Fight against misuse of 498a ipc.

Dear Experts,

I had been reading posts on this website as i see myself in pipeline of all this mess. I give brief of my story:

I had been married since 1-Dec-2011. Have a 1yr 4mth old baby. since the time of marriage and till date we had issue with my wife and her family. they have always suppressed us in all the ways. girl never respected me or my family and same done by her parents. my parents were innocent and fallen for all their ways and kept convincing me that with time all will be well and that's why when i heard the news of my wife being pregnant in spite of me not willing i was guided to have a kid as it may solve the issues with my wife. however nothing solved among us.

Situation as on date:

My wife had been away from my home for past 4 months and living with her parents.

She has the kid with her

in spite of me asking her to come back she is unwilling

every time i try to make a communication or from my family some one does that they do not respond.

my wife just respond on emails to me and she has crossed the limits in cursing me (and some time me too when i respond)

i do not see anything better happening in this relationship in future.

my wife is also not willing to be with me

i want a divorce and my wife says she is ok to do it mutually without the mess of courts

but as i have read here later with lawyers advise she will put all the cases on me like 498A, DV etc etc...

fyi, i took no dowry, my marriage expenses were shared 50-50 among both parties, my wife took along with her all the gold that we gifted her (i have that in writing in email)....

pls guide me what could be my next steps...i want to do something about it, need right guidance how to go fwd...

in the blogs here i see many terms i do not understand...

i would appreciate if someone could guide me step by step...

i am ok to consult good layers, but as most ppl shared their experience it is difficult to find any ethical lawyers..do let me know if someone hired a good ethical lawyer..

i reside in chennai, my wife is in rourkela and marriage happened in bhopal

thx a ton in advance..

SA

@ Not Required,

Your very first step is to register a police complain and ask the police officer to stat investigation on it and make a police report on it on priority.

This report will work as a very good evidence during your divorce case. Then you can file a case U/S 144 CrPC in the district / session court to avoid harassment from 498A and DV.

Some more general clues

https://www.lawyersclubindia.com/forum/Crpc-125-112702.asp#.VIP2AmeLu_I

Hi,

You advocate fighting case yourself. The questions is how? Where in court do you go to? Which office? Everywhere you go, its like: talk to your lawyer. I am going to courts. And am yet to find a practical way of how do I file or respond to the case, where do I submit documents. where do I file the application. 

Finding these facts and working through govt office is time consuming procedure. I am anyway finding it difficult to manage my case and my job. with full time case, how does one find time to earn his bread and butter? 

Dear Rocky 

Thanks for your reply.

You advise to file a police complaint. what exactly should i say to police? i wonder whether they will file the complaint! further, where will they investigate? as im in chennai and girl is living with her family in rourkela (orissa). Girl's father and i spoke but exchanges among us were not good. i still do not know whether she will come back or not? i prefer to take actions as of now for 2 objectives:

1. Can i get some legal paper work done once my wife come back so that in future if it did not work out, i'm protected from unwanted cases and can have a swift divorce. 

2. If she did not come back, which is of her own will. i want to be protected against unwanted cases, want a divorce and don't want to pay any alimony as she is staying away on her own wish and not coming back in spite of me asking her father to bring her back.

PS: there are some email exchanges among us where she said of separation and then i also said of separation. Second, for filing the complain, i live in chennai and my company may be transferring me to pune in some time. if i start proceedings here how will i follow-up in pune. or should i wait for transfer to pune (this will take some time say 6-8 months)

Thanks,

SA

@ Not Required,

I apology for late reply.

You and your parents (Senior Citizen) can register complain in both her matrimonial police station and her parental police station.

Please you and your parent write your complain carefully in A4 size papers and attach xerox copy of your evidences that supports your allegation before going to the PS. After that register the complain on priority and ask the police to investigate on this and make police report.

Please do not hesitate to register police complain.

This will be an evidence. Then you can file CrPC 144 and issue summon to the corresponding investigation officer in the District Court to give his witness in fever of his report. After that please collect the judgement copy along with the statement of the investigation officer in the court.  - This is 100% valid evidence as per Indian Evidence Act 1872. You can later show this in your divorce case to prove your allegation.

