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Ketan (Student)     23 April 2013

Dowry harassment case 498a

Hi,

I got married in January 2004, with equal marriage expenditure. Returned back to Nigeria for job. Between 2004 and 2006, I visited Indian only once a year. Due to pressure from my wife, I had to buy an apartment as she threatened divorce. We have two kids. Bought a house in Jan 2005. She also held a mandate on my NRE account. My wife was working with Relience Energy. I was paying the EMI as well as monthly expenses for them. We frequently had fights as she had promised to come and stay with me in Nigeria. Right from the beginning it looked like this was all planned. She was withdrawing huge sum of money from my account every two days. In 2006 my mother passed away due to breast cancer, after the last ritual of my mother, me and my wife had an argument and I left the house and returned back to Nigeria. In 2008 I finally returned back to India and in 2010 my wife filed a 498a case against me. I was arrested and then the charge sheet was filed in the court. In her complaint, she said I took the stree dhan and I harassed her for money. she also accused me of taking huge sum of money from her mother.

During this time, I got an job opportunity again in Nigeria for 3 months and the court allowed me to travel. I returned back and I reported in the court. Looking at the things I decided not to waste my life and I got an opportunity to study abroad. I was on bail and I have jumped the bail.

Currently, my studies and all the other expenses are being taken by a generous person. Since all my entire saving were wiped out by my wife. All I had was that three months saving, which was not suffient for me to by by ticket. Now I am in the second semester of my studies. Now my wife has filed a case against my father and my sister alleging that they use to provoke me and they took the stree dhan and they are not allowing my wife to come to my father's residence.

What action do I need to take. I do not want to waste my life as I have started fresh and I am trying to acquire this degree to get myself in the job. Already due to this case, I have lost many years without a job, except for that 3 months contract job.

Please guide, I do not want to leave and return back to India.

Rgds,

Ketan



Learning

 2 Replies

adv. rajeev ( rajoo ) (practicing advocate)     23 April 2013

sec. 498A has become the weapon for the women.  It is an legal terriorism.  First you file a discharge application in the trial court, For further detials you can contact me.

Ketan (Student)     23 April 2013

Hello Adv. Rajeev,

Thank you for your kind reply. But could you please enlighten me about "discharge application"

My wife had filed a case against me in 2010 and I had secured a bail. Just not to waste my life in this legal battle which will mess up my remaining life, I jumped the bail. And now she has filed a case against my father and sister.

My wife had been to my native place only twice, once after marriage and when my mother was in her last stages of cancer. At my sisters place, there too she was only twice after marriage and once on my nephew's birthday party.

I would appreciate if you can give me some advise.

Regards,

Ketan


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