaspal S Maini(Adv)

9999987283 

Shahzad Khan   02 November 2017

Thanks all for you replies. Also I have some questions. 1) If she claims for maintenance then how much I have to pay? (My salary is 14000 pm but she doesn't have its prove. If I show less amount I.e 7000 ) 2) I never beaten her (only 2 thappad mare gali dene par)if I tell so then D.V is proved? 3) I never asked her or her family for dowry although I have given money to my father in law as borrow and I asked him for my own money. I have all call recordings of this. 4) In D.V, 498A CASE hearings it is necessary to present all family members? 5) When D.V 498A is proved? Please awaiting for your valuable replies.

Shahzad Khan   02 November 2017

Thanks all for you replies. Also I have some questions. 1) If she claims for maintenance then how much I have to pay? (My salary is 14000 pm but she doesn't have its prove. If I show less amount I.e 7000 ) 2) I never beaten her (only 2 thappad mare gali dene par)if I tell so then D.V is proved? 3) I never asked her or her family for dowry although I have given money to my father in law as borrow and I asked him for my own money. I have all call recordings of this. 4) In D.V, 498A CASE hearings it is necessary to present all family members? 5) When D.V 498A is proved? Please awaiting for your valuable replies.

Adv Radhika Mehta (Advocate)     03 November 2017

Originally posted by : Shahzad Khan

Thanks all for you replies.
Also I have some questions.
1) If she claims for maintenance then how much I have to pay? (My salary is 14000 pm but she doesn't have its prove. If I show less amount I.e 7000 )

She may ask you to produce your bank statements so unless and until you very confident that the truth will not come out then only show less amount.  Otherwise it is advisable to show the true amount along with expenses otherwise incurred by you. Either way, you have a child whose maintenance you will have to pay.  Are you paying any amount towards your son? Also, if your wife has worked previously, you can always bring that to the attention of the Court. 


2) I never beaten her (only 2 thappad mare gali dene par)if I tell so then D.V is proved?

Domestic Violence can be of many kinds, not only physical.  But from your descripttion, it does not look as if your wife will be sucessful. 


3) I never asked her or her family for dowry although I have given money to my father in law as borrow and I asked him for my own money. I have all call recordings of this.

Use them at the correct time. 


4) In D.V, 498A CASE hearings it is necessary to present all family members?

You can obtain exemption from personal appearance for your family members. 


 

 

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     03 November 2017

Dear Shahzad Khan

If there is no option left to you to live with her then due to her bevaiour and threaten to you and your family, you may pronounce divorce to her by way of Talaq-E- Ahshan, in front of two Muslim Adult male person and send a written Talaqnama to her along with three months Iddat Period Maintenance and Mahr, (if not paid) by way of Cheque or Demand Draft or By Money Order.

 

Now My opinion on your queries are as under:-

 

1) If she claims for maintenance then how much I have to pay? (My salary is 14000 pm but she doesn't have its prove. If I show less amount I.e 7000 )

Opinion:- 1/3 of your income can be granted as maintenance if she is unable to maintain herself, or if you proved before the court that she left your company without any sufficient reason then the court may reject her maintenance but you have to pay the maintenance to child.

2) I never beaten her (only 2 thappad mare gali dene par)if I tell so then D.V is proved?

Opinion:- It is her duty to proved her case without any reasonable dobut hence no need to worry about any DV case, in DV case she can claim residence order or alternatively rented accomodation from you, nothing else. so wait and watch and the recordings will be helpful for your defence.

 

3) I never asked her or her family for dowry although I have given money to my father in law as borrow and I asked him for my own money. I have all call recordings of this.

Opinion:- It is best defence for you, if you proved this recording then you may get an acquittal order from the court in 498A case too.

 

4) In D.V, 498A CASE hearings it is necessary to present all family members?

Opinion:- No, the advocate can appear for them.

5) When D.V 498A is proved?
Opinion:- After completion of evidence and firstly the burden of proof is upon her and not you.

 

Feel Free to Call

Nadeem Qureshi Adv

9953809956, 9899686394
Read more at: https://www.lawyersclubindia.com/forum/Safety-by-false-498a-and-DV--155698.asp

1 Like

Jaspal singh (practicing lawyer)     03 November 2017

Very well, explained by Nadeem Sir..nothing to add now...

Regards

Jaspal S Maini(Adv)

9999987283

Shahzad Khan   04 November 2017

Thanks to all of you for your most valuable replies and helping nature.

Shahzad Khan   04 November 2017

Dear All experts, Please will anybody provide me all the laws theory which I can read and fight my case self because in Akola every lawyer is saying that the court is 90 % in fever of women if you r true still you will loose.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query