VSR (Manager) 07 March 2013

False dowry harrasment case

Hi Sir/Madam,

My wife failed a false 498A and attempt of murder case on me. we got married in 2009. i have son. After he born She is staying with her parents from last 1 and half years because of some missunderstandigs. I am staying out side of India and last year i planned to come to india, before i stated to india she mailed to one of my colleague that " he harrasing for extra dowry, please tell me when he is coming to india. My colleague replaid her the dates. She thought i will reach india on 13th of june so she went to my home with her uncle on 14th june and they thorow some items in my home and then she took kirosin bottle from her bag and she pored on her body and she ran on roads and shouting that they are killing me.... her uncle beats my mother and called to 108 immediately. she didnt put fire on her body. After that immediately FIR filed because they called to 108 for fire accident. She failed FIR on me and my mother that we both together tried to kill her. Police arrested my mother and searched for me. At that time just i landed on india. Next day again she change FIR and she filed case on my sister and my mother. Around 3 to 4 times she changes the FIR. She filed FIR so immediately i left India. She went to CI and said that " my hus should do job in india and he should left his mother and sister then only i will with draw my case'. And now i dont know what to do she put false case on me, on my mother and my sisters family. I dont want to stay with her any more... till now i have spent 7laks I cant spend more than that.. i want to come to india but i m afried to come to india.

Please help me. And tell which sections i can file against her in this situation.

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8 Replies

(Guest)

Hi, Techinically what should be done...i think only senior members can guide you well. Very sad thing that it has happened. But this is exactly what some lawyers suggest..... i was also suggested word to word of the kerosene stint by someone. But believe me ...one has to be heartless and rediculous to do such a thing. Please go through www.498a.org. And apply for AB ASAP. Be calm and patience will help you fight out the false cases.

(Guest)

Originally posted by : VSR
	Hi Sir/Madam, My wife failed a false 498A and attempt of murder case on me. we got married in 2009. i have son. After he born She is staying with her parents from last 1 and half years because of some missunderstandigs. I am staying out side of India and last year i planned to come to india, before i stated to india she mailed to one of my colleague that " he harrasing for extra dowry, please tell me when he is coming to india. My colleague replaid her the dates. She thought i will reach india on 13th of june so she went to my home with her uncle on 14th june and they thorow some items in my home and then she took kirosin bottle from her bag and she pored on her body and she ran on roads and shouting that they are killing me.... her uncle beats my mother and called to 108 immediately. she didnt put fire on her body. After that immediately FIR filed because they called to 108 for fire accident. She failed FIR on me and my mother that we both together tried to kill her. Police arrested my mother and searched for me. At that time just i landed on india. Next day again she change FIR and she filed case on my sister and my mother. Around 3 to 4 times she changes the FIR. She filed FIR so immediately i left India. She went to CI and said that " my hus should do job in india and he should left his mother and sister then only i will with draw my case'. And now i dont know what to do she put false case on me, on my mother and my sisters family. I dont want to stay with her any more... till now i have spent 7laks I cant spend more than that.. i want to come to india but i m afried to come to india. Please help me. And tell which sections i can file against her in this situation.

What kind of woman is she? I doubt she is a woman at all.

What you can do is, you file a divorce case immediately before she files some other case [like DV etc] on you and your mom and sister's family, and am afraid the time has not yet come, where husband can file a case against his wife in the given context.

File divorce case, be brave, all those false cases should not deter you to face her and the stupid laws. Ultimately, the case what she has put will get dismissed. No more spending money. Instead of spending that 7 lakhs you could have as well amicably settled for a divorce.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 07 March 2013

Bailable and Non-Bailable Offences

Under the Code of Criminal Procedure, offences have been classified as ‘bailable’ and ‘non-bailable’ offences.
In the case of bailable offences, it is binding upon the investigating officer to grant bail. However, in case of a non-bailable offence the police do not grant bail. The decision is taken by a Judicial Magistrate/Judge only.
In the case of a bailable offence, if the accused produces proper surety after his arrest, and fulfills other conditions, it is binding upon the Investigating officer to release him.
In the case of a non-bailable offence, the Investigating Officer must produce the accused before the Judicial Magistrate/Judge concerned within 24 hours of the arrest. At that time, the accused has a right to apply for bail himself or through his representative/lawyer.
Similarly, if the accused has been subjected to any misbehavior by police after arrest, he has an opportunity to complain against the same before the Judicial Magistrate/Judge

VSR (Manager) 07 March 2013

Hi Sir/Madam

I am planning to come to india. But my Lawyer told me that " it is not safe If she filed case to airport police they wil caught u when u came to india".

Case is already in court but still not came for hearing. Can i come to india in this situation. I dont want to tell with any one even with my family members. please suggest

1 Like

Sivakumar (-n.a.-) 09 March 2013

Dear VSR, you may take help from this group.

https://www.saveindianfamily.org/contact-us/

Sivakumar (-n.a.-) 10 March 2013

Dear VSR, you may take help from this group.

https://www.saveindianfamily.org/contact-us/

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 10 March 2013

Dear VSR

no need to come india in this situation because if she filed any complaint against you to Passport Authority, they have right to impound you passport till the judgement of the case and the case will be registered u/s 498A , 307 IPC.

in these cases you can not get regular bail easily, so first of all collect all the documents as FIR, Chargeshhet if filed by Police, and consult with a Lawyer online or over the phone after that if possible and your lawyer gives you advbice to come india only then think to come otherwise not.

Feel Free to call

Nadeem Qureshi (Advocate)

Chember No. D-720, Karkardooma Court, Delhi

email : nadeemqureshi1@gmail.com

web: nadeemqureshi498a.webs.com

Mob: +91 9953809956

+91 8802305262

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 10 March 2013

The charges against VSR are serious so do not remain under any illusion that you will not be arrested while visiting India

You should get all the details and try to get bail than can othewise as you give details of other side there may be look out notice on all Imrigation computors and you will be arrested on arrival.