After one year, I had my first hearing in the court today where i got my chargesheet .All the charges are false like asking money,mental & physical torture by my parents ,not having s*x etc...
Ans: Next your charges will be framed. This will happen after 6 months - One year time approximately
All allegations are generally false. You have to read the charge sheet and see if the charges fall under the umbrella of 498A. They cannot simply mention physical and mental torture by my husband and relatives, This is a very vague allegation. What she considers as mental torture may not be considered as mental torture as mentioned in 498a. Not having s*x does not consititute 498a at all. That is why I say, go through the charge sheet and talk to a good and reliable lawyer.
They simply cannot say that my husband asked for money, IF the husband needs money for some serious/genuine reasons, it is the duty of the wife to support the husband. It does not constitute dowry. For dowry the money asked should be in "CONSIDERATION" for the marrige..
What should I do next to defend my case? eg : any counter case which i can do?
After going through the charge sheet and taking to a lawyer, if you feel that the charges do not constitute 498a or you have solid proof that the allegations are false, you can file an appliation u/s 239 of CrPC and raise objections before charge. This application, if dismissed by the lower court can be challegnged in Higher Courts.
Counter cases can be filed only after the evidences of the witnesses are done. Till that time, a lot of things will change. Have patience.
When will the next hearing be taking place? will it be soon or how much more time? i am loosing my important time in life so exactly in wat duration this case would get over? any rough idea
These cases may take a lot to time. SO dont worry. Keep moving. Noting will happen to you now.
I had applied for returning of my passport from court but the court rejected my application? what should i do? one of the charge was i would leave her and settle in abroad so may be thats why?
The court cannot keep your pasport. Challenge the application in HC
I am planning to change my job soon. As in new job they will ask me if i have any criminal or case pending? what should i answer.
Private companies do not ask. You clearly say that I am having matrimonial disputes.
Yes, if you go like "phata hua kapda" and like a "bhikari"..dirty and not shaven.and with a very dull and sad face...they will reject you for this reason and not because you are having cases against you.
the gals parents were present in the court even if they were not called? is there any strategy involved? also i feel judge was bought by them coz he was smiling when i was defending myself and there was romours too?
The same is in my case, they come even when they are not called. They come to see how pathetic you look. They are happy to see that you look like a bhikari. unshaven, full faced all scared....NOW YOU KNOW WHAT TO DO...they have no business now in the court...they just come to see you cry...
If you go like a hero in the court, his smile will vanish. trust me on this.
Be active, talk to the judge, talk to the public prosecutor and be free in the court. The fear should be theirs and not yours, because, you have already faced the worsed, but they have not...once you face fear it goes...
kindly help me please. I am really sad and depressed about this. Also i am sad for people who have gone through all this..But i am really very young and i have ambition to make great career and life.
We all are young and have ambitions. Dont worry. Even if you loose ten years..nothing will happen..you can still become someone like..Bill Gats and steve jobs...Keep moving..
Gautam