Legal advice required on our case 498a,506b under dp act
IK
(Querist) 09 May 2012
This query is : Resolved
To
Advocate.
Dear Sir,
I am Mr. Khan residing at Bangalore City and respectful citizen of India. I have some queries and require a legal advice from you. It would be highly appreciated in this regards.
Matter:
The Boy (Muslim) was student in 12th std in a boy’s college and very popular sportsman in the college. His birth year is 1984. In the year 2003/04, the boy (Muslim) used to go to tuitions for 12th Science Subjects. In the tuition, a Girl (Hindu) had became friend with him. Even she was coming for 12th std tuition but from other college.
The Boy family background is good. His father is well respected Educationist, local Politician and Mother is also Professor. They resided in a good area in Bangalore.
The Girl family background is not good. His father is a Mestri (Contractor) and Mother is Housewife cum Dancer. They resided in very bad area in Bangalore were people mentally and quality of living is not good & famous for dirty things.
During there tuitions, her friends used to meet the boy’s friends and the same way this Muslim Boy and Hindu Girl became friends.
The Hindu Girl came to know about the Boy’s family status, he used to go in Car and bike. Firstly the Boy tried to avoid, but off sudden many times she used to come to Boy with flattering talks and emotion and ask the boy to help her.
Once, she told to him that her father use to beat and hit her always. We came to know because of the girl character her dad use to beat her.
She started asking financial help, like some money with the Muslim Boy. He gave some money without knowing his parents. Once he tried to avoid, but again and again with flattering talks she used to approach him.
Then this relation went further on, she started telling that she is in love with Muslim Boy. Then, she was always trying to woo and attract him.
One day, she told that she cannot stay away from him. So she told that they shall runaway from their houses.
The Boy was also became emotional with her. So, one day they ran away from their homes. Now, she forced the Muslim Boy to marry her. Firstly the Boy got scared and avoid but she pressurized saying everything she and her friends has arrange. The boy was in dilemma.
She took him to one Sri Ganesha Temple in the outskirts of the city and made some rituals and also she told to the Priest that Muslim Boy name is Rajesh(Hindu Name). But the Boy has not changed is Name legally. They taken photo of the pooja and both of them standing together. Some 8 photos have been taken. Then, the boy was afraid. They went back to their homes without informing anything to their parents.
Later on, the Hindu Girl started blackmailing him to run away from their homes. She told him to get money. He used to give her some money he gets from monthly pocket money.
Unbearable she forced the Boy to take a separate home for her. Because her father always beats her. So, he paid some money to her. She taken a Room in her Name.
Then she told that she is not able to stay without him or else she shall trouble him and told that she will trouble his younger brother. Now the Boy got scared to inform the parents. So, he ran away from his home. He taken a bike on loan, and use to work in telecom marketing office. His opened Bank account for his salary purpose. He discontinued his studies.
Now the Boy’s parents came to know all abouts. They tried to convince but because of pressure from her, the boy was afraid to get rid.
But the Girl’s Mother use to go to her rented home and was trying to give trouble to the Boy. Also she use to make plans to give trouble to his parents and sweet brother. The girl use to fight continuously with him.
But after sometime, the Boy realize that he is not going in proper direction and there is nothing to get afraid of anybody. So, he decided finally and rejoin with his parents. And after this there is no communication with anyone.
This is how it happened.
The Boy never made contact with her again. He told to his parents that he want to studies further in abroad. So, they sent him for studies.
Now the Case,
1. After longtime, Once the Girl and her Mother called the boy’s father and demanded money. The boy’s father immediately given a police complaint in local police station.
2. Also once she and with someone came to our office and demanded money. Again we given a complaint in the local police station of our office area.
3. Then, She given a complaint stating that the Boy use to hit her and the Boy’s Father, Mother and younger Brother(of 16 years) use to threatened her for Dowry and life threaten.
3. She made a complaint addressing to Police Commissioner and it was forwarded to police jurisdiction where our Office was located. A police constable came & met the boy’s father and he came to know the facts about these incidents.
4. But suddenly, they Registered a Complaint in the other Police station where her parents resided. Not the area where she was living, the address of the girl in complaint doesn’t belong to that police jurisdiction but it belongs to her parents home locality. The Police without investigating registered the FIR. Now they put pressure on the police to arrest the Parents. The boy’s parents taken Bail and was attending the Court.
5. The Police have registered as 498A, 506B under DP Act in year 2006.
They have mentioned some witnesses like her mother, brother, some unknown persons also for creating the complaint.
6. In starting complaint she puts her name Bhavani alias Tahseen (Muslim name). It looks like she got converted to Muslim. Its confused
7. The Boy’s Name as Imran alias Rajesh (Hindu name). Its looks like the boy converted to hindu. Its confused. [Anyone must convert the religion legally to get married, not inter-change].
8. They Boy didn’t legally converted his religion at all. Even the Girl didn’t legally converted her religion. No Proof of conversion.
9. She stated they are married as per Hindu Rituals. Photos in Temple taken. But No Proof of Marriage Certificate or affidavit or any legal document issued from the government or court authority.
10. The Age of Boy was 18 years and the Age of Girl was 18 year also. But as per the legal age to married the Boy must be 21 years.
11. But the Police registered as Dowry only seeing the photos.
The materials the Girl is having is:
a) Photos taken in the Temple
b) Photos taken outside.
c) Bank Passbook of the Boy with his Original muslim name
d) Bike loan paper of the Boy with his Original muslim name
e) Rental Agreement but in the Girl’s name.
To the Court, She only submitted the Photos taken in the Temple not others.
Now, I have given all the facts and details about the incident.
