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renu (consultant)     25 March 2010

Mahila Samiti?? after 498A and Maintanence..

My friend quashed under 498 A after 4 years of marriage (2004). the lady stayed with him for 7-8 days and thenafter run  away to her father's home and filled a case of 498 A. since the boy was not aware with this this case as he came to Delhi (earlier was in bihar) for livlihood and nobody from family informed to him any thing about case due to bad terms with father.

In 2009 sep< police came and arrested him from his rented home at Delhi and he was behind the Bar for 7 days and then came out on Bail and final Bail was done in a month.

In between the lady has filed maintainance case as well from Delhi, now 498 A hearing is going on Bihar and maintainance hearing is going on Delhi.

The lady is calling to other relativs of boy asking asking for  upto Rs. 5000 Monthly maintainace though the boy has lost his job and decided to go back to village and do the farming.

Today the Sister's husband of Boy has receivied a letter from mahila samiti Patiyala house wherein its mentioned that he hs to present on 4 April for a hearing.

My Question is:

.1 Is mahila Samita is a court?

2 Is mahila samiti is empowered with all judiciary rights

3. can we ask there for a lum sum settlement amount..

4. the sister's husband of boy was not married even when this case was filled, do he need to present there as that lady is trying to drag him allegdly.

Please suggest



Learning

 10 Replies

renu (consultant)     28 March 2010

thanks sir,.. one more thing if girl is insisting to take monthly maintainance rather then a lum sum amount though the boy is not capable enough to pay that ..what will be the way also do u deal with such cases can we contact you

renu (consultant)     09 April 2010

In continuation of harressment, the girl has filed now Domestic voilance case as well??? What does it mean, as pr my lawyer the lady filed this case she wants to show that see is intersted in staying with the boy again though she is not.... she is doing all these thing to harress the boy badly.....to make more moneyyy

is there any way where we can request to the court to find out any mutual settlement way.?? can you please suggest the way to represent.

renu (consultant)     09 April 2010

its mahila samiti


(Guest)

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.9271971251

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

REGARDINGTHE MATTER KINDLY NOTE THAT.

1.THE BOY WAS ARRESTED UNDER SECTION 498A CASE AND WAS IN JAIL FOR 7 DAYS AND NOW ON BAIL. MAINTAINENCE AND DOMESTIC VIOLENCE ACT CASE FILED. MAHILA SAMITI IS CALLING OTHER RELATIVES. KINDLY NOTE THAT.

2.BOY IS ON BAIL HE MUST HAVE RECEIVED THE COPY OF COMPLAINT FILED UNDER SECTION 498A OF INDIAN PENAL CODE. JUST CHECK  THE F.I.R. WHETHER ANY OTHER NAMES ARE INCLUDED AS ACCUSED IN ADDITION TO THE NAME OF SAID BOY.

3. IN CASE THE NAMES OF HIS OTHER RELATIVES ARE ALSO THERE THEN  ALL OF THEM SHOULD FILE ANTICIPATORY BAIL APPLICATION TO THE DIST AND SESSIONS COURT OR HIGH COURT TOTAKE PROTECTION AGAINST ARREST BY THE SAID POLICE STATION.

4.DOMESTIC VIOLENCE ACT NOTICE / SUMMONS WILL BE SENT TO ALL PERSONS NAMED IN THE COMPLAINT AS RESPONDENTS. THEY CAN APPEAR IN THE COURT AND FILE THEIR SAY IN THE COURT.

5AS FAR AS MAHILA SAMITI IS CONCERNED IT IS  FORMED AT LOCAL DIST SUPDT OFFICE AND CONTAINS MOSTLY ALL POLICE CONSTABLES INCLUDING LADY POLICE CONSTABLES IN THE DST OFFICE WHO CALL HUSBAND AND WIFE AND TRY TO COMPROMISE THE MATTER. BUT KINDLY NOTE THAT  YOU HAVE TO BE ALWAYS CAREFUL AND TAKE PRECAUTION, POLICE ARE ALWAYS POLICE AND THEIR ATTITUDE WILL NOT CHANGE THEY WILL TREAT YOU LIKE AN ACCUSED AND THERE IS A RIST THAT IN CASE FAILURE OF TALKS OR CONCILIATION THEY WILL ARREST THE ACCUSED.

