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Bharat Sharma (engineer)     13 March 2013

Please help - sections 498a, 376/511, 328

 

Dear members,

I am in a situation going through under 498A + section 376/511 ---attempt to rape on my father + section 328---attempt to murder on me & my mother. all the allegations are false......

under Domestic Violance petition she wants 25lacs immediately for her mental harassment & 1 lacs per months for her maintenance. I am not worried about D-V case as I know she wont get anything like this.

 

But I am worried about my parents, specially my father she has made such a dirty allegation on my father, I dont know gow to deal with it.....

 

She filed the FIR on 5 Dec 2012, she has written that on 04/11/2011 my father was drunk & went inside her room and made attempt to rape on her. And she saved herself by running to terrace--2nd floor and hided on neighbour's house & called her parents.....

I was not at home on that night I was in some other city in Meerut(100KM from my home)........ 

In reality she made drama at home that night & my father shouted at her to keep her quite & go to her room, but she made a drama that night, she quitly ran away from our home & went to her friend's house at night time, which was around 2KM from our home. From there she called her father & her father came with police & took my child with them forcefully...... then she went to her parents home with the child. we didnt take any report from the police station that day. she never hided in our neighbourhood that everybody & all neighbours said.

 

After that I asked her many time to come back to stay seperately but they never responded. But when I have filed Divorce case in November 2012 she filed all the dirty & filthy carges on us.

 

About the Attempt to Murder Section 328......in the year 2009 at night time around 10 pm we both had little verbal fight & disagreement under this situation I told her that I am leaving my home & about to go out of home but she created a sceen that she drank some liquid in baathroom & was lying in baathroom & coughing badly I took her to the hospital same time & admitted her, all checks was done & found normal, all the reports was normal. I called her parents next morning & they took her to their home with lots of fighting & bad words, Me and my mother was at home that day, my father was away from home............ After that of many requests & many prays I brought her back after 8 months.

 

My job is in merchant navy and need to stay away from home & family so keeping the wife away from the family is very difficult but in this situation I need to think of this situation also.

 

the case is under mediation in Ghaziabad court. We are on Interim bail, mediation is under progress......but I dont know how to deal with the situation of S-376/511, & S-328.

 

Now in the mediation she is saying to live separately away from the parents but didnt come out with her terms & conditions.

 

In this condition, what is the best thing to do? Shall I agree with her to stay away?? I am still afraid she may create a big drama next time if we start to live separately.   my problem is that I am the only one to take care of my parents.

 

If the mediation fails what are the chances on my parents for getting Jail??

My lawyer is saying that in S-376 she dont need to proove anything, we only have to dis-proove her.

 

The biggest problem is my Father in Law is a policemen (ASI in ghaziabad Police) and she is doing all these dirty tricks & dramas under the policemen guidance, she doesn't have her own brain.

 

Kindly Advise.........



Learning

 17 Replies

JASWANT VIJAY AGNIHOTRI (AIR ARMY)     13 March 2013

take a point that her ASI father want to jail parents and get bail. Don't fear and dont pay anything. keep her track and find anything wrong. get call detail and her job previous if any..?

be strong infront of her...

Manish Udar (www.Mehnat.IN)     13 March 2013

You have no choice except to fight your cases.

False Accusations and Narcissistic Personality Disorder

Manish Udar (www.Mehnat.IN)     13 March 2013

In rape case you may ask her to take lie detector test. If she refuses to take the test, it will go against her. Have faith in God. I sympathize with you, these are trying times for you and your parents.

kavita (executive)     13 March 2013

I have fiilled a domestic violence case against my inlaws and husband since they tourtured me physically and mentally for dowry ,previously i was working and earning and earning Rs 15000 but after the incidence lhad to quit  job and went in depression and now totally dependent on my parents for every thing can i claim maintenance and shelter from my husband.

proton (law)     14 March 2013

Try to get information about her personal affairs from her friend it is main way you will get all the information about your wife and from her college friends and try to tell all this to her college friends of doing like this in your family. so they can help you, if her father is a police then file a case on him in human rights that he is making illigal things towards your family. But dont try to pay atleast 1pisa to them be strong in this point. because she need money or she may having another affair so be careful of your life. all the best.

STRONG MAN (mr)     14 March 2013

kavita ji filling DVC is your right no doubt to prove mental tourture is a hell task to prove physical tourture u should have MLC medico legal certificate.As u mentioned that  u were earning sufficient amount, if ur hubby knows it and if he proves it there is very less chance of maintainence to u becoz now a days there are lot of judgements coming that working or womanworked in the past  is not entitiled to  maintainence,My personal suggestion is sit with him talk to him personnely chalk out solution for peaceful and amicable life a head becoz court cacheri mae u will lost u r valuable time ur good reputation if what so ever is in his heart .As a brother i suggest u to talk with ur husband and try to solve ur problem NEVER LAST U R HOPE god bless u  

 

 


(Guest)

Dear Mr.Sharma

   I was in your situation in Aug'2012.Same case 498a/406/34 , me and my parents.Do't worry,be quite...and be strong.

I was threaten by lawer over phone & physically also.Now the situation is she and her lawer requesting several time to withdraw case mutually.They are facing truoble in trial.I first get bail and next get chargesheet.Now facing trial boldly.

But they are not bold as i am.They are requesting to withdraw the case.

In fine , i am not lawer, i am a victim like you.I have tried to experienxe you with my experience

Another thing , you need an good lawer also

 

Manoj Kumar Jain (abc)     14 March 2013

I am also  facing my DV Act filled by my wife in dec 2011 and further filed 498A in jan2013. I have facing my trials boldly also No worried and enjoy trial for long. Trail me jhoot or sach ka faisala ho jayega.

Bharat Sharma (engineer)     14 March 2013

Dear Sir,

thanks for your valuable sugesstion,

I would like to know regarding the lie detector test.........Does court allows to do it on women,,,,,, specially the lower / district court??    

 

Thanks

kavita (executive)     14 March 2013

If i cant claim maintenance can i claim for shelter and can I ask for lawyer from the court  or the expenses incurred

Msk-need -nuetral- laws (self)     14 March 2013

Manish Udar (www.Mehnat.IN)     15 March 2013

Please ignore this above post made by the well-meaning gentleman called MSK-need-nuetral(sic)-laws. Lie detector tests are banned only for accused persons, as a part of the right against self-incrimination. Complainant can be subjected to lie detector tests. Further, in the Jindal Steel vs. Zee TV case, the editors and the owner of Zee TV were requested by the police to undergo lie detector test, even though there is a full bench supreme court judgement against this practice. Further, accused person has the right to subject himself to a lie detector test in order to establish his own credibility. This is an inseparable part of his right to legal defence.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     15 March 2013

Lie Detector tests have been termed unconstitutional.

 

Also, the accused can not ask for Lie-Detector test of any witness. The lies has to be brought out in the cross-examination.

 

 

 

Regards,
 
Shonee Kapoor
www.facebook.com/shoneekapoor 
Handphone: +91-8010850498
Email: harassed.by.498a@gmail.com

Yahoogroups: https://groups.yahoo.com/group/sahodar 

If you don't fight for what you want, don't cry for what you LOST.
1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     15 March 2013

Kavita/ Manoj Kumar Jain,

 

You people can start your own respective threads, please don't spam in other people threads. People get distracted.

 

 

 

Regards,
 
Shonee Kapoor
www.facebook.com/shoneekapoor 
Handphone: +91-8010850498
Email: harassed.by.498a@gmail.com

Yahoogroups: https://groups.yahoo.com/group/sahodar 

If you don't fight for what you want, don't cry for what you LOST.

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