1 more 498a, hyd.

meet Men rights activists @ ur place.. they will guide you. 

“The Supreme Court has given the correct statement that Anti-Dowry Act Section 498A is being misused. Police must first investigate cases properly, and then, make an arrest. For old aged & deceased people are exempted from the arrest after proper enquiry & seriousness of the case.

You had done right to intimate the police commissioner regarding your case , arrest and also request to prevent arrest your old aged mother and other relatives without proper investigation , according to supreme court guidelines without proper investigation done by the police in 498a case an arrest can not be made out .

Thanks. Can esteemed lawyers and members reply to questions 1- 7 please?

Thanks Ramachary and Laxmi. The damage has already been done, they remanded me for 3 days. These in human people can claim that they have done investigation, and may go on in an arresting spree. 

1. How to find if DVC is on the cards ? If Yes, what are the precautions I should take now? I don't own any property in hyderabad. I only have a small flat and a plot in interior Andhra. They were bought before marriage and we never lived there.

A. The question of property will never arise.  Your wife can at the most file for shelter (right to stay in your or your parents house) and maintenance.  She cannot claim your property rights. 

2. Will I be asked to vacate my rented flat now? 

A. Now she will not ask you to vacate, but she can ask to provide shelter as stated above.

3. How to prove that my wife is working and will RTI help to get the details. If so how?

A. You have to know by you self.  For private orgainsation RTI will not work.

4. I want to see my son. But I apprehend that my father in law might instigate my wife again to falsely allege harassment to prevent me seeing my kid. Will visitation rights from court help ? How do I protect as well as visit my son?

A. You can ask the court to get his custody.  The court takes into consideration that with whom his (child) welfare will be good and then hand over the custody to them.  If you do not get custody you will get visitation rights from the court. 

5. Chargesheet is still pending. How do I prevent arrest of my sick mother and relatives in bangalore. I have written a letter to commissioner of police in Hyderabad stating the different circulars to prevent unnecessary arrests under 498a. I will use AB as last resort.

A. According to the new Supreme Court Judge, the Police is prevented from making arrest in 498A cases without making proper enquiry.  So do  not worry about arrest.  Take anticipatory bail.  You will get easily by showing the above Supreme Court Judgement.

6. On what grounds can stay on arrest be granted for my mother and other relatives? what are the chances?

A. By showing the above SC Judgement.

7. How do I prove that Police did not follow rules when they arrested me? 

A. By showing the above judgement, you can file contempt of court case before the High Court against the police who had made the arrest without proper enquiry.

As you are of Hyderabad you can meet me personally or can contact me ravinder2345@gmail.com or 7893011777 for further details.

Dear Surya,

As you stated that relatives staying away from you have been included in the complaint then it is to be assumed that the intention of the complaint is to cause trauma & harass you.

Section 498a is a cognizable & non compoundable offence. AB should be taken for protection of your loved ones & peace of mind. Do not be under stress by being under the fear of arrest of your loved ones, protect them. This should be your first priority. Then you can go after the rest of your issues.

As far as handling of domestic cases are concerned you must have realised that cops are the most corrupt & inhumane face of the government machinery that you must have faced. The are just focused on the monetary part, hence their behavior.

Dont let your loved ones face the same trauma that you went through.

Remember this saying 'LAWS ARE MEANT FOR THOSE WHO CANNOT OVERCOME IT'

So don't be among the people who cannot over come it. Don't be a sitting duck.

Also 'YOU GO TO COURT WITH INJUSTICE & GET INJUSTICE'

Your wife went to court with a False complaint (as you say) and you got arrested. Both were injustice.

Regards,

 

Anil

contact a lawyer personally with all the documents

1. How to find if DVC is on the cards ? If Yes, what are the precautions I should take now? I don't own any property in hyderabad. I only have a small flat and a plot in interior Andhra. They were bought before marriage and we never lived there.

If DV case has been filed, you will get summons from court, so until you d not receive a notice do not bother about it, you cannot take any precautions for that.

2. Will I be asked to vacate my rented flat now? 

Who will ask you to vacate the flat?, what is the reason?  This is unnecessary fear.

3. How to prove that my wife is working and will RTI help to get the details. If so how?

You said you and your wife were working in IT majors, so you both should have common friends, try to find out the information through the sources in hand.

4. I want to see my son. But I apprehend that my father in law might instigate my wife again to falsely allege harassment to prevent me seeing my kid. Will visitation rights from court help ? How do I protect as well as visit my son?

You file a case for custody of your child before the court in which you can add an application asking for visitation rights too.

5. Chargesheet is still pending. How do I prevent arrest of my sick mother and relatives in bangalore. I have written a letter to commissioner of police in Hyderabad stating the different circulars to prevent unnecessary arrests under 498a. I will use AB as last resort.

If you have not obtained AB for your mother so far, do it atleast now to avoid hardships at a later stage.

6. On what grounds can stay on arrest be granted for my mother and other relatives? what are the chances?

You cannot obtain a stay on arrest of your mother, only AB is the solution.

7. How do I prove that Police did not follow rules when they arrested me? 

  That you have to prove only during trial of the case.

Thanks for the clarifications!

My fear on DVC 2005 is that I read as below and hence my queries as asked.

Magistrate can issue different orders such as Protection order, residence order, monetary relief, custody order or compensatory orders as per the circumstances of the case.

Will these orders be passed only if my wife proves that domestic violence has taken place? Or will they consider Prima facie statements by her as evidence?

Should I try via my counsel to talk to the public prosecutor to find why they are harassing and what they want? (I know its money)

I have already filed a divorce and asked for child visitation and I wasn't aware of 498a against me when I filed divorce. What precautions should I take.