kumar B Kumar (service) 31 August 2017

Help regarding mediation in dowry 498a case

Hello respected guys,

i am Bkumar, i had already posted there various time and got answered. This time again i want to post my story and want solution from experts.

I got married in year 14 feb 2014. my wife leave my home in dec 2014 and in july 2015 she filled a fake dowry case 498a, 354, 323, 506, dowrt act 3 & 4 . ather that IO send the report to mediation center for compromise. my wife agreed to take case back if i live seprate at another place with my wife. so i accept her condition. then she taken case back.we lived 5 month together at rented home (sept 2015 t. she did not change her attitude she always fight with me and harrasing me every time. she tried to sucide but at that time i handled the situation. one day her parents and brother came at my rented home and demanded 25 lakh other wise face the case. 30 january 2016 she run away with her brother in my absence. she taken all the jweleary, car, cash and all the valuable items. then she went to her home town kanpur and filled a affidavite that she dont want to accept the medaition and balming that she signed in pressure of mediation office.

and after she reopened the same case. after that police filled chargesheet. court issued NBW angainst my family. then i approached to HIgh court in 482 for quashing chargesheet. High court stay on my NBW. and matter send to mediation again. but she did not came in mediation. after some time mdiation failled and highcourt passed the order that was not in my favour. high court said surrender with in 30 days in kanpur court and apply for bail. then we all applied for bail and got intrim bail. In mean time DIstrict Judge gave me intrim bail and send matter again mediation in kanpur for setellement. 6 september 2017 is the settelment date in mediation. second party also agree to settelment the matter in exchange of money. so i decide to give some money and close the mattter.

i wnat to know how setelment money will decide by judge. I have all the proff that she has taken all the jewellery, cash, car. please guide me how can i closed the case.presently i got intrim bail. 7 sept 17 is my next date for intrim. if intrim cancel then what will happen. judge also know its a matrimonial matter.

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2 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 31 August 2017

Sir,

You have to mention everything before the Hon'ble Judge about the articles already been taken by her, what u can do is create some evidence in the meantime making her admit that she has already taken all her articles.

Warm Regards

Kapil Chandna Advocate

9899011450,9911218741

https://kapilchandnaadvocate.wordpress.com/

Raveena Kataria (Advocate ) 05 September 2017

As stated above, you need to be forthright with the court and let the judge in on all the facts (from beginning to now) that prove your innocence along with the necessary evidence (that she took the car, jewellery, etc.) The main burden of proving your guilt is upon the prosecution. You can also file for divorce against your wife on grounds of cruelty (suicide attempt, false accusations,) though best that you get in touch with a local advocate for smoother proceedings.

Please note, if you are here strictly for expert advice, you can post your question on this website's expert section instead of the forum.