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apoorindian (System Admin)     06 March 2010

498a Case Victim's case

Hi friends If you all remember my earlier post. I would like to inform you that I have finally managed to get my case history. (although not  from my lawyer but from another source).

 

 

I am not giving my actual identity because I am afraid. Afraid because a month ago I was a normal citizen and now I have got entangled in a mess. I am the brother in law of  a woman who has filed 498a case on my brother(groom), myself and my elderly mother(who also happens to be very sick).

So I am giving code words to names and locations.

 

State X(Eastern India) : City  A and City B

 

City A : Girls house

City B : Boys house.

 

State Y(Northern State) : City C - Boy works there

 

State Z(Neighboring state of X):

City D : 498 case and other cases filed by girl.(About 5 hrs journey by road from city B)

 

The marriage happened in November 27th 2007. We did not take any dowry

She stayed with us her in laws for 1 month. In between she went to her father’s place twice. My brother took her away  to work place (northern state) in January 26th 2009. She left him in March 2009.

 

Case was filed in 17.10.08 from bride's new home town. City D

498a, 323, 406 and ¾ DP act

(Note we had no contact with her for months or her family and we did not know they have moved to this city).

My family have never been to this city.

My sister in law lodged FIR in form of a signed letter. She says right after her marriage, My ma and me(brother in law) started torturing her both physically and mentally brutally. She says her father has given (
50,000 in cash-a lie), jewellery (some items mentioned okay others made up), a further 25000 for clothes & travelling(we never asked for it-her father transferred Rs. 10,000 for barati and gave Rs. 15,000 in cash to my brother for clothes-its an age old tradition for Bengalis), trolly suitcase(believe me local made), luxury items(read cheap perfumes), Rs 30,000 for furniture(a lie),shirt piece and pant to brother in law(me).

 

Note we have given much more to bride in form of Saris and clothes. She has also stolen Rs 5000 in cash and taken many items from my brother’s house.


She says, even after giving so much we were demanding Rs. 1.5 lacs in cash and hero honda (My brother(groom) does not know how to drive a bike). When she left her in-laws place to husbands place me and my Ma snatched everything from her.

When she was with my brother he also tortured her both physically and mentally.

(pictures we have got where couple have gone vacationing. she looks very happy).

She was forced to call her father and ask him to take her away(March 29th 2008).

Her father and brother took her away. She says then also my brother snatched everything from her.

After that she says her husband started calling and threatening dire consequences.

(Total lies she had changed her number. My brother called once her parents  they insulted him).

ICING ON THE CAKE.


On
12th October  2009 my brother along with two unidentified persons went to her home(we did not know where she was staying) and created a huge scene at her place. They threatened them with dire consequences. They brutally assaulted her. Then her mother with folded hands asked them to go away as her husband(girls father was a heart patient).

Because of this they were forced to file FIR and 498a case.
(total lies)


1. we did not know they have shifted to
new city.
2. On
2nd October, 2008 I had a serious accident. Broke my left femur. My brother was there taking care of me.) I was discharged from hospital on 11th October.

On 12th October 2008, my brother was cleaning my bed pan.

 

She also adds because of our behaviour she was forced to commit suicide to self from time to time.(her words)

 

I was arrested in 16th January, 2010. I was taken to her new home town and put in judicial custody for 1 day. I got bail. My Ma and Brother surrenedered in court on 30th Jan and got regular bail.(PP did not oppose)

..What do you think. I want to fight this case.

 

My lawyer says to compromise as case will go on for years. He wants me to negotiate with them. He says that girl has agreed for Mutual Divorce. He says that if we don’t compromise she can file maintenance case and make my brother come to court every month. What shall I do? A local source told me that my lawyer is assistant of girls PP.

I don’t want to give  my hard earned money to them. Rather I will give to poor needy people.

1 Also one more question? The magistrate has written ER/ appearance for us in April . What does ER mean.

2. I live in a Naxalite infested state? If there is NAXL BANDH and I am not able to appear on court date what can I do?

 

Please waiting for your advice. Thanks!!



Learning

 4 Replies

Sreenivas V (S/W)     08 March 2010

I am also a victim of this false 498A. With my experience since 2 years the following are my thoughts. Just select the best one which suits your case and circumstances your family is in.

1st One is for compromise as suggested by your lawyer. I hate to tell this but based on my experience only I am telling you this to come your family out of this idiotic mess. Normally they will start with more money and it all depends on how best you can bargain on this. One thing is sure they will start with huge amount initially but finally they will come down for any mere amount as they know finally they will defeat on false 498A cases. Also their lawyer and your lawyer will get some commsion in this so they will make sure that the case settles with money and those are the actaul people who want the compramise more than any one.

Second option is Fight the case in the court. You can give authorization to some one and there is no need for you to go to court regularly. This way it will go years but this is the best one so that in future people will not file false 498a.

About me 2 years since flase 498A, no compromise fighting the case in court. So far spent about 4 lakhs for bail, lawyers, travelling etc, as the case is in a court which is 300 kms from my parents place and 500 kms from my working place. Initailly thought of going for compromise but the amount demanded was 50 lakhs to 1 crore. Our limit is 5 lakhs so decided to fight and now no more compramise will fight till the end. I gave authorization no need to go to court will be going when I have to tell my hearing and the final judgement day. Before I tell first they have to come to court and tell the same what was in FIR , which now they are not telling even though court gave summons to them in september 2009.

About my case in brief, married 2 years back, came to know that she ran away with a boy before marriage for 15 days from home. We came to know about this after 7 days of marriage asked about it in elders and the girl went away to their parents home filed false 498A. Expecting a huge amount from us so that the girl will be married to that lover with this money as he has no job and he does small finance business locally. He is ready to marry her. The girls side not interested in giving divorce and we want divorce for which they are not agreeing. The girl is interested in marrying him put parents not.

1 Like

apoorindian (System Admin)     08 March 2010

Thank you Srinivas for replying. I made a  typing mistake. It should read My sister in law left my bother in March 2008 and not 2009.

 

My laywer no says that they are ready for compromise. They have agreed to a amount of  Rs. 40,000 provided we give Mutual divorce and return her jewellery and some copper utensils. This amount also includes fee for Mutual Divorce.

I will post a separate post to what my Lawyer is now saying.

 

thanks

regards

Gokul.P.R (GM)     18 March 2010

Apoorindian Where are you  located, you can contact the nearest helpline of SIF(https://www.saveindianfamily.org/contact-us/activists.html) and attend weekly meetings, which will help you solve your issues. Please read the following blog post to know about what you can do in your situation: https://at498a.blogspot.com/2008/10/first-contact-advice.html

Pragnesh Nathavat (physical therapist)     19 March 2010

sreenivas has given the whole picture very nicely. thanx srinivas. even my case is going on since more than 1 year and not only 498a but also maintenance case and domestic violence case are filed against me. i have decided to fight. and their demand for compromise is slowly coming down. from 7 lakh to now 5 lakh. i will fight till i will get it down to 1.5-2 lakh, then i will throw this money on her face and say "GET LOST". srinivas is absolutely right, its all about money. nothing to worry. even true cases of dowry where brides are badly harassed are difficult to prove, then false cases where these b*tches are wishing just for money will really lose. and those bl**dy b*tches, will never come inside the witness box, they feel fear coz they are wrong. before they have to appear inside they will surely GET LOST with their price as prostitue. 


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