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Rahul (se)     04 September 2012

Dowry harassment , case

HI All,

 

My close friend got married in nov 2009 and he is a muslim .My friend and his wife both are working in software companies in diffenent cities and she resigned her job after marriage and stayed with my friend for a month and her parents have been trying to control my friends fianances , his life and they medelled a lot and wanted him to move to thier city stay in their home as she is only daughter and she has 2 brothers .

In jan 2010 she went to her parents house and we tried to talk to her parents and her and instead of advicing young couple they didnt come for any discussion and lot of argumnets happened on phone and in july 2010 my frind sent a notice through qazi to come to come for talks they didnt come and finally in May 2011 they filed a private case in family court and they put 498a and other cases against my friends whole family and my friend's parents passed away he lives alone and his brothers and sisters live in small town really very far from thier home.

The first hearing was in Nov 24th 2011 and my friends family are trying to quash in high court , they just want to harass my friends family and they are not living together for over 2 years and she is staying with her parents.

My friend is out of india for whle time for work  and he would be coming after a year.

what should we do can anyone please suggest.

As this is a privat case there is no FIR or anything and they have filed allegations more than a year of the incidents accrording to case copy.

They simply want to harass and she is wroking in some company now.

Can my friend give her talaq for deserting and remarry or should he fight the case and later on go for marriage.

After all this he donot want to reconcile as its been long time and there are lot of differences between them and familes as well becaus of case.

Is there any possibility that my friend will go to jail for all false allegations of dowry harrassment or Domestic violence which never happened , he is very depressed and because of all these tensions he has nervous damage and there is medical proof for that , he suffered alot .



Learning

 10 Replies

dr g balakrishnan (advocate/counsel supreme court)     04 September 2012

sir,

i appreciate. whether both boy and girl belong to same islamic sect or different sects or religions.

How they got married under what laws will be the major question.

then IPC is applicable all indians.

if they cannot live to gether, they can go for consent divorse under law if they got married under spl marriages Act.

then why the girl really wants to be away from her husband, the reason given seems not real it appears, may be something else, you have to open up all facts to your lawyer. Else lawyer may fight at wrong facts then your case will fall, so get clear reasons.

whether s*xual behavior is not compatible?

whether the girl has fear of his parents? and so on, so one needs to know.

Law is most favorable to girls and less to boys except in Shariat or muslim rules.

 

clearly get and post then may be you get proper advice. 

First get Legal opinion on your matter done invariably that legal opinion costs as the lawer has to spend on your matter several hours of study on the basis of your facts and he has to test them on the anvil of laws concerned. May be solutions available as no problem is without solution pls.

if you want to have information as a top secret and if you want to contact, i give my e mail id 'rapidanalysts@gmail.com' attn :Dr.G. Balakrishnan, advocate(original side) Bombay High court/ counsel supreme court of india.

 

Adv.dr. balakrishnan

Rahul (se)     04 September 2012

hello Sir,

The boy and Girl belong to Muslim religion and they got married according to Shariath and muslim rules.

The girls wants their daughter with them always and the girl wants my friend to take care of her brothers and parents as  his parents passed away and there have been few arguments and small fights  over phone between my friend and her family relating to moving to her city and her home and My friends wife supported their parents and if he wants her as wife he has to move to her city and home and Time went by . My friend didnt want to move to her city as he has to leave this job and find another one .

She always used to fight about her parents and my friend shouldnt contact his family or he shouldnt go to his hometown and she demanded lot of things whihc were not feasible and ended up in arguments.

Her father wants her salary and my friends salary as well finally and they want to control everything as my frined has no parents and his elder brothers live in different state.

The girl nor her family never ever emailed to my friend nor they contacted on phone, we think but putting case they want to make friend listen to their terms and conditions.

she is always on phone and their s*xual life is also not good.

