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maks (SE)     27 August 2012

498a 506 dpa-3 & 4

Hi, I am a s/w professionsal working in b'lore, married in march 2012. There are some issues at the time of wedding because of the people from bride(wife) side, hence marriage delayed for half-n-hour, after marriage every one left including her parents. My life with wife started:
Day 1: we had some pooja(vratham) kinda sessions at our home, every one is tired and slept early. no issues.
Day 2: my father-in-law(RMP doc) came to my home and took us to their village for nuptials. we went along with him
Day 3: no issues at their home
Day 4: my father-in-law called my father over phone and told him to take us(me and my wife) to our house at Hyd other wise he will not send us.
Day 5: The moment my father came father-in-law started arguing with him and gathered villagers. finally me and my father cnvinced him and bl**dy villagers and left that place with my wife and two elder sisters of her mother.
Day 6, Day 7 at my home under monitoring of two old woman.
Day 8: two old woman went to their villages.
Day 9: no issues
Day 10: my wife started saying home sick, and want to see her mother.
Day 11: went to their native, visited their relatives, and gifted them some samsung basic phones(2 no).
Day 12: visited a famous temple
Day 13: came back to my home town.
Day 14 & Day 15 no issues.
Day 16: her brother and brother-in-law came to my home and took her to their native(As it is a planned thing that I'll go to my job on 16th day and she will go to her village. I'll take a house at my working place she will join me ASAP). Every thing is happy.
After 4 days i took home at my working place and informed my father-in-law, and he started  objecting it on saying that it is not possible now, we are not free, baby is not feeling well, some bla bla things, But she is fine, every day talking to me over phone.
when i raised this topic with my wife, she started escaping on saying that check with my father i dnt knw any thing. it went for 3 weeks, finally they said my parents should come to their home and apologize them or should not come and stay at my working place with us and also started threatening me that he had contacts with naxalites, home minister, advocates in high court, and will go to media.  if this cndition is ok then they will come. i rejected first condition and  spoke to my parents about second, they agreed for this. same message i passed to my father-in-law. he agreed in first to send my wife, the next day when i called him he started escaping and not lifting my phones. finally after couple of days i got him over phone, he again started the same story that my parent should come to their home an apologize them, i spoke to him for 40 mins and tried to convince him, but couldnot(i recorded this conversation).
i cancelled house rented, and took advance back with loss of 1.5 month rent. a month later i discussed  this with my elders, they agreed to come and compromise the issue. when we went their home, by that time itself he gathered almost 30 goons and some woman - fully drunken, and you can expect the things happened there.
with help of some elders we escaped from there and reached our home. no police complaint given because some elders suggested that they may calm down and sent my wife for marital life.
after couple of days we got calls from the police of my wife native stating that a case was registered. my father, my brother-in-law, and some elders went to PS. even infront of PS also they(father-in-law & co) created same scene with help of some goons/rowdys. this time my brother-in-law is the victim. Before PS itself my father-in-law started business, demanding that he want his daughter as fresh as before marriage or my parents should pay 50Laksh fine for spoiling his daughter lilfe. and SI took no action against them, and even rejeccted to take complaint against them. My father expressed his inability for both. finally SI allowed my elders to come again to PS with A1, and sent all with a constable as an escort. 
couple of days later i went to PS with a lawyer, my luck, SI is out of station that day, and ASI is incharge and said there is no complaint even on me, just go off from the place ASAP. i called my fatherr-in-law to come PS for compromising, but he did not.
my father in law started giving summer offers and exclusive doscounts to me to break the relation and settledown the issue for 45L in 1st week,
40L 2nd week,
35L 3rd week,
30L in 4th week
25L in 5th week 1st day.
mean while I sent a notice under ROC rights, and a complaint to SP(a copy in my local PS) of our native stating all the things happened.
and other side i am facing some different issues like
- some one calls me to take my wife to marital life other wise he will kill me
- some one send mail saying "on behalf of your wife" take your wife to marital life.
- some one calls my friend mobile and says wants to talk with me, when im on phone says that "your father-in-law given a contract for 2L to kill you", this fellow had no conditions like taking my wife to marital life or to settle down the issue.
- some one sends mails to my CEO office stating as i am harrassing my wife for divorce..... for this i was questioned by my HR head.
and now bargaining business came to 15L.
I said "i am ready face the case, i can not give money".
They attended in court to answer the notice which i sent, court has postponed it to next month, mean while as expected they registered a case against me under Sec 498A, 506, DPA 3 & 4.
complaint states that at the time of marriage they had given huge amount 20L as dowry and 150g of gold. and after once month i, my mother, father,brother,  sister, and brother-in-law are harrassing her, sent her away from home forcibly  to bring 20L dowry amount additionally.
Now I would like to know that being as A1 can i get anticipatory bail.(my lawyer is working on that now)
I do not have any political or influential background, can i win finally.
How long it will take to deliver the justice.
the thing i worried most about is that these cases will eat time(years), and heard that they will file few more cases against me.
will it effect my job? if so how?
now itself they are ready to settle down the issue for 15 lakhs.
for a life of 16 days with her should i pay it, a lakh for a day? i am not that rich to pay.

