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Anis (Asst. Manager - Sales)     23 December 2011

Urgent help needed in sec.498a, sec.406 & dv act

On 8th November, my wife's brother in law and brother came to our house and took her under the pretext that her grandmother is in critical condition and her mother is also not well. My family allowed her to go. They promised to bring her back after 2 days. After 2 days when I called to check when she is coming back, she refused to come and said will let me know when she wants to come. After 3 days I was searching my cufflinks in the cupboard when I realised that all the gold jewellery including mine was missing. I called my wife to check whether she has taken it with her and she acknowledged that she had taken it with her as there were few weddings also which she wanted to attend. I felt that there is something wrong. After 10 days from the date she left I called her and said i am coming to take her back. She refused. Then i consulted a lawyer and he said to send a notice to her to come back. So after 16 days from the date she left I sent her a notice to come back within 5 days. I also mentioned that she has taken the jewellery without informing me and my family. I also submitted a copy of the notice in my local police station and got it stamped by them. On 4/12/11 I received a notice from her accusing me and my family of harassment, cruelty, torture for dowry and various other baseless allegations like my younger brother is a black magic expert. allegations like we were trying to kill her. She threatened that we are guilty of crimes under Sec498A, Sec.406, DV Act. She also accused us of stealing the jewellery with a duplicate key and that now we are trying to misappropriate the same. we immediately applied anticipatory bail for my father, mother and younger brother and the Magistrate granted the same. I could not apply for AB as I was out of town when we received the notice. They had given 7 days time to us to return all the customary gifts and her personal belongings or else they will take legal action against us. After 7 days my wife started messaging me. She also tried to call but I didn't take the call as my lawyer had advised not to talk to her. Now she has sent a message stating that she is pregnant. 

Please advise me as to what steps I should take now. What are the risks if I take her back in the house. What if she comes back and then her father files a 498A case and other cases. 

Is there any procedure where she can give a bond of assurance to us that she will not file any case against us and will that bond of assurance be valid in the court of law if she or her family files a case against me after I take her back. If she gives a statement in court or our local police station that all her allegations were false, will that help us in future. Please reply as I am very tensed.


 4 Replies

Sufferer of 498 (Officer)     23 December 2011

Whatever you do ..DO NOT take her back into the house, she'll gather further evidence to rope you all again....

cm jain sir (ccc)     23 December 2011

Dont do mistake man. you have chosen the wrong girl. if you take back then she will fit bigger size bomb.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     23 December 2011

Wow, a case in the making.


Take appropriate steps and start attending local SIFF meetings in your area.





Shonee Kapoor

Sudhir Kumar, Advocate (Advocate)     22 January 2012

Repeated query.  I have given you detailsed analysis as to how you are gullty

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