LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

praveen (Electrical Engineer)     25 June 2014

498 a/dvc

Sir/Madam,

1.      I got arranged married last year Aug-23-2013, in the evening of the marriage day she has directly said to me that she want some time to commit with me i.e. 2-1/2 year time, till the time she want to live a friendship relation, when I asked her why you want to be like a friend, for that she replied me that just she want to understand about me and my family during this time she did not want any physical relationship with her

2.     In the evening of the marriage day, she asked me she is very interested to learn anchoring (Tv serial acting) course, for that I asked her to bring a written  letter from her parents that they are accepting her request to join her in a anchoring course

3. Finally I asked her what is the problem with her, she said to me that is she not interested in marriage her parents has forcefully did the marriage, she requesting me that to talk to her parents that I am not interested myself in this marriage,

4. I called her parents to home after 5 days of marriage, she lived at my home only  for three days i.e 23 night, 25, night, 26, and 27 28, during this time i got to know that she is taking sleeping tablets night time.

5. when i called her parents and explained about all the situation what is happening with her, at that her parents has tried to explain my parents that she is a good, nothing has happened to her, they do not know why she is doing like this? when I said to her father that is taking pills, for that he answered me it is a thyroid problem, nothing to worry, everything will be fine, and they took her with them on 29th aug

Finally, myself and my parents went to there house for a visit after few days, they said that she is not showing any interest to come for the family relationship, even their relatives are present at that time, they are shouting at us and we explained what has happened from the beginning after the marriage.

6. Final one day after 4 days her parents came with their relatives and some other society members to my home, and asked me that what is my opinion, for that I said because of your daughter is not interested to continue the relationship, further I can't continue the relation with her.

7. For this, they asked us to give mutual consent divorce, we have accepted, one day they fixed date to take the MCD, after filling the application, suddenly her father demanded my parents to give 15 lakhs to sign the MCD document, we did not accepted, because we did not even took $1 from them, we are confused on this why there are doing all this

But, finally one day after 10 days police has come to my home to arrest me, when we asked police what has happened, they have arrest warrant with them, my wife has complained on me, parents and brother and sister

A1 is myself, they remanded me in jail for 10 days, I am out of jail now, even my parents got anticipatory bail, from 10 months we are attending for the court dates, suddenly again  they filed a "DVC maintenance case on me and parents and sister and brother, claiming for 60,00000 rupees, and monthly maintenance for 30,000 thousand Rupees

we do not know why my FOL family is doing like this, because of their daughter fault we (my family) are suffering a lot

Evidence:

1. I have a complete audio evidence from the beginning of the day one, which my wife has said to me and family members

2. Is this evidence admissible in the court, how to submit to the court that I am having this evidence (Audio voice between me and wife with her parents)

3. During the DVC/498A case whom to tell that I am having this evidence, I already hired a lawyer, but I am not going to trust anybody in this case, I need experts advice what to do at this stage

4. when to submit audio evidence, how to submit it, during this case can I get any change to speak out with judge, I am very fedup with this law and all false allegations filed by wife

Brief discussion on myself:

I used to work in MNC USA, I was there for 6 years, because of marriage I came back to INDIA, Police seized my passport, I got struck here, I lost my job, no job for last 12 months

Please help us

Thanking you in anticipation

 

 

 

 

 

 

 



Learning

 46 Replies

ramakrishna (sra)     25 June 2014

Hi, Almost the same situation like u said. I got married a girl on may 1 before marriage she spoke to me very well. After marriage got over she suddenly behaving lake stranger and before first night she asked for time till we reach my home. After reaching my home i touched her, suddenly she took a knife and tried to kill herself. I was totally shock with that and informed to my parents. When we ask her parents they said bcoz of fear she is doing like this, they convinced and took both of us to their home. There also her behaviour was same and I told to her parents strongly. After I came to know they scolded and beaten her and sent to me she acted for the time being as she is normal and moved closely but not allowing for together. After two days we both came to my home and I left her at home went to chennai for my job. Next day she took my mom and went to city for doctor check up and escaped from bus stand. We filed a missing case and with police help I searched and found her in hyd. I brought to station and they took statement from her and sent her along with her parents on 30th. After 15 days they took her to hospital in vijayawada, from there she again escaped.

Now we r trying her parents, they are saying let my daughter come first then they want to discuss.

Kindly advice me how to proceed further in this sittuation. At first escaping time she sent a mail to me saying not interested on me and wants to join in nun and she will come back to her home only once I will marry another one.

suman negi (none)     25 June 2014

Write dialogues of audio recordings. These can be submitted in court.
1 Like

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     25 June 2014

Dear all,

 

THE INDIAN EVIDENCE ACT, 1872 has been modified and electronic evidences are also valid evidence as per this act.

 

Please file FIR against wife and in-laws u/s : -

 

120 IPC Concealing design to commit offence punishable with impris­onment.

120B IPC Punishment of criminal conspiracy

120A IPC Definition of criminal conspiracy

 

383 IPC. Extortion.

 

406 IPC Criminal Breach of Trust.


506 IPC. Ciminal Intimidation.


34 IPC. Common Intention of Crime.

 

In parallel please appear high court in-person and get order for speedy trial.

 

File Perjury in the same court where the trial is going on with your valid electronic evidence.

