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Bhanu (Engineer)     03 August 2014

Dowrry_case

Hi All experts,

girls parents put false case on my whole family, i have done engagement with girl, someone from our family didn't enquire before their family background, they are very greedy kind of people and always giving threating to us...they filed a case of dowrry act 498a.

in session court  girls parent put 3 lawerys against our lawerys, judge given bail to myself and my mother.

my father due to allegation not got bail from on court.

we applied to high court, high court judge is saying that we are not seeing dowrry act cases and we directly rejectting this kind of case without seeing them.

police case dairy is in favour with us, case is transfeered to another judge in patna high court in this situation what steps we need to take.

iam and my family are very much worried can you please guide me in this critical situation what i need to do.

i didn't even touch the girl, but they are saying all around i have done misbehave with their girl.

they are criminal kind of person my father  served 30 yrs in indian army and i don't want to  make my father  to suffer more.

can you please help me.

is this is our indian law judgement, 

our law is one of the best law in world, but i think it's not even followed and inocent peoples are  suffering

girls parents written in FIR that my father demanded 20 Lakh ,on 15th july 2013, and my father at that time was in nagpur.

and he written in fir that my father was in bihar.and this was totaly false statement 

we straightly mentioned their family we dont want to make any further relation, also in between my sister  gets died.

and we were very dippressed but then also they forced us to do marriage, and after 3 months they filed  a false dowrry case.

before marriage  dowwry case, even that day my father was on duty. on the day which they have mentioned.



Learning

 11 Replies

Tajobsindia (Senior Partner )     03 August 2014

Approach Hon'ble SC for father's Bail. 

Laxmi Kant Joshi (Advocate )     03 August 2014

1. File again for AB in the high court by giving some other reasons / grounds with proof to obtain AB which was not given in the previous AB petition , 2. at the time of framing of charges in The lower court move an application u/s 91crpc and ask the evidence in support of their allegation , also file perjury case in the same court u/s 340 crpc if she had given false statement in her petition on oath .

Sudhir Kumar, Advocate (Advocate)     03 August 2014

not under stood.

 

engagement ........................................498a

Nothing happened in between?

T. Kalaiselvan, Advocate (Advocate)     03 August 2014

Sudhir Sir,

The author got married after engagement and the developments like 498a are subsequent to the marriage. 

@Bhanu: The latest Supreme court verdict on 498a issue and not to arrest will come handy to your case. If the first AB was  dismissed, file AB again before the District sessions court itself attaching the latest citation, I am sure your father will get AB once the citation is attached to your latest application for AB.

Bhanu (Engineer)     03 August 2014

i didn't marriage till from that girl. only engagement happend.....after  6 months of engagemenet i denneied to get married from that girl, because their family backgground was not good and they were always dominating to us.....in my family inbetween death happend of my own sister in train accident, due to that we were in very much in depression, then also they didn't stopped and said do marraige within 3 -4 months, we said like we need to wait upto 1 yrs....they always think that once they will do marriage they will able to come to my home and whatever they want they will take it by threating us.

after 3 months they filed a dowrry case against us.

Bhanu (Engineer)     03 August 2014

Originally posted by : T. Kalaiselvan, Advocate


Sudhir Sir,

The author got married after engagement and the developments like 498a are subsequent to the marriage. 

@Bhanu: The latest Supreme court verdict on 498a issue and not to arrest will come handy to your case. If the first AB was  dismissed, file AB again before the District sessions court itself attaching the latest citation, I am sure your father will get AB once the citation is attached to your latest application for AB.

 

 

 

Hi sir,

can you please tell me what is latest citation.

Thanks.

Sudhir Kumar, Advocate (Advocate)     04 August 2014

waht do you mean by

 

"i denneied to get married from that girl, because their family backgground was not good"

 

were they not able to afford dowry as expected.

Happily Divorced (TL)     04 August 2014

498a cannot be filed on you. It can only be filed on a husband and his relatives. You are not still her husband. Go for quash of the 498a FIR in high court. There are judgements to that affect.

 

Bad family need not be people who cannot afford dowry. It is better for the legal experts to not judge people and humiliate them. If they retaliate and abuse the legal experts, then it would spoil the forum decorum.

Sudhir Kumar, Advocate (Advocate)     04 August 2014

has the FIR been registered without effort of conciliation in CAW cell.

Sudhir Kumar, Advocate (Advocate)     04 August 2014

 Many contradictions are appearing in you version.

 

One side you say that the case diary is in your favour and on the same time you also say that your father did not get AB (although he was no in town on the alleged date of dowry demand).

 

One side you are saying that due to sad demise of sister you wanted marriage to be postponed and on the other hand you say that you had rejected the marriage altogather.

 

It also appears that you do not like them to visit your home.

 

You are not disclosing what type of misbehaviour is alleged.  You only maintain that you r family did not even touch her.  Physical violence is not the only misbehaviour/torture.

 

Your version indicates that they wanted marriage only to file dowry case within three months.  Please clarify.

 

You are also silent whey they were compelling early marriage and what greed/crime you saw (other than filing 498acase after marriage) which compelled you to avoid  marriage.

T. Kalaiselvan, Advocate (Advocate)     04 August 2014

I think the querist is in a confused state of mind hence he is not able to give proper details and he seems to be furnishing details in piece meal basis, so let us not give him anymore advise on his subject issue.


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