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suresh (hhh)     02 December 2009

Please help me against dowry act

Hi,

My wife filed 498a against me and my family thru high court bcus of her father compulsion... So i filed section 9a RCR(i guess) , asking court to make my wife to live with me...before engagement, my frd got a new mobile connection number on his name and he gave it to me...i was used it from the first day after landing in india from US...till now, i'm using the same number..and i'm paying my bill on this number thru my debit card...my wife wants to live with me...but she is getting afraid bcus of her father...they are blackmailing that they will drink poison and all...so she refused to come with me...in between, she sent so many SMS to my mobile number(which was given by my frd) like, she can't live without me..and she likes me very much...kind of SMS..... suddenly her father called my frd by tracing somehow..and threatened my frd as he will make him trouble bcus of this mobile number...and he will make toruble to my frd family...my frd got scared bcus of this...my father in law asked him to get SIM card and memory card from me and destoryed...

Please help me on this ..what can i do now? i don't want to trouble my frd and his family....if i disconnected, then i can't provide my evidence like SMS and voice recording and all...

Please suggest me....its very very urgent...

thanks



Learning

 2 Replies

S.MANIMARAN (Advocate)     02 December 2009

You did not given any details regarding the 498 and what is present stage of the case at same whether your wife appeared in your case and did she filed any counter in the same.this is one party of your questing and regarding the your frd ask him to give a police complaint that your father in law has threatend him in concern police station and solve the issue if  the complaint is not taken by the police due your father in law pressure give it to thecommissioner of police,so they will deal with your father in law, and last party your query  how you can save the evidence  please go any know mobile shop and ask them whether there is any option for transforming the content to another sim card or memory card the sms and voice recording

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     02 December 2009

You have 3 issues.

1. The complaint filed under section 498-A IPC pertains to allegation that you had subjected your wife to cruelty. The complaint has to be preferred by your wife. If your wife loves you, how this is possible? What happened to the complaint ? what is the stage?

2. You have filed a petition for restitution of conjugal rights, propably with the assistance of a lawyer. Whether notice served on her? Then both of you will be sent to counselling centre where you have opportunity to discuss and convince your wife. SInce you have your own lawyer, you can clarify your doubts and seek help from him/her.

3. As far as the mobile number and sim card is concerned, as suggested by Mr.Manimaran, your friend can give complaint agaisnt your father-in-law. You can get the messages transfered and stored to another memory card. You can also transfer the sim to your name with consent of your friend by applying to service provider.

If you donot want any problem to your friend and his family and if you are really such a good person go with elders and talk with your wife and father-in-law and sort out the issue as this is family dispute.

 


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