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Sreenivas V (S/W)     08 March 2010

Adding 307 to 498A

Case History in Brief

Married two years back. Came to know that Girl was in love with a boy and she eloped with him also for 15 days. This came to know after 7 days of marriage. She agreed for marriage by the force of their parents only. I went abroad after 7 days of marriage as I was working abroad and came for marriage on vacation. After 7 days I went abroad came to know sure that this was in fact true and she took poison also two times to marry him only. My parents put this in village elders and the girl parents said as I got married to her I have to accept her and they are ok if I want to kill her also. They don't want her to be in their house and want her to send to my home. They tried to put her in my home by force but we vacated that house and moved to an undisclosed house. So I sent a divorce notice as I came back from abroad knowing this news. They filed a false 498A case. The lover wants to marry her and she also wants him. But due to parents force she was in dilema. Also now it looks she also intersted in getting some money from me on this issue, then she can marry him as he has no job. He also cooperating with them now so that some money they will get so that he can do some business and live happily.

After almost 1.5 yrs in September 2009 court asked me if the charges filed are true which infact are false and same was said to the Judge. Judge sent summons for them to come to court and give their statements. Since then each time they come and say some story or some excuse but will not give statement. This happened almost 11 times since summons was given. Finally now they are asking that Dowry related matter was not properly investigated so they now want that to be investigated under section 307 and also they want attach that to this 498A. My lawyer is saying he will not accept it to be attached to 498A as this will delay the 498A. Even though they are insisting on including section 307 to 498A only and this is surely to delay the 498A further so that they can esacpe giving the false statements.

Since after arguements on this the judgement to allow 307 to 498A is waiting and since then four more times we visted the court but the Judge is postponing the verdict of allowing or not 307 to 498A. Now we are so much worried what will happen as this will again delay the 498A which we are sure we will win once they give their statements. We cannot give our statement or proofs on this untill they give their statements.

So assuming if 307 is allowed to include in 498A how will it effect us and is there any remedy for this so that 498A case trail goes ahead without any delay. We want 498A trial to go fast and they want it to go slow for years. They are actually looking for settlemet expecting they will get more money. Also is it infact correct to include 307 to 498A case? We are not intersted in paying them anything as laready we spent 4 laks so far for these cases and others.

This case is going on in TANUKU Criminal court of Andhra Pradesh.



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 2 Replies

Isaac Gabriel (Advocate)     08 March 2010

The case filed under 498 A alone need to be decided and the couert may not entertain any clubbing of section 307 as it has got distinct nature. You can vindicate 498 A before the forum.

Sreenivas V (S/W)     10 March 2010

Thanks Isaac,

Could you expalin me about vindicate 498A before the forum. Which forum you are talking about. We are feeling there may be some conspiracy here for the Judge not giving the verdict about clubbing 307 to 498A. So far 5 postpones he has done on this without telling anything on this, even though he tells next week, next week like this almost 5 weeks gone by.


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