498a
Justice seeker
(Querist) 17 June 2014
This query is : Resolved
Hi,
My husband has sent me a notice from advocate to join his society in 7 days just after he came to know i have filed an FIR (498A) against him and his family members. The arrest is yet to happen but the SI of police has been delaying arrest for a month now.
Please suggest how i should be reacting in this situation. I wish to recover all my dowry amount and the mortage amount ( which my husband did) before I separate from him .
My husband Saleem gave up his job since marriage till date and is a living parasite.
Also, please suggest me some good lawyers i can contact here in hyderabad , mehdipatnam city.
Thanking you in advance.
Justice seeker
(Querist) 17 June 2014
An early response would be much appreciated
Justice seeker
(Querist) 18 June 2014
Hi All,
I looking for some expert advise. An early response would be much appreciated.
Devajyoti Barman
(Expert) 18 June 2014
You are not bound to join his company and your refusal to do so does not harm your case.
A woman is not expected to stay with her husband is she is subjected to tortures as alleged by her.
Rajendra K Goyal
(Expert) 18 June 2014
Reply the notice through your lawyer. You can not be forced to live with your husband.
Sankaranarayanan
(Expert) 18 June 2014
First reply to the notice and find the lawyer from LCi itself
malipeddi jaggarao
(Expert) 18 June 2014
Are you sure that FIR is registered. If so, impress upon the SI for the action. In any case, you give reply to your husband through advocate that you are not interested to live with him and you have already filed FIR.
R.K Nanda
(Expert) 18 June 2014
agree with experts.
ajay sethi
(Expert) 18 June 2014
in your reply to notice mention that on account of torture that you had to undergo in matrimonial home you have filed FIR in 498A case against him . you do not wish to stay with him . request him to return your streedhan( dowry) lying in his possession
Justice seeker
(Querist) 18 June 2014
Thank experts for your quick reply.
@malipeddi jaggarao :Sir, I have filed the FIR three weeks ago and since then pressing on the police to arrest the convicts. But I do not understand , the SI always replies to me in a very polite tone that he is overburdened with his duties and shall definitely find time to arrest . I follow-up with him every day either via telephone call or visit to the station. The SI postpones it each time.
Is the police delaying arrest deliberately, buying time for my husband?
Even the C.I. is so lethargic.
One point that I would like to bring to your knowledge is that,I have field the FIR in the nearest police station in Hyderabad. but my husband flee to his sister's house in Kazipet, warangal( 158 Kms away from hyderabad). Is the police too lazy to travel to warangal and thereby postponing the action? Do I have to incur travel charges?
Justice seeker
(Querist) 18 June 2014
@Rajendra K Goyal : Sir, I haven't hired a lawyer yet because I was told that once the arrest is done, the case would be written to the nearest court of jurisdiction and a PP would handle the case for me. I wouldn't have to bear a single penny. Hence I waited , for a month and a half now.
Justice seeker
(Querist) 18 June 2014
@ajay sethi : Sir, my husband and his family ate away all my dowry amount and are playing the pretending game. They are playing the blame game, blaming each other that "I did not do anything with the money. I gave it to so on ..." . Or they are simply denying that they have taken the dowry.
Even if I prove by all means that they have extorted money from me, they now say that they very very poor and cannot repay.
I hope you all have now understood that they want to get rid of me with out having to pay back.
Well, although they are not well-to-do family, I want to know if I can actually occupy the house in which my in-laws are currently residing - my eldest sister-in-law's house.
I have forgone a fortune just to make this marriage work. And now that it has reached a "no-go" situation, I want to regain all that I lost (or invested). All I see is that house of my husband's sister.
Else, let me know how else can I pressurize my husband to give me back MY MONEY.
I am so good that Iam not even demanding penalty(alimony). Should I do so, they all would be committing suicide.