Is it correct thing registering a case without counselling? (SI never provided an atmosphere for counselling infact most of the times he called my brother-in-law to settlement).



Learning

 5 Replies

Aadil (Sales Manager)     27 August 2012

 

If someone comes into your life and has a positive impact on you, but for some reason they can’t stay, be thankful that your paths crossed and that they somehow made you happy, even if it was just for a short while. Life is change. People really do come and go. Some come back, some don’t, and that’s okay. And just because one person leaves, doesn’t mean you should forget about everyone else who’s still standing by your side. Continue to appreciate what you have, and smile about the memories....so never ever compromise be happy and confident its life and take care of ur Parents and get all out on bails, and if u are from Hyderabad then do reply with email and contact no. into my P.M.

Rest God's Wish...don't fear and do not panic in this situation have patience and concentrate in ur work and life...

                

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     27 August 2012

Dear Querist, 

 

1. Do not be bogged down by their extortionate tactics. Once you get AB which you should the worst would already be over. After that you can contemplate going in for a quashing/discharge. 

2. See this is all a battle of wits, whoever loses patience first looses, in order to make them lose their patience you'd have to turn offensive sooner or later, offence is the only defence. Since they are claiming they have given so much of dowry etc. Why don't you start with a TAX EVASION PETITION - would your father in law be able to justify that - via his known sources of income - follow up your TEP with RTI's - this should set them right. 

3. On more ways to fight this out - read : https://bharatchugh.wordpress.com/2012/07/07/how-to-fight-a-false-498a-case-in-india-a-step-by-step-legal-strategy/

 

Regards,


Adv. Bharat Chugh

Sudhir Kumar, Advocate (Advocate)     27 August 2012

could it be simple

maks (SE)     27 August 2012

thanks for quick reply, but my doubts are still unclear.

I would like to know that being as A1 can i get anticipatory bail.
How long it will take to deliver the justice.
The thing i worried most about is that these cases will eat time(years), and heard that opponent party will file few more cases against me. what are those, and how to prepare for these cases.
will it effect my job? if so how?
Is it correct thing registering a case without counselling? (SI never provided an atmosphere for counselling infact most of the times he called my brother-in-law to settlement).

Sudhir Kumar, Advocate (Advocate)     28 August 2012

You questions are attempted as under :-

 

I would like to know that being as A1 can i get anticipatory bail.

            Ans : Yes you can try

 

How long it will take to deliver the justice.

 

 

            Ans : You may be knowing the speed of court cases in India

 


The thing i worried most about is that these cases will eat time(years),

 

 

            Ans : Yes

 

and heard that opponent party will file few more cases against me. what are those, 

 

 

            Ans : Only they can tell

 

 

and how to prepare for these cases.

 

 

            Ans : Nature of  cases can dictate so


will it effect my job? if so how?

 

 

            Ans : If you are govt employee then you will be deemed suspended on completion of 48 hours of custody. Deptt can revoke it or you can get subsistence allowance during period of case without any promotion etc.

 

            If you are private employee they may not allow time to you to attend frequent court dates.

 


Is it correct thing registering a case without counseling?

 

 

            Ans : If you feel you are amenable to counseling you can still try.  Criminal law does not literally required any such effort before registering a case.  It is discretion of the complainant.

 


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