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Vishal (Lead)     17 May 2011

Misuse of 498a/406 DV

Hi All

 I got married in the month of Jan 2011 at Agra . I am a Computer Engineer working in an MNC  at Noida and she is also a Software Engineer working in one of the MNC at Noida. We stayed at Ghaziabad.

After few days of our marriage problem starts wherein we find that the Girl is not keeping well. She fall ill (Vomiting, depression, Eating Disorder, Irritation, Stress etc.) most of the time. She also got Thyroid Disorder due to which she was loosing weight & her problems were not disclosed by her parents side prior to marriage. Also, she use to think about her past which was full of friends.

After few weeks she started saying that she does not like the marriage as for the sake of her parent’s happiness she had done this arrange marriage. We got her past love letters and Valentine Cards and disclose the problem to her parents.  She doesn’t shown any kind of interest in house hold activities and had never maintained physical relationship. There is was lot of interference from her Parents side who use to come every now and then .My parents lives at Agra.

 On 10th April 2011 her Father came to Ghaziabad and had taken her daughter with him and she was not well (Vomiting, Eating disorder, stress etc) however everything was fine at that time. I also disclosed about her problems in detail to her father.

On 29th April 2011 her father called my Father to bring 17 Lac rupees to Bareilley else he will file a false case of 498A/406 against us which came as a shock to us. I am the only son of my Parents and we were always supportive. Now we feel cheated and harassed and my mother is not keeping well after hearing this. They planning a false 498A/406 case after 1.5 months since her daughter left our house. We have already filed RCR on 5th May 2011 and informed SSP by complaint and intusion of false FIR 498a/406 week back.

Human Rights Comssion was also informed about this activity. Now what all measures I need to take please suggest.

 

Thanks.



Learning

 4 Replies

Sanjeev (Lawyer)     17 May 2011

1.As a precaution try to keep a track at the police station where they reside so that if any complaint/FIR is registered you may know beforehand.

2.In the event the FIR is registered - you will need to apply for Stay of Arrest from Allahabad HC so find a lawyer contact whom you would need for applying for stay of arrest- but that can be applied for only once FIR is registered. As AB is not applicable in UP.

3. If you fear FIR registration as has been said by your inlaws would suggest that try shifting to a alternate residence that is not known to all.

4. Once FIR is registered than you and family can be arrested without warrants so try keeping a track of FIR try developing some sources in the local police station at your wifes place.

5. Lastly keep some money handy that you may need in case of emergency.

Vishal (Lead)     17 May 2011

Thanks Sanjeev....we have a lawyer who will support in taking Stay of Arrest and bale thru Allahabad HC. We also shifted to a different location as well.

Need to know what all information is required in taking stay of arrest.? Does it requires copy of the FIR or  some information like ( FIR number, date, section, persons) will solve the purpose.

Sanjeev (Lawyer)     17 May 2011

FIR copy would be needed rest details like Sections/Date/persons charged are written on the face of FIR. Allahabad High court would just provide stay of arrest and transfer the case for mediation. If mediation fails then ypu will need to apply for regular bail from the court having jurisdiction (means where FIR is registered). HC dont grant bail unless its rejected at the Sessions court,

Thinking about that will be thinking too much in advance so just take the precautions and act when the time comes. May be you dont face this situation.

 

altamash sheikh (Student)     17 May 2011

My brothers wife book entire family in false 498A and 307. right now my mother and sister is in jail looking for bail.
my entire family is scattering just due to this 498A.


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