Request for expert assistance
Saurav
(Querist) 31 December 2010
This query is : Resolved
Dear Experts,
I request all of your assistance and advice for the following:
My brother who is married in the year 2005 has a kid. Due to some heated argument with my father, my sister in law was not coming to our home since 2007. All our efforts to convince her also failed. Recently she filed an FIR with the local Mahila Police station under the following sections: 498 (a), 294,506, 34 of the IPC and 4,6A of the DP act. As a reason of which my parents and my brother got arrested and convicted for 15 days. In fact we are not at all involved in any of the activities like dowry, torchure and usage of abusive languages, my parents are both retired teachers. Without investigation they got arrested and fabricated facts were published in the local news papers. After the bail, it is difficult to lead a normal life due to societal factors. Hence request all of your advice to prove our innocence and next action to be taken in this regard. Following are some of the brief particulars:
 The marriage was solemnized in the year 2005 as per Hindu Rituals
 No dowry was demanded and given except for the amount given by the bride’s side for purchase of dresses and blazer for the groom
 Not even a single time we have used any hard words
 My brother was working in Pune and due to depression; he has quit his job and unemployed for the past 6 months.
Will it be difficult for my brother to get a good job since he was convicted in jail? Are there any organizations which help the husband of any legal guidance to fight his case and prove his/his parents innocence?
Sincerely request all of you for the valuable inputs to defend our genuine case.
Regards
Veeresh Naik
(Expert) 31 December 2010
Hi,
At first don't worry at all. This is one of the best example of misuse of sec. 489A. Pl. take note that after arrest your parents were not convicted. It is called as a remand period.Now the charge-sheet will be filed against them and then trial will take place. I hope that there will be end of your problem. Subsequently, you can have valid ground for divorce. But considering the matrimonial laws in India it is more better if you compromise the matter finally. Otherwise it will become headache for your family. In my view wiseness lies in purchasing 'Peace of Mind'.
Thank U.
Guest
(Expert) 31 December 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09960223100, 09271971251
e.mail.advocatesawantnb@yahoo.com
e.mail.nandkumarbs@sify.com
MISUSE OF SECTION 498A OF INDIAN PENAL CODE,KINDLY NOTE THAT.
1.A COMPLAINT WAS FILED AGAINST FAMILY OF HUSBAND ALL WERE ARRESTED AND WERE IN JAIL FOR 15 DAYS .NOW ON BAIL.
2.THIS SEC.498A OF I.P.C.IS GREATLY MISUSED FOR SETTLING DISPUTES.HENCE AMMENDMENTS ARE EXPECTED SOON.
3.YOU MAY KINDLY BE CONFIDENT ,AND DO NOT GET WORRIED ABOUT OTHERS.YOU HAVE TO HELP YOURSELVES.
4.YOU MAY FILE A WRIT PETITION TO THE HIGH COURT FOR QUASHING FALSE COMPLAINT AGAINST YOUR BROTHER HUSBAND AND ALL OTHER FAMILY MEMBERS.AS THE CASE IS FALSE WE CAN SUCCEED.THE LOWER COURT MATTER CAN BE STAYED AND QUASHED PLEASE NOTE.
YOU MAY WRITE AND SEND DETAILS FOR FURTHER HELP.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.GOOD LUCK.
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
Ashok Yadav
(Expert) 31 December 2010
Your parents were not convicted they were in judicial custody, and now it will take time to get the case final. Fight the case with all your efforts, if u r on right side you will win at last. Mr. Naik has advised rightly