 

Also appear in High Court and file Civil Writ with Indian Evidence Act 1872, CrPC 482 with all of your points and prey for quashing and ask for your passport showing your job condition.

 

You can do these in-person(Without Advocate).

 

Please see my post for the sample petitions and other clues in the following links : -

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg


https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg


 

1 Like

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     25 June 2014

Mr. Ramakrishna,

 

Please immediately file FIR and police will state investigate on this. They will help you. Please don't make delays on this else situation will be reversed.

Laxmi Kant Joshi (Advocate )     25 June 2014

Praveen , you have to trust on your lawyer, engage an expert lawyer he can handle your case easily, you have done an excellent work to record the conversation with her it is a perfect evidence (but it should be in its original form , means you don't edit it by putting or erasing other words) and is admissible in the court as an electronic evidence u/s 65B of indian evidence act , use this evidence in your DV and 498A case , you don't go for mutual consent divorce as per to you your marriage is not consummated then file case for voidable of your marriage.

ramakrishna (sra)     25 June 2014

Hi Sathyaprakash, As she escaped from her parents house, her parents filed a missing case. As per ur suggestion whether can I give a report in my home town police station? Kindly advice. Regards, Rama krishna

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     25 June 2014

I disagree with Mr. Laxmi Kant Joshi for only "you have to trust on your lawyer" - this point.

 

Please don't trust your lawyer blindly.

 

Please be aware that Self help is the best way.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     25 June 2014

Yes,

 

whatever incident happened in your home town and what you know in good faith please make written statement and file in form of FIR in your home town police station so that the police can start investigation on this.

Laxmi Kant Joshi (Advocate )     25 June 2014

@ ramakrishna you can talk amicably to your fil in this regard that if her daughter don't want married life and wants to be a nun then why he forced her against her wish let her be a nun we must respect her decision , simultaneously informed the police by making a written application stating all facts of your marriage and escaping of her and reason of escaping , and take the receiving of the same , tell your fil you want to make your marriage void on the ground of non consummation of marriage by filing case in the family court you pl. help me for my and your daughters future if he be came agree its o.k otherwise file the case in the family court to make voidable your marriage, you have a perfect evidence with you , keep this message save and safe with you .
1 Like

Laxmi Kant Joshi (Advocate )     25 June 2014

@ ramakrishna you can talk amicably to your fil in this regard that if her daughter don't want married life and wants to be a nun then why he forced her against her wish let her be a nun we must respect her decision , simultaneously informed the police by making a written application stating all facts of your marriage and escaping of her and reason of escaping , and take the receiving of the same , tell your fil you want to make your marriage void on the ground of non consummation of marriage by filing case in the family court you pl. help me for my and your daughters future if he be came agree its o.k otherwise file the case in the family court to make voidable your marriage, you have a perfect evidence with you , keep this message save and safe with you .
1 Like

ramakrishna (sra)     25 June 2014

Thanks Lakshmi kant, As you said at every stage I am giving respect to her decision, and speaking to her parents, but her parents always trying to convince her.now we strongly decided to ask her parents what action they are going to do at this sittuation. At first time escaping I sacrifice my job and searched for her entire state and after 15 days I got her in hyd, and handed over to her parents. Suddenly one day they called me and said she again escaped. Can you plz let me know is thre any problem comes to me even she escapes from her parents. She is not staying and talking with me.

praveen (Electrical Engineer)     26 June 2014

Laxmikanth Sir,Bani sir and Suman sir, Thank you very much for your prompt reply. 1. First of all I did not said that I am having audio recordings to my lawyer, shall I tell about this 2. Till now the trial session has not been started, when is the exact time to tell my lawyer that I am having this evidence 3. Under which exact sections I can file counter cases, in DVC case magistrate has given permission to file counter next month till 18/07/2014 4. My lawyer has to prepare counter file, so shall I tell lawyer about the evidence now or do I need to update lawyer during trial time, lawyer is saying that to wait some time to file counter 5. If want to summit the submit evidence shall I handover originals to my lawyer? Or else to whom I have to submit, how to proceed on this Thanking you

praveen (Electrical Engineer)     26 June 2014

Laxmikanth Sir,Bani sir and Suman sir, Thank you very much for your prompt reply. 1. First of all I did not said that I am having audio recordings to my lawyer, shall I tell about this 2. Till now the trial session has not been started, when is the exact time to tell my lawyer that I am having this evidence 3. Under which exact sections I can file counter cases, in DVC case magistrate has given permission to file counter next month till 18/07/2014 4. My lawyer has to prepare counter file, so shall I tell lawyer about the evidence now or do I need to update lawyer during trial time, lawyer is saying that to wait some time to file counter 5. If want to summit the submit evidence shall I handover originals to my lawyer? Or else to whom I have to submit, how to proceed on this Thanking you

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     26 June 2014

Never submit any original evidences to the lawyer. Always keep a back-up of your electronic evidences in some other hard drive so that it will not be corrupted anyhow.

 

Ideally evidences should be given during evidence stage of the trial but it seems to me that your lawyer is making it prolongate the case.

 

Please go to High Court for Speedy Trial and get the order first and submit that order to the trial court. Then during the evidence stage submit those evidences in the trial court.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register