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Sush KUmar (RO)     07 December 2012

Threatning call for 498a

Dear Sir

My Bhabhi JI never stays at her sasural (AT his husbands home) As my Elder brother is working outstation but he manages to come every saturday sunday to home.

Now the problem is My brother's Father in Law has telphonically threatened my elder bro to Lodge an FIR and put all family members in Jail.

ANy precautionary measure if can be taken for the same please  guide.

 

Thanks And Regards

Sush



Learning

 16 Replies

Samuel (CEO)     07 December 2012

1. Record calls

2. Consult a Lawyer

3. Write a petition to near by police station.

4. File for AB.

Read the thread:

https://www.lawyersclubindia.com/forum/Safety-kit-False-498a-40351.asp

https://forum.498a.org/

galsober@yahoo.co.in (def)     07 December 2012

Agreed......but delay point 4

stanley (Freedom)     08 December 2012

Relax and stay cool, as and when they file you would have to apply for AB and than contest the case . She would have to prove the false allegations which are not so easy .Meanwhile is your elder brothers wife working and do they have children if not than request your elder brother to send her a small sum as voluantry maintanence by money order . Let her reject the MO on several occassions and maintain a record of the same which would be benefically as and when she files a DV case for maintanence .

Sudhir Kumar, Advocate (Advocate)     08 December 2012

If you are able to record conversatin the contents can prove that there was no dowry demand yet thre is threat.  You can make out a case of extortion

ANAMIKA VICHARE (LAWYER)     08 December 2012

Recording is a good thing...but do not record anything beyond 5 minutes...

do not go to polife for giving compliant or n.c....

the police will say that on your complaint they will call your wife and if she wants to lodge FIR agasint you, they will do so...

this is all corruption,,,where are you .....

So do not go to police station...

but put up a complaint in writing anfd send it to the police station by Regd.A.D.

and keep the record with you

if you receive a call from police station....

then file anticipatory bail annex copy of yr complaint....

 

For further advice email me for maintaining confidentiality

anamika_vichare@rediffmail.com

Family Court Lawywer, Mumbai

Purush Hakka Saurakshan Samittee

 

 

 

b man (Namaste)     10 December 2012

Dear Anamikaji,

 

Could u please explain the reason why one should not record beyond 5 minutes ????????

 

Warm regards

 

Shantanu Wavhal (Worker)     10 December 2012

why 5 min ??

Msk-need -nuetral- laws (self)     13 December 2012

Simple,

It was expalined in other thread, you need to document the transcriptt in written form, any lengthy conversation has to be in wriiten document form and that will be tedious tasks, and also other unwanted information could be avoided by precise call recording as it is needed to be produced in original form

Mani

b man (Namaste)     15 December 2012

 

Dear Maniji,
 
I don't think it is right to record only part of a conversation & produce the same as evidence.
 
 
If something is being said in a conversation, one needs to hear the full conversation to understand in what context was the statement made.  A part recording can at times completely distort what someone might have meant.
 
 
Just to avoid the trouble of documenting the conversation in writing, one cannot justify tampering with evidence. A part conversation is in my humble view is a distorted conversation & amounts to tampering with evidence.
 
Warm regards
I'm not a lawyer, please keep that in mind.

hnk (abc)     15 December 2012

Hello 

i have recently joind this group .please suggest me guiedence .i am going through this situation. last week i received a call from the family midiator say ing that my inlaws are going to file case 498a on me.we got worried went abscoding but nothing we heard of police.we felt so threated and confused.

Please suggest how to react in this situation. i am planning to file divorce 

 

HNK

Msk-need -nuetral- laws (self)     15 December 2012

b manji,

what i read im thread only i posted, what you said also holds true.

mani

1 Like

Msk-need -nuetral- laws (self)     15 December 2012

dear hnk,

no need to fear now.act swiftly. file extortion complaint fist with help of lawyer alongside.

Now without the rank of ACP intervention 498 FIR cannot be registered. record all conversations and preseve in original form. apply for AB ith your FIR copy. the 498a tool kit available in 498a.org helps you

mani

hnk (abc)     15 December 2012

could you please explain the processs of getting AB .how i will know or get the confirmation that an FIR has been filled ,how quicklly i can get the information.

 

i doubt my lawyer is not giving any details , i have asked him to find out if the FIR is filed or Not or its just a threat to preasurise us. but he says its not possible he can find out when FIR  comes to the court. at this  time do we have enough time to get AB.

Please suggest

rajiv_lodha (zz)     16 December 2012

My sincere advice is to read 498A SURVIVAL GUIDE. it wil answer many more questions 4 u. Anyways, n need to panic. 498a FIR is lodged only after matter is referred to CAW cell 1st. Lodge ur complaint immediately & get its copy. Wait 4 the next move then.


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