Various sample petition is available in this thread. There is separate computer room for case filing in each District Court. You have to fill-up a High-Court form (available in the computer room) then you have to attache court fee Rs. 10/- in the main petition and Rs. 1/- in the affidavit, make notarization and submit. Please mention advocate name as petitioner in-person.

Originally posted by : Rocky Smith
	Mr. Unknown,   This biased law will go if we all learn basic law and fight against it.   Please fight your cases in-person (Without Advocate) then prepare for PIL.

Mr. Rocky my cousin brother is fighting in person. Please tell me when is the need to file PIL after fighting in-person & why that's needed ? Pls try to explain me in just 2-3 lines for my understanding. Thanks

@Experts, pls also tell me regarding my cousin brother's case as follows:-

In DVC filed by his wife they changed one paper with new allegation after DIR. Now, my brother wants to file perjury but judge told him that they filed separate applications in DVC & DIR. Is that possible ?

Is the judge (MM) also a party to this ?

He asked the judge to decide perjury first but the judge (MM) told him to bring WS & Income Affidavit both together. Why Judge (MM) is in so much hurry ? Does that mean that the lady MM is also a party to this perjury ?

Now, my brother wants is confused between whether to put Revision u/s 29 DV to the sessions or directly complain against the MM to the sessions court with a request to decide perjury first ?

Please suggest. Also suggest me for my last post above. Thanks all.

Dear Rocky,

i will be visiting my wife place for the final talk on this matter. She was OK for divorce by mutual consent earlier, but i wonder when i actually start the proceedings whether she may agree or not.

So my plan is as below:

1. i go to her place to discuss the matter. As i know i'm clean there wont be much substantial allegations on me. i will record the conversation and her answers on questions like, whether i take dowry or whether i did any DV. i will raise these questions in between my conversations so that i have the natural (and hopefully truthful reply). Whether it will be helpful as an evidence later, in case she files a 498a later or changes her mind from a mutual consent divorce?

2. i try to go there with an agreement of consent or mutual understanding to proceed with the terms of divorce written on A4 paper with main details as below (and i ask my wife to sign it):

-as marriage is not working betn  husband wife, we agree for mutual consent on divorce 

-husband or his family was never involved in demanding dowry or domestic violence

-both parties agree to exchange (give back) the precious jewels gifted to each other. For this i will prepare an annexure of the list of jewels gifted by both parties as per THE DOWRY PROHIBITION (MAINTENANCE OF LISTS OF PRESENTS TO THE BRIDE AND BRIDEGROOM) RULES, 1985

-agreement for not asking any alimony/maintenance allowance as she is staying away from me on her own will (this will be one of my condition to let her have the custody of the baby, or else i fight for the custody of baby)

If i succeed to have this document signed by my wife, will it hold any value in court (along with the recording of the conversation) and give me any protection from any allegation on Dowry/violence etc. in future. Is there a specified format for this? can you share? Is it OK to have this on plain paper or i need a stamp paper of some value?

As of now it looks like may be my wife will be ok for divorce on mutual consent. so pls guide me on the step by step process and documentations involved. thanks

Dear Rocky,

i read about the divorce by mutual consent and now have a fir idea on this. i am little relieved to see the simple process and less painful. i pray and hope my wife agree for this finally. No the doubts i have are:

1. is it mandatory to be present in court for both spouce during hearing of 1st motion and 2nd motion?

2. My wife and me are in different cities and it will be very difficult for either to make travels (specially my wife may not be interested). So i have to ensure she is at her full comfort until i get the divorce, by and large far far better than 498a mess. So, is it possible for my wife to remain absent from the hearing? could there be some documentation that can grant her absence and yet consider her written statements.

thx for your answers

Dear Friends, Sorry for late reply.

@ Radha Rani,

To know about PIL you need to go through the following link and see the discussions.

If you are against of any misuse of law, corruption & biased view, if you are agree that "Crime Against Men" are increasing day by day then you can sue against the State and/of Central government for remedy in the High Court (Article 226) for state or in Supreme Court (Article 32) for central.