HENCE IT IS ALWAYS BETTER TO APPLY FOR ANTICIPATORY BAIL FROM THE SESSIONS COURT OR HIGH COURT AND TILL THE SAME IS GRANTED ,JUST CHANGE THE PLACE OF RESIDENCE AND DO NOT VISIT ANY POLICE STATION EVEN IF THEY CALL YOU. THEY MAY ARREST YOU.

ONCE YOU GET THE ANTICIPATORY BAIL YOU TAKE  YOUR SURETY WITH ALL PROPERTY AND IDENTITY PROOFS OF SURETY AND PHOTO OF SURETY AS PER DIRECTIONS OF COURT AND SUBMIT THE SAME TO THE CONCERNED POLICE STATION. THEN YOU WILL BE SAFE AND POLICE CAN NOT ARREST YOU.

YOU MAY WRITE OR CALL AND SEND DETAILS IN CASE ANY FURTHER HELP IS REQUIRED.

GOOD LUCK.

THANKING YOU

YOURS SINCERELY

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

renu (consultant)     11 April 2010

sir, the boy and his father both got perment bail are papers are already sumbitted, we are seeking help to get this case closed by paying some amount to that lady...


(Guest)

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE 9271971251

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

REGARDING THE SETTLEMENT OF MATTER KINDLY NOTE THAT.

1.YOU MAY KINDLY NOTE THAT SECTION 498 A IS NON COMPOUNDABLE SECTION OF INDIAN PENAL CODE. IN OTHER WORDS IT CAN NOT BE COMPROMISED MERELY SUBMITING JOINT APPLICATION OF HUSBAND AND WIFE.COURT WILL CALL THE COMPLAINENT IN WITNESS BOX AND STATE LAWYER WILL TAKE EXAM IN CHIEF OF COMPLAINENT AND HENCE IN CASE THE MATTER IS TO BE COMPROMISED IN COURT THEN THE ADVOCATE OF ACCUSED SHOULD BREF THE COMPLAINENT ABOUT THE ANSWERS TO BE GIVEN TO THE QUESTIONS ASKED BY LAWYER OF THE STATE. IT IS VERY IMPORTANT THAT WHAT REPLY THE COMPLAINENT GIVES TO THE QUESTIONS ASKED BY THE STATE LAWYER.

THIS NEEDS EXPERT HANDLING OR ELSE IN CASE ANY  MISTAKE IS THERE IN ANSWERING THE QUESTIONS THEN CHANCES OF CONVICTION OF ACCUSED ARE THERE, HENCE DO NOT MAKE ANY HASTE AND HANDLE THE MATTER WITH CARE. AND DO NOT MAKE ANY PAYMENT TO THE COMPLAINENT AS ONCE SHE GETS THE PAYMENT AMOUNT  SHE MAY CHANGE HER MIND AND WILL NOT COME IN THE WITNESS BOX AND WILL NOT COOPERATE. HENCE IN CASE THE MATTER IS TO BE COMPROMISED THEN IN ONE DAY ALL TRANSACTIONS BE COMPLETED. COMPLAINENT AND ACCUSED SHOULD SUBMIT JOINT APPLICATION TO THE COURT  FOR COMPOUNDING THE OFFENCES .COURT  WILL ALLOW AND COMPOUND THE COMPOUNDABLE OFFENCES. AND THEN NON COMPOUNDABLE OFFENCE 498A  CAN BE  CANCELLED BY EXAMINING THE COMPLAINENT AS MENTIONED ABOVE.

THEN COURT WILL PASS ORDER AND ACQUIT THE ACCUSED.

YOU MAY WRITE OR CALL AND SEND DETAILS .WILL HELP YOU

WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.

THANKING YOU

YOURS SINCERELY

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE


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