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amrik.mehra (officer)     09 September 2012

498a case

One of my female friend who got married in the year 2004, is genuinly being tortured by her in laws for dowry. Her case details are as under :

 

1. She got married in the year 2004 to a person who is an impotent.This was hidden by her laws.

2. Her in laws started demanding dowry. Her father gave a cheque of Rs. 1.40 ac to her father in law. cheque was issued in the name of her father in law. Again they cheated her, they bought a car in the name of her dewar (brother in law).

3. Later they started demanding AC and other luxorious items. Which was again fulfilled by them.

 

4. Just a month ago, they asked her to leave their home or bring some dowry. She lodged a complaint with police in her home town. Whcih is 200 KM from the house of her husband.

 

5. Her in laws went to IG, Police and requsted him to transfer the case to a location suitable to them. They gave the reasons - Wahan pe Hamari Jan ko Khatra hai. The IG, Police transfered the case to their location of choce without taking girl into confidenc.

 

6. Now the police is not co-operating with her. Please guide how to file a FIR.



Learning

 9 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     09 September 2012

It has been held in a number of cases, that since cruelty for dowry are continuing offences, the place where the women's parents reside has the jurisdiction to deal with the matter. It is surprising that the IG could transfer the matter at the behest of people who are accused in that case. The Victim's interest have been completely been disregarded here. In my opinion, she has two remedies :-

 

i) She can approach her area magistrate u/s 156(3) for registration of FIR + Monitoring that the investigation is free,impartial and effective;

ii) Writ petition.

 

The first is more advisable. 

 

Good Luck !

 

Adv. Bharat Chugh

*Supreme Court of India

*Delhi High Court

1 Like

adv. rajeev ( rajoo ) (practicing advocate)     09 September 2012

I do agree with Ashish

Shaik Mahaboob Basha (Revenue Department)     09 September 2012

Sir,

my sister's case is also same like this. My sister has two girl children. Her in laws encouraging my brother-in-law to marry another girl for want of male children. We have given one written statement in the police statement. But councelling, my brother-in-law and his brother both has given a consent to the C.I. of Police that they would never harrash my sister. Unfortunately, the things repeated, they started to tourture my sister every day. The entire street, where my sister is living are telling that my brother-in-laws family is shadist family. Again On 19.06.2012 we approach the police station and lodged a case. But the police officials of our home town arrested only my brother in law on 22.06.2012 and wanterly they gives a chance to four persons to get anticipatory bail from the high court and the bail also sanctioned on 17.08.2012. Another two persons, who involved in this case are not blood relatives of my sister's inlaws. Actually the A6 and A7 are main persons for everything. But with the potency of the Police Officials, they are telling that they will create lot of problems to my family. Actually in our area the police officials are collecting huge bribes from the public. But the S.P. of our District is a very nice person. It is came to know that in Cr.No. 49/20019, Dt.12.03.2009 of Punganur Police Station of Chittoor District (Andhra Pradesh) the higher officials of Police Department has suspended Stalin (DSP), B.Srinivasulu (C.I.), Padmakar Reddy (C.I.)., P.Ramakrisha (S.I.)., A.Narayana Murthy (Constable), P.Nagaraju (Constable). I am planning to approach police department to take action against the worst police officers. If possible, please guide me so that other needy people will not face the difficulties by the bad police officials.

Sadaf (executive)     09 September 2012

I got married last yr on june 2011 and after just 3 months having torturised by my husband in my maternal home regarding dowry i filed FIr 498a on him till today it is continuing and on coming october i have to appear to court. Meanwhile my husband filed a case for restitution of conjugal right and is not in any contact with me. I tried hard to save my marriage after having all so but my husband is not in any way for this. Neither he will give me Khulla or divorce even if i withdraw my case of 498a.

Kindly guide me what should i need to do for withdrawing the case & its process?


(Guest)

I  HAVE SEEN MANY CASES IN WHICH SO MANY FEMALES TELLS MANY LIES.... I THINK IF A WOMAN THINKS TO BE WITH HUSBAND DONOT FILES 498A,, OTHERS MAY BE ,,,,BUT THAT SHOULD BE ONLY AGAINST HUSBAND....I DONT BELIEVE WOMENS WHO CHEATS  NOW THAT SHOULD BE FUKCED BADLY.. IT LIES  

nidhi sharma ( student)     10 September 2012

Sadaf ur husband has filed a wrong case of restitution of conjugal rights. That will be dismissed because u are living away from him telling a valid reason.
1 Like

nidhi sharma ( student)     10 September 2012

but i dont think u can save ur marriage after filing a case of 498 a.

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