Sec.498a, sec. 406 and dv act
Querist :
Anonymous
(Querist) 23 December 2011
This query is : Resolved
On 8th November, my wife's brother in law and brother came to our house and took her under the pretext that her grandmother is in critical condition and her mother is also not well. My family allowed her to go. They promised to bring her back after 2 days. After 2 days when I called to check when she is coming back, she refused to come and said will let me know when she wants to come. After 3 days I was searching my cufflinks in the cupboard when I realised that all the gold jewellery including mine was missing. I called my wife to check whether she has taken it with her and she acknowledged that she had taken it with her as there were few weddings also which she wanted to attend. I felt that there is something wrong. After 10 days from the date she left I called her and said i am coming to take her back. She refused. Then i consulted a lawyer and he said to send a notice to her to come back. So after 16 days from the date she left I sent her a notice to come back within 5 days. I also mentioned that she has taken the jewellery without informing me and my family. I also submitted a copy of the notice in my local police station and got it stamped by them. On 4/12/11 I received a notice from her accusing us of harassment, cruelty, torture for dowry and various other baseless allegations like my younger brother is a black magic expert. allegations like we were trying to kill her. She threatened that we are guilty of crimes under Sec498A, Sec.406, DV Act. She also accused us of stealing the jewellery with a duplicate key and that now we are trying to misappropriate the same. we immediately applied anticipatory bail for my father, mother and younger brother and the Magistrate granted the same. I could not apply for AB as I was out of town when we received the notice. They had given 7 days time to us to return all the customary gifts and her personal belongings or else they will take legal action against us. After 7 days my wife started messaging me. She also tried to call but I didn't take the call as my lawyer had advised not to talk to her. Now she has sent a message stating that she is pregnant.
Please advise me as to what steps I should take now. What are the risks if I take her back in the house. What if she comes back and then her father files a 498A case.
Is there any procedure where she can give a bond of assurance to us that she will not file any case against us and will that bond of assurance be valid in the court of law if she or her family files a case against her after I take her back. If she gives a statement in court or our local police station that all her allegations were false, will that help us in future. Please reply as I am very tensed.
Shonee Kapoor
(Expert) 23 December 2011
No such bond is possible.
If trust is lacking, then no amount of paperwork would be of help.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sudhir Kumar, Advocate
(Expert) 23 December 2011
I HAVE READ YOUR SIDE OF STORY. I do not know you but story given by you is totally against you. After 2 days you telephoned only to know when she is coming back that means you were not at all concerned with ill health of mother and grand mother otherwise you may have joined her. You were inconsiderate enough and left her alone to fend for hardship. (Sorry you have nowhere stated that you discovered that her mother or grandmother was not ill). Her mother and grandmother were ill (atleast stated to be ill) and your family allowed her just two days absence even your maid would have got a larger leave. What else do you think is a torture. Is it a case of a servant applying for leave of employer.. It her parents were in other town then two days was leave. In case they are in the same town then it was natural for your parents to visit them. And then dot on third day you demanded her to come back. What do you mean by your jewelry which you say was missing? Just in 16 days you sent notice, informed thana. What else do you think is a torture. She has gone to attend her sick mother and grant mother and you are showing her the law of her obligation to join your family. By not attending her telephone call you are confirming what you are being alleged to be. You never said that earlier there were strained relations. So thereby you invited her to file case against you. You probably left her with no choice. Your own version is betraying you. She is in pregnancy and attending to sick mother and grandmother and you are seeking assurance of not repeating the conduct before she is allowed in. What else do you think is a torture. What assurance you want from her that her mother and grandmother will not fall sick or if they fall sick she will let them die not will not visit them or will report back (like a soldier in Army) on expiry of leave. What else do you think is a torture.
What type of bond you want. Normally Indian parents on knowing of the pregnancy of daughter-in-law become full of joy and just forget everything and forgive every one out of joy. But I d not know what kind of material your parents are.
How can you expect her to state before police or court that her allegations were false when the law (the path ushered by you) allows her to put allegation and it is for you to keep defending and giving proof against allegations for next few years.
Your blog gives a doubt that perhaps you are the type of person who forced Govt to frame rules like 498a, DV Act etc which are being misused to harass the innocent persons society. You are asking about the risk of bringing her back and are not worried about the risk if she not agreeing to come back (the scene which you have woven meticulously) You forget about she giving an assurance please beg her mercy by giving assurance that she may require. THIS IS THE ANALYSIS BASED ON YOUR SIDE OF STORY HER VERSION MAY BE HARSHER.
prabhakar singh
(Expert) 24 December 2011
It is your haste that has eaten your wedding Cake.I infer that your wife was pregnant which she revealed first to her mothers side.In India it is a convention that when a pregnancy becomes known to the mother side of the girl they want to carry their daughter back to their home till delivery and even for some time beyond.They knew you shall not allow her to go to her mother,they lied.You should have visited there instead you slapped notices that too by a lawyer.In turn they acted in defence.The way to deal any problem in marital life is to first scrutinize the facts personally then to take personal efforts for solution then to share with parents and then with relatives then in social acquaintance and then law enforcing agency.Since you have opened the war showing your immaturity,the peaceful solution initiative is also required to be first led on your part.
Devajyoti Barman
(Expert) 29 December 2011
If your wife is willing to come back then you should take this opportunity.
Her statements before the Police and then in the court would make the case dismissed.
For the sake of reunion any remote chance of risk is always worth taking.
