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srk (Service)     17 July 2013

Wife filing multiple cases after 498a

Hi, 

I am in a very difficult situation, my wife filed false 498a(cops were bribed) case again me and my parents, brother and married sistes in oct 2011, i am out side india, so charge sheet was filed and my family is attending the court dates, later she filed a domestic voilence case again for which my lawyer is attending the court dates, later she filed for maintenance which is also going on in the court, in all the 3 case she filed the same alligations, in the 498a and DV cases my family narrowly escaped arrest.

now she went to the court and filed a flase case under section 420, 406 and 156 in May 2013, unfortunately the cops were bribed so much that they all of a sudden appeared at my sisters houses  and at my parents house at the same time and arrested my parents and brother, my sisters escaped, and they purposefully produced them in the court at 5:05 pm the sameday so that the magistrate will not have a chance to look at the file. my parents and brother have to spend a day in the prison, next day they got bail, and now they have to go every sunday to the Police station and sign, later the cops have demanded 3lacks to take my parents and brother name of the case(which i cannot prove as he demand my lawyer). i now came to know that she is planning to file another case just to harass, i wouldnt be bothered if i was in the prison, sending my parents is making by blood boil and these cases are creating issues at my sisters place, as her in laws had enough of this drama.

my question is that can she go on filing false cases like this every few months to harass my family, even though the previous cases are in trial status. can we get a stay or something to stop this harrasment. as i have previously mentioned, please suggest 



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 10 Replies

**Victim** (job)     17 July 2013

Mere itne saal ke anubhav se mein ek baat seekh chuka hoon ------- koi tum par baar baar case kiye jaa raha hai agar tum ek baar seena taan ke ek case samne waalo ke upar thok doge tab woh log baat karne ke liye samne se ayenge.


Try to target ur father in law, mother in law, ur sister in law etc, etc......and then see how far they can go. I am not an expert but i am victim just like you. Don't u think we are human beings ? Does it have to be husband always going through hell ? May be lawyers will not adivse you what i have said but if u believe in my words then try to do as i said and see the magic after that.

 

If you are outside india then there are ways also to pressurise your wife's lawyer. I myself have done this via ministry of external affairs. Bottom line should be if you go through hell......then everybody deserves to goes through hell and this includes everybody who is supporting your wife ( her lawyer,her father,mother,brother everybody)

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     17 July 2013

After how much time she filed 420? Were the facts same as in the previous complaint?

 

You should go to HC for quashing of the said case, it is an abuse of law.

 

Also, yes, you should plan some counter-action, which unfortunately can be advised only by a competent lawyer after going through the complete details of your case.

 

Regards,

 

Shonee Kapoor


Yahoogroups: https://groups.yahoo.com/group/sahodar 

If you don't fight for what you want, don't cry for what you LOST.

dr.pawan rajyan (member and secretory)     17 July 2013

good advise by ***VICTIM*** and by ADV S.KAPOOR JI.

srk (Service)     17 July 2013

Thanks Mr.Shonee and Victim,

498a was filed in nov 2011 and 420 was filed in mid May 2013 i dont know the specific date, but all the alligations are the same, may be the wording has changed but not the meaning. i did not yet get a copy of the FIR from my lawyer, i am moving to HC for quash my lawyer is confident that it will be quashed, im just keeping my fingers crossed, 

as you both have mentioned i will plan for a case under DP 3,  she and her parents have specified in all the cases that they have given the dowry(which is false) but even that is punishable. The SHO(bribed) who filed the charge sheet also mentioned the same the they gave us Dowry. DP 3 is the only ray of hope for me to file a case against them. do you think this is going to work?

there is one other mistake they have made in US, her brother mentioned that she was not with him when i filed a divorce case here, where as she mentioned in 498a that she was with her brother, him until she left to india one month later(that is one month after the divorce case was filed in US). she was trying to nullify the divorce in US by mentioning that she was not summoned properly, but they have fallen into the pit they them self dug, once both bother and sister statements were provided in the court in US, the court of appeal gave a judgement in my favor.

can i produce the same documents they have provided in US court and judgement from US court and file case of false alligation. do you think these documents can be used as an evidence.

please let me know. i appreaciate your patience and experience,

Thanks a lot for time you have taken to help a fellow victim.