Justice seeker
(Querist) 18 June 2014
Let me know if you want me to attach the copy of the notice sent by my husband. ALso , would you like to have a look at the FIR
Justice seeker
(Querist) 19 June 2014
Ultimately, the police have arrested my husband and his brothers today.
I am looking forward for some expert advise my queries above.
Justice seeker
(Querist) 19 June 2014
Sir, my husband refuses that he ever tortured me . Also, he denies that he has taken dowry .
Although, he is arrested, how can I recover my loss? My husband doesnot not have any property behind nor is he working.
All I know is that he has hid all the dowry money and enjoying now
T. Kalaiselvan, Advocate
(Expert) 21 June 2014
If you know where he has hidden your properties, you can very well inform the police during investigation about the same and seek their help to retrieve your property.
Justice seeker
(Querist) 23 June 2014
Hi,
I have now clue where he hid the money. He even refutes dowry claim.
Can I claim his sister's house as she is the one who took the cash of five lakhs dowry and negotiated.?
malipeddi jaggarao
(Expert) 23 June 2014
You do not have any claim against his sister though she negotiated the purported dowry. It is very difficult to prove that she has taken the dowry on behalf of her brother.
Justice seeker
(Querist) 24 June 2014
Sir, I have live witness to prove. Will I be able to claim the property if I successfully proved that my sister-in-law and her husband negotiated AND took the money?
That is not it, she even demanded gold rings to be presented to her and the rest of the sisters up on successful marriage?
At the moment, my husband is pretending as if he is very poor and has no money.
It is rather difficult for me to prove that he is still enjoying the hidden money, than proving that my sister-in-law took the money.
Please advise.
Devajyoti Barman
(Expert) 25 June 2014
If you prove payment of dowry the court would punish them for it but would get back this for you in 498A, 406 IPC case.
Justice seeker
(Querist) 25 June 2014
Thanx Barman sir, I will ask my lawyer to file 498A, 406 IPC case as suggested by you.
I would like to leave this thread open so I can ask more questions as the case proceeds. Hope it is fine with you all.
Justice seeker
(Querist) 31 July 2014
HI All,
Unfortunately, my issue is not resolved yet. The Police arrested only my husband and not my in-laws stating that they live in a different city and the harassment could not have taken place.
Moreover, my husband got conditional bail. I have asked the police to file the charge-sheet. but that always insist my on compromising saying that i will take 2 yrs for the file to move to court. I do not understand.
Justice seeker
(Querist) 31 July 2014
HI All,
Unfortunately, my issue is not resolved yet. The Police arrested only my husband and not my in-laws stating that they live in a different city and the harassment could not have taken place.
Moreover, my husband got conditional bail. I have asked the police to file the charge-sheet. but they always insist me on compromising saying that it will take 2 yrs for the file to move to court. I do not understand.
Devajyoti Barman
(Expert) 31 July 2014
Making compromise would be your sole decision. Since your in laws stay in different city, police is unlikely to make arrest.
If you aggrieved by the investigation done by the police, you can apply for re-investigation.
Justice seeker
(Querist) 31 July 2014
Thank you Mr.Barman for the swift response. How do I apply for re-investigation? What is the procedure?
Also, please suggest me more on the 'compromise' part. I do wish to recover all my money back and ofcourse claim Damage. Please let me know what all do i have to bring-forth during compromisation.
My husband and his family lied to me at the time of marriage stating that he is B.com graduate. After an year of marriage, I found out that he is only 10th pass. My husband admits this offline but not before legal.
T. Kalaiselvan, Advocate
(Expert) 31 July 2014
Consult your lawyer and discuss about the re-investigation issue, he will guide you about this and also about your further queries. The compromise aspect will be fact based, so sit with your lawyer and work out the strategy and proceed further as per his advise.
Devajyoti Barman
(Expert) 31 July 2014
Detailing a compromise petition/document is a tedious job which can not be advised online.
Justice seeker
(Querist) 09 March 2018
Unfortunately, my husband and his relatives have been acquitted after 15 months in the 498A case.......