1. Its inter-religion.
2. No marriage documents.
3. She never lived at Boy’s parents house.
4. Change of Name.
5. Complaint Registered in the other Police station where her parents resided. Not the area where she was living, the address of the girl in complaint doesn’t belong to that police jurisdiction but it belongs to her parents home locality.
6. Never the parents asked for anything.
7. Little different from the first complaint to police commissioner.
8. No religious conversion taken place on both sides.
* * * * * * * * * * * * * * * * *
Kindly provide your legal opinion with this regards.
(i) Can this case stand valid?
(ii) On what ground can this case will be remove or invalid?
(iii) What are the terms, this case can be invalid?
(iv) Are they any judgements or citations. Please provide.
Sir, this is a sincere request with your kindness. Please help us with the above details.
Thank You
ajay sethi
(Expert) 09 May 2012
in the present case girl has never resided with boy parents . from begining girl has stayed separate from her in laws .
marriage has taken place without knowledge of parents . in long story you have not mentioned when the boy left her for studies . if it has been some years back obviously this is a pressure tactics . move high court for quashing
Adv.R.P.Chugh
(Expert) 09 May 2012
Dear Colleague,
Having read the facts I have the following to opine :-
1. Without boy converting to Hinduism - the marriage in Temple is non est - Two people from different religions can marry only under SMA.
2. The fact that boy was younger is of no consequence - marriage of minor is merely voidable not void - however in light of 1 it is of no consequence.
3. Go in for quashing u/s 482 of the CrPC - on the basis that 498a uses the term "wife"... "husband or his relatives" there is no wife husband here in light of 1. Though the other party may try resist it in light of a Supreme Court decision in 2006 and by saying that 498a is a beneficial provision ought to interpreted liberally, you can resist the same by arguing that being a penal statute it requires strict construction.
Also aruge on the merits of it in light of established principles of quashing laid down in M/Z Zandu Pharmaceuticals v. Md.Sharaful Haque (2005 I believe)
PARTHA P BORBORA
(Expert) 09 May 2012
she can file the case from her fathers house if at present or she usualy resides at her parents residence. It has no effect in a criminal cas u/s 498 a on the ground that the marriage is voiadable one. Her status nd financial condition in not relivent too. Intercast marriage and non conversion is not acceptable as defence in your case. So, consult with a local criminal lawyer Soon.
SAINATH DEVALLA
(Expert) 09 May 2012
If the boy was a minor and the girl a major,you had the option to file a case of forcible abuction and kidnapping.As per the analysis of the above experts 498A or DV ACt have no bearing.
V R SHROFF
(Expert) 09 May 2012
Only problem is "Live -in-relationship" also attract DV act,
and it was LIR
Shonee Kapoor
(Expert) 09 May 2012
Here the problem is that there was a ceremony performed and the name was mentioned as Rajesh.
Now it is a question of fact and not law.
If the marriage is shown legal the cases stand.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Namitabh Kothari (9930992660)
(Expert) 11 May 2012
1) FILE A CRIMINAL CASE AGAINST THE GIRL FOR CHEATING AND FRAUDULENTLY AND FORCIBLY MARRYING AGAINST YOUR FREE WILL AND WISH AND UNDER PRESSURE !
2) FILE A CIVIL CASE FOR DECLARATION THAT THERE WAS NO MARRIAGE AS THE MARRIAGE WAS BY CHEATING AND FRAUD AND FORCIBLE MARRIAGE UNDER EMOTIONAL BLACKMAIL AND PRESSURE (BASED ON THE CRIMINAL COMPLAINT AND ORDER)!
3) FILE ANOTHER CIVIL CASE FOR RECOVERY OF MONEY AND ALL OTHER ARTICLES !
REGARDS
NAMITABH KOTHARI
9930992660
IK
(Querist) 17 May 2012
Sincere Thanks to all the Legal Experts.
To: Mr.Bharat Chugh, Mr.Sainath Devalla, Mr.Ajay Sethi, Mr.Namitabh Kothari.
I am extending my regards to all for providing your feedback in this matter.
Also, Can i get some citations or any legal references for this matter. Kindly provide the same. Thank you.
Sudhir Kumar, Advocate
(Expert) 27 March 2013
Multiple queries on following threads
http://www.lawyersclubindia.com/experts/Required-point-wise-legal-advises-on-498a-506b-304251.asp#.UVJcpTchHfM
http://www.lawyersclubindia.com/experts/Legal-advice-required-on-our-case-498a-506b-under-dp-act-303816.asp#.UVJcyzchHfM
http://www.lawyersclubindia.com/experts/Citations-Judgements-stating-Inter-Religion-Marriages-are-Invalid-351376.asp#.UVJc4DchHfM
http://www.lawyersclubindia.com/experts/-Citations-Judgements-stating-Inter-Religion-Marriage-are-Invalid-351626.asp#.UVJdCjchHfM
http://www.lawyersclubindia.com/experts/Provide-the-judgements-citations-saying-that-marriages-between-different-religions-are-invalid-352021.asp#.UVJdHzchHfM
http://www.lawyersclubindia.com/experts/Provide-the-judgements-citations-saying-that-marriages-between-different-religions-are-invalid-352026.asp#.UVJdNDchHfM
http://www.lawyersclubindia.com/forum/Citation-jugdements-and-dismiss-quash-these-petitions-73112.asp#.UVJdWjchHfM
http://www.lawyersclubindia.com/experts/Dismiss-the-Petitions-378201.asp#.UVJdbjchHfM
http://www.lawyersclubindia.com/experts/Close-Dismiss-498a-Case-Procedure-As-Marriage-is-Not-Valid-381136.asp#.UVJdmDchHfM
You have been advised well and repeated query does not change law.
Do not take viva of experts.