 

SACHIN AGARWAL (ADVOCATE)     04 September 2012

I could not understand the facts as you have stated that there is no FIR and the family members of your friend are trying to quash from High Court. How it is possible. When there is no FIR, what his family members are getting quashed from High Court.

Please explain.

Rahul (se)     05 September 2012

Hello Sachin sir

The  police never reached out to my friend or his family who were accused and so we are assuming there was no FIR and as per my knowledge the girl's parent had filed a private case at alower cout in may 2011 and my friends family got the courier which had notice for apperance in the court in nov 2011 .they have mentioned that they gave 2 lakh rupees dowry at the time of marriage and the girl was harassed for dowry in jan 2010 ( she stayed with her husband for 3 weeks at her husbands place as she was working in hyderabad she was with her parents even after marriage for 2 months) . we found these details in certified case copy .

they are not ready for any compromise as of now and for last hearing neither the girls parents nor their appeared for hearing .

I dont know much of the legal terms so im sorry if making any mistakes.There could be an FIR but im not sure as there was no arrests made or police didnt contact my friends family at all.

we are not sure whats the path forward , we have a qazi notice which was sent by friends family inviting girls parents to come to talk about the things they never came in  2010 .

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 September 2012

Hope for the best, but be prepared for the worst.

 

Keep in touch with a good counsel for moving AB at appropriate time.

 

 


Regards,
 
Shonee Kapoor

Rahul (se)     06 September 2012

Hello Shonee sir,

The case has been in high court since Nov 2011 and My friends brother who is A2 is attending all summons without fail and they are getting new date and my friend who is A1 as never attended any summons as he is out of india.

do we still need to get him AB if he wishes to come to india, He works as software engineer will he lose his job because of the case when he comes to india . can you please suggest on this.

dr g balakrishnan (advocate/counsel supreme court)     06 September 2012

Rahulji,

Any way there is matter in high court and A2 is attending, so the fear of arrest is indeed remote, as A2 is representing matter in court. it is important ask A2 to check with police whether A1 need to take 'AB' if he also wants to attend the matter, the police will tell. However, if A1 is arrested then he can move bail application at the magestrate's court itself and it may cost him abt rs 20,000 or so as police also want money without that money they will not oblige you  not to oppose bail. wORST PART is when u go to police as they want to make money at your inconvenience, after all nobody pays when one is not in inconvenience, yes your advocate also makes after all it is world known fact. normally it is said settle with your own opponent and do not go to witness for relief, Police will polishedly take money not to oppose your bail. not avoidable. Anyway for AB also you will end up spending much more. so be prepared for normal bail.

secondly your employer has nothing to do with your matrimonial dispute affair. so you inform beforehand to employers that you are harassed by your wife with irational reasons and explain as you did here so the employer knows te issue. he will not terminate you if you are reach your job after your leave or duly extended. today matrimonial cases are so very common with most of young employees as young employees ethos of marriage is a new norm.

further if you had taken 2 lacs from the wife's family, you better pay that in court as you choose to divorce her and say in your statement their parents only willingly paid or she wiilingly paid but now she turned turtle just to harass you that way you have to build your case.

 

After all u decided to divorse her.

that way sensibly fight. never be over worried. Tough times will not last but tough people only last Rahul. threats will be there but many are meaningless threats.

tks

adv dr g balakrishnan, Bombay high court 

Sudhir Kumar, Advocate (Advocate)     15 September 2012

Talaq may not get him out of 498a case.

panchal (BA)     15 September 2012

hi, my husband and his family has taken all my salary and physically and mentally harassed me. i was pregnant then and they asked for more money from my parents as i had to leave my job. i lodged a complaint and they dint agree to take me home after all three counselling sessions. so the police will file a FIR now. Please tell me what wil be the process after this. Also when and how can i object on his anticipatory bail as his family is threatening to kill me

Sudhir Kumar, Advocate (Advocate)     08 June 2013

 @panchal

 

put your own query if you have not donotmix on this thread


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