**Victim** (job)     17 July 2013

Wait a minute if divorce was granted in U.S. court then this will help you a lot because there is no way that she can prove that she was not summoned properly. Upcourse indian court would love to take cognizance saying that marriage was performed according to hindu rites therefore the matter is admitted in indian court however if both parties has gotten divorce in different country then why come to india and file series of cases against you and your family members ? You definately bring this to court's attention and i think there is a High court or Supreme court judgement on this saying if divorce is obtained in different country then there should not be any cause to file any cases in india. But it really depends how did she got divorce ? (did both of you filed a joint petition in U.S. court ?)


BTW if u are considering to file a case against your inlaws try to cosult your lawyer in india he or she should be able to help you with that.

srk (Service)     17 July 2013

@***Victim*** thanks for you time.

I filed for a divorce in US, the summons were sent to her at her brothers place(as she was living with her brother) via a first class post which needs an acknowledgement, they noticed that and did not accept the summons for a month, all this time the summons were in the post office and postal notices were left in her brothers mail box to pick up the summons, once the summons were sent back to the court undelivered, court sent summons in a regular mail and they had to accept a regular mail, at this point of time she left to India, and since they she has appointed a lawyer just to fight the case partially arguing that she was not at her brothers place when her brother received the summons.

 

A year after filing divorce magistrate granted divorce, later she appealed to the judge on the same ground that she was not summoned properly but the judge supported magistrate's decision, later she went to the court of appeal on the same grounds, in here three judges have taken the decision that the summons were properly served, she and her brother have conflicting statements(her brother submitted a written statement that she was in india at the time the Divorce was filed, she submitted 498a case,DV case and the arrest warrants pending in india against me via her lawyer in india to US court, in the cases in India she mentioned that she left to India a month after the divorce was filed). 

In a complaint to cancel my passport to PP Authority she mentioned that i filed a case in US only after she filed a 498a case. i filed divorce in sept 2011 and she filed 498a end of Oct 2011, i dont know in which country or which planet Sept comes after Nov or Nov comes before Sept, but our great Indian police would not notice all these, all they want is money to fill there pockets and file false cases to harrass and make more money. they harrased my employer in US by showing the problems they are going to face wiht court and convinced them to not extend my H1B, before they could execute that step i moved to a new employer.

im not planing to come india in near future but the way she is harrasing my family, I want to come back and face it what ever happens, but neither my lawyers nor my family wants me to come back. there argument is that all the pain they have taken until now is vain if i come back.

 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     17 July 2013

That divorce as uncontested is not a valid divorce in Indian law.

 

DP3 is also a waste of a case, I don't repose much trust in the same.

 

Look for something new.

 

Shonee Kapoor


Yahoogroups: https://groups.yahoo.com/group/sahodar 

If you don't fight for what you want, don't cry for what you LOST.

srk (Service)     17 July 2013

Thanks Mr Shonee for you suggestions,

i want to file a tax evasion and DP 3, they are taking advantage of my patience. I feel like better file than later feel bad that i have not done.

please let me know if there are any other sections that i can include,

can she file a case U/S 420, 18 month after 498a.

please let me know 

 

Regards

**Victim** (job)     17 July 2013

Originally posted by : srk

Thanks Mr Shonee for you suggestions,

i want to file a tax evasion and DP 3, they are taking advantage of my patience. I feel like better file than later feel bad that i have not done.

please let me know if there are any other sections that i can include,

can she file a case U/S 420, 18 month after 498a.

please let me know 

 

Regards

 

I agree with shonee try something else. Don't touch the provisions which are already made for womens. Think something out of box ........such as IPC 506, 340, etc, etc and that is why i advised you that try to target her family members that support her. Just don't mention your wife's name in the case and include everyone else and then see..... If you are in United States then try to get in touch with me so that we can discuss this properly.

where is justice (partner)     18 July 2013

Agree with Mr. @***Victim***, I am not an expert but have been under threat of false 498a and all other case. You cannot stop someone making false complaint against you and your family members but change the way you defend & bring the opposite party down for negotiations.

I have consulted a few lawyers regarding the whole issue; each lawyer has his own way to handle the case. one among many lawyers having good knowledge of dowry matter advised  as only steel can cut the steel, one can use woman to defend false allegations from other woman. Think ….. If any male member of your in-laws family has misbehaved with female member of your family?  There are many recent amendments to protect women from any types of harassment (including s*xual). Try to find one good criminal lawyer & discuss what can be done.  

Remember in rape case there are guidelines from Supreme Court that the statement of the victim lady is final, nothing more else needed to prove. More at the time of medical test, Indian police do not collect dna samples etc. & match with accused , only confirmation intercourse is sufficient to prove any s*xual assault. Do not waste time under throwing small -2 stones; send a nuke to opposite party. Think…


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