Regarding 498a and 3and 4dp act
Prabhu Yesu
(Querist) 29 August 2013
This query is : Resolved
Hi Sirs,
I require your guidance on the following.
During my marriage , because the cost of the marriage will be high in Hyderabad , the elders have decided that the cost will be divided 50:50 ratio.
They have deposited the amount 2 days prior to my marriage date into my bank account . But when the total cost of the marriage was within our tolerable limit , our family members decided to give back the amount to them and hence i called her father to come and get the money back as we wanted to bear the whole cost of the marriage.
But his father stated that her daughter does not have the bank account in hyderabad and as she was new to the place ,requested me to keep the amount as streedanam and from that day onwards i have returned back the atm card and passbook to her and stopped using my account.
These guys have filed a 498A and 3and 4DP act and the main allegations that they are pointing at is that they have deposited the amount as dowry to my bank account and they have also produced the bank receipt of the deposit .Till now the amount was never used and is in the bank itself.
How can i come out of this situation.The biggest problem that i am facing is that i am not able to get a good believable lawyer who can suggest me on how to proceed.
I have hiered a lawyer to handle the maintainance case , though i submitted my job removal certificates etc, this lawyer did not produced those certificates to the court at all and the judgement was made to give 20k/m even when my salary is less than 8k even after working for 8 year.That job was also removed by them.
Now there is another lawyer whom we have engaged for divorce case but what we have told he did not write at all , regarding this amount that was deposited , he did not write the way we narrated and simply wrote as the amount was given as streedanam, When question , he started attacking me and my family members and he took lot of money by cheating us , close to 3lk and did nothing.We changed divorce lawyer but can i change the version of what he has written and filed , I wanted to file a revised petition , is that possible.
How can i come out of that false allegations of dowry.
please suggest me what to do, no idea where i will land but require your support to live in this land. Lost all jobs , got ruined completely.
Please help me.
ajay sethi
(Expert) 30 August 2013
1) if you are earning Rs 8,000 per month then order passed to pay Rs 20,000 is not sustainable . the problem is your salary certificates are not on record .
2)you can go in appeal against the impugned order place documentary evidence on record regarding your income .
3) as far as amount of Rs 2lakhs is concerned take the plea that it was for marriage expenses . it was decided to share expenses equally and hence cheque of rs 2 lakhs was deposited in your account . furnish proof of the marriage expenses .
4)it is necessary to go through written replies filed by your lawyers to advise further .
Rajendra K Goyal
(Expert) 30 August 2013
For maintenance you may go for appeal. In absence of your salary certificate it would be difficult for you.
You should contact a local lawyer with all the documents
Prabhu Yesu
(Querist) 01 September 2013
Hi,
I have already contacted the local lawyer and he now says that nothing can be done as the judgement has been given.
He further says us to go for appeal in the high court.
I have submitted all the documents to the local lawyer but he now says that he did not submit it to the court as it was burden of the other party to prove.
Now he says that nothing can be done.
Please help me .
If i have a video record with the lawyer and have him accept the fact of how we submmitted all the documents long back and even then he did not file them for following reason.
Will that be of some help.
Can i furnish that recorded video as proof of deceiving us.
If i go to high court , if i submit all my proof , will they accept.
Please all , kindly suggest me.
What should i be doing with the other divorce case lawyer who took 3 lakhs and deceived us and we happen to somehow record the conversation with him where he threatned us to kill.
Is there a way to get back the amount that we spent on him.
yogesh
(Expert) 01 September 2013
Please inform whtehr its final or interim order..in any case you should file the revision application before the session court under section 397 of Crpc..Since u are the main perosn husband you should concernterate oin trail and if res of the family members are also in,mplicate they can go for discharge or quashing of FIR/Chargesheet under 482 CrPC..ALL YOUR PLEAS CAN ONLY BE ENTERTAINED IN TRAIL COURT...If any lawyer has done any conduct which you think is unethical you may apparaoch to the bar council for his misconduct
Prabhu Yesu
(Querist) 01 September 2013
This is for the maintainance case.
Its a final judgement that they have given and as this is a district court , i got to know that there is no session court for this and hence we can appeal only to the high-court.
Please advice .
I know that my lawyer has deceived me and my family but if i video record and produce before the bar council , then will i be permitted to produce all my certificates in the high court.
Please advice.
yogesh
(Expert) 02 September 2013
Kindly see your are fighting case aginst the 498-A/DP and not the lawyer..and for lawyer you ahve to made complaint to the bar council..fraud committed by your lawyer is one of the ground subject to the satdisafction of the court which may remand back to the distrcit court to consider it refresh..
yes for maintenance case you may file the revsion before the High Court
