498a and DVC - retaliation to my notice

6) Is there any chance for dismissal of the DVC Case, if I prove that this Case is - only a retaliation to my legal notice? 

Mr. Sri !  I read  your problem........It is very unfortunate that she filed a case against you U/s498A. According to this section  Any lawfully married person, along with his relatives can be prosecuted under this section if the wife of such person, suffers physically or mentally due to their criminal behaviours.

Secondly, there must be evidences which suggest that she has been subjected to cruelty by her husband and  husband's family members and such injury must  have caused damage to her physique or mental status.

Thirdly, to attract this section, she should have evidences of  harassment which has been caused by you and your family members, after her failure along with family members, to fulfill the valuable unlawful demands of yours and family members. 

Now come to the point............You did not mention, the degree of your marital relationship in detail ...just added that since the time of your marriage, she had no interest or desire to live with you and your family members. Further, did not mention the degree of  your s*xual relationship with her means is it normal or abnormal ??  You did not mention whether you and your family had received any amount or valuable item at the time of marriage or even after it  ??  Further, you did not mention whether she has any documentary evidences which would suggest or represent your involvement...i.e. acceptance of cheques, letters and valuable items etc. 

Further, you have mentioned that she has concealed her educational qualification and past work experience in her complaint. Remember, it is not  a sufficient ground for defence, becos in law, there is no provision of exemption for husbands on the ground that their wives are highly educated and can live happily in case of desertion caused by husbands.    

Secondly, you can file counter petitions against her in the same court where she has filed complaint instead of  any police station of Pune.

Thirdly, the mobile phone details can be obtained through the court order from the cellular company, so no need to be worried.  If any material evidences in the form of  conversation would have been recorded,.....can be form a part of your evidence to counter her at court. 

Finally, I would suggest you...........that at this stage, no need to be worried. Remember, according to law, the power of  police station is limited in the criminal proceedings............it can only register cases, can gather witnesses to present its case before court........It has no judicial power.........The judicial power is vested in hands of judiciary...........So, the court will have it own inquiry process........it depends upon the proper evidences and also convicts thereupon. Finally, I would suggest you, first  try to have negotiation with her and suggest her for peaceful settlement of the dispute ..........is she fails to to comply...........consult Experienced Lawyers to file counter agianst her.   

I feel you don't have any chances of dismissal of DVC ..........it is has been filed ............so it will take its own course. Rather, you can counter her through this evidence in the court to unmask her before judiciary. 

Thanks for your inputs Madam.

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Now come to the point............You did not mention, the degree of your marital relationship in detail ...just added that since the time of your marriage, she had no interest or desire to live with you and your family members.

(Reply – she was not interested in this marriage and half-heartedly got married because of her father insistence , she want to be a wife to who is financially sound and living in abroad, cars, bungalows - she just want separate violently in this way – by tarnishing my image, getting soft corner from her next prospective match)

Further, did not mention the degree of  your s*xual relationship with her means is it normal or abnormal ??  

(Reply – abnormal, we hardly have any proper cohabitation)

You did not mention whether you and your family had received any amount or valuable item at the time of marriage or even after it??

(Reply – we’ve not received anything ; her parents and my parents exchanged customary gifts during engagement ceremony (1 month before marriage); But she alleged in her complaints that, her parents gave xx lakhs cash amount, xx gold, xx property, xx lakh worth house-hold articles, all combine a grand total worth 20 Lks to her husband at the time of marriage)

 Further, you did not mention whether she has any documentary evidences which would suggest or represent your involvement...i.e. acceptance of cheques, letters and valuable items etc. 

(Reply – nothing, not single evidence; the truth is they have not given anything; even she was unable to tell or provide any list of house-hold articles that amount to xx lakh)

Further, you have mentioned that she has concealed her educational qualification and past work experience in her complaint.

(Reply – Madam, you suggest that we cannot do anything if wife conceals her education/pas work exp?)

Remember, it is not  a sufficient ground for defence, becos in law, there is no provision of exemption for husbands on the ground that their wives are highly educated and can live happily in case of desertion caused by husbands.    

(Reply – Madam, please guide me what to do in this point? You suggest, if a wife deserts a husband without any particular reason, throws some criminal cases on him & his family, - even if she was well educated, has past work exp – I cannot do any anything, just to provide her money)

Secondly, you can file counter petitions against her in the same court where she has filed complaint instead of any police station of Pune.

(Reply – Madam, please elaborate on this how to go about cases in the present court; she has got very good influence in this court as her father was SI of Police)

Thirdly, the mobile phone details can be obtained through the court order from the cellular company, so no need to be worried.

(Reply – Madam, please suggest what order I should take from court to get Call Detail Record with cell tower info, because this will be the major evidence for my case)

If any material evidences in the form of conversation would have been recorded ...can be form a part of your evidence to counter her at court. 