Even I also need some more study on this.

https://www.lawyersclubindia.com/forum/What-to-do-with-the-female-oriented-laws--104883.asp#.VJ1UbcGXY

 DV is Quashi-civil case. You have to submit your WS along with at separate application of perjury in the same court were the DV is going on. I did not understand why the judge is asking for income affidavit. Please not submit. Please show job-less in your WS. Please also file a petition U/S 91 CrPC and ask evidence as per Indian Evidence Act to forfeit her allegation. Sample petition of Perjury and CrPC 91 is available in this thread.

@ Not Required,

"If i succeed to have this document signed by my wife, will it hold any value in court" - court grands only those evidences those are as per Indian Evidence Act 1872. If this agreement is not signed and solemnized before any lawful authority with 2 witnesses and certification of that authority then this is not a valid evidence. Even if you show in in the court then also the court needs her final witness to grant it.

I always suggest that not to go for any short-cut way. Please go for speedy-trial and get dispose of the matter at the earliest. If she does not come then issue warrant for criminal cases and make exparte for civil cases.

Hi Experts,

My sister-in-laws committed suicide by consuming something on 16 Dec'14 and in-laws parents filled FIR against my brother, my parents (Mom & Dad) (306,498A,34).  My sister-in-laws had extra-martial affair but she had complained in Police station about the boy (REAL CULPRIT) due to our intervention. Police have evidence on her extra-martial affair.  2 months back,She ran away from home (in-laws) on which we had filled a general diary. We have also informed about her marital affair to her parents. But my brother was worried about his kids future, so he never gave any thought for divorce.

In FIR, they have mentioned 3 points:

1. Physical & mental torture

2. Allegation on Character

3. Nothing is mentioned about dowry.

Marriage duration: 11 years

Kids- 2 and 10 & 8 years respectively.

My Queries and need ur suggestion on below points:-

1. Whole neighbourhood, knows about her marital affairs and Police has shown the evidence to me but I'm not sure whether they will produce it or not. 

2. My brother and dad are in custody from 18 Dec'14, when can I expect their bail. As, my dad took her to hospital(did as expected) and my brother was on duty.

3. I haven't applied for anticipatory bail for my mother as my lawyer told me to wait for bail for my brother and my dad. 

 4. My lawyer told me that we can hope for bail on 22 January depending on case diary prepared by Police.

Please guide me and thanks in advance.

My opinion is,

Please try to get the bail first on priority.

After that please apply in High Court quashing with speedy trial (i.e prey quashing first, if not granted then prey for speedy trial) u/s 401 CrPC read with 482 CrPC and 483 CrPC.

Please also submit all documentary evidences like your first police complain, Police report on investigation and call for the record for the better judgement.

If you still don't get quashing then also your submissions (Plus Points) will be recorded in the HC order and you will get speedy trial order. This order will also act a very good evidence during the trial.

Also file perjury against them during the trial.

 Generally these corrupted people will never bother to prove anything in the court rather prolongate the process to get interim relief any harass you and black-mail you. Our law and judiciary system is also corrupted and has pre-convicted notion of view and helps them to prolongate. Lawyers will always try to seduce and extort you.


Please take -


a) Speedy Trial / Proceedings (Writ Petition in High Court) [Priority 1]

b) Perjury (CrPC 340 read with 195 CrPC)  [Priority 2]

c) Extortion (383 IPC read with 384 IPC. Extortion) [Police complain like FIR or sue in the court as private complain. Priority 3]

 - - As your weapon to fight against it.


It is also advisable to fight in-person (Without Advocates) at least in High
Court.

Sample HC petitions are available in this thread.

Rocky sir ...Thank you for sharing your prepared steps and inputs...i went through your articles..

You are doing good job..

Sir, can you pls guide me with my case...what should be my next step?

Here is the link to my case ...https://www.lawyersclubindia.com/forum/Wife-works-in-usa-but-filed-498a-on-parents-sisters-118189.asp#.VQml_46UeHg

Pls any of your valuable inputs will be of great help to me sir.

Thank you rocky sir 

Answered.

https://www.lawyersclubindia.com/forum/Wife-works-in-usa-but-filed-498a-on-parents-sisters-118189.asp#.VQml_46UeHg