(Reply – Madam, I have not recorded anything)

Finally, I would suggest you, first try to have negotiation with her and suggest her for peaceful settlement of the dispute ..........is she fails to to comply...........consult Experienced Lawyers to file counter against her.

(Reply – Madam, they are very adamant and arrogant, they are just harassing us, they know that - they have not given anything to us and also they very well aware that - we are not well-off to go for any compromise with some money in fear. They are only harassing us - as  they are ware about law - as it takes some years for a case to come for trial, they don’t have anything material, just jeopardizing our lives)

1) Is the meaning that Form-3 (affidavit) supports her claims of only Form-1 & Form-2 OR also her written complaint?

2) She made several allegations that: she joined me just after the said marriage at my native place, and we lived happily there for 1 month. After that, my parents and my relatives harassed her for dowry.

(The truth is: We have not stayed at my native place after marriage and even she was not with me at Pune. And I have also started working in my company on 8-June-2009 (came to Pune on 4-June-2009)

3) IN FORM-III point no. 10. [That the reliefs claimed in the accompanying application are urgent in as much as the applicant would face great  financial hardship and would be forced to live under threat of repetition/escalation of acts of domestic violence complained of in the accompanying application by the Respondent(s) if the said reliefs are not granted on an ex-parte ad-interim basis.]

Can I expose her falsity that she has intentionally not revealing her educational/work details?

[(i) whether this amounts to 'contempt of court’ or

(ii) Should I file perjury (please see the above info, which I marked with stars, she has not mentioned anything about her financial/ work/ educational status) or

(iii) Should I just reveal her all details in my 'counter petition’?]

4) What is the procedure to obtain my own (IDEA) mobile 'Call Data Record' in Pune? Should I request the court to send summons to IDEA to get my 2 years CDR with Cell Tower info? What is the procedure to obtain this info, & under what section?

5) Should I register a case in Pune police station against my wife, that she is intentionally making false statements and criminal charges u/s 196,199,200,209 and 219? And request the Police to take up investigation by getting CDR with Cell tower info from IDEA and providing my pvt. company attendance and mail correspondences?

Is there any chance for dismissal of the DVC Case, if I prove that this Case is - only a retaliation to my legal notice? 

---   you have to prove the complains are false.

nothing else.

Dear learned friends,

My friend's sister was married in feb2007 and had moved to the USA with her husband.she has a two year old kid. She had completed MBBS in India and was preparing for MD. She was harassed and tortured both mentally and physically by her husband and in-laws right from the day of her marriage that she wasn't earning. She tolerated everything with the fear of losing the baby as the baby was born in USA. In March 2011 they came to India. She was on a dependent Visa and it had lapsed. She was told that the baby also would be with her.But, one fine day without her notice the baby was taken to the USA by her husband and mother-in law. Three months after this incident..she committed suicide under a moving train leaving behind a five page death note holding her husband and in laws responsible for her death. FIR u/s.498A,306 and 34 IPC have been registered. Now may I kindly be guided with procedure to get the Husband back to India and present him before law. Kindly advise

YOUR MATTER NOT YET RIPED PROPERLY.

IF SHE GAVE FALSE INFORMATION BY AFFIDEVIT, SHE HAS DONE AN OFFENCE.

HAVE YOU GOT CHARGESHEET?

IF SO WHAT THE CHARGES ARE? WHAT YOU WANT TO SAY ABOUT THESE?

AFTER FILLING CHARGESHEET, THE CHARGES ARE IN QUESTION, REST ARE USELESS.

Thank you for your reply Sir.

The Charge-Sheet has already been filed by Police.  My wife’s complaint letter just translated to English said they are facts in Charge-Sheet, as I have not paid anything as bribe.

I am planning to go for quash this charge-sheet in High Court as no evidence attached to the charge-sheet.

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But currently, my wife filed DVC, in which she also filed (FORM-III) affidavit u/s 23 (2) of PWDVA for interim maintenance. In which point no.10, read as financial hardship. And also she has not mentioned her present/ past work details.

Whether based on affidavit 23(2), shall I file perjury on her that she is intentionally making false statements and suppressing her work details/salary etc?

Defend yourself properly in the court. This is the only effective remedy available to you.

Dear Sri,

I need one favour from you, have you filed perjury for giving wrong affadavit u/s 23(2) of PWDVA 2005 and if yes, what was your result.

Thanks.

Dear Lalit,

I tried filing for perjury in DV, the OP withdrew the case immediately.

What help are you seeking?

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Hello Shonee Sir,

My self petitioner, on the first court date got written reply which has lots of lies in it. Can we file perjury on OPs written reply ?

Yes, you can.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com