show cause notice to Father in law

 there was small correction im posting the above with necesarry corrections ,,,plaese do give ur valuable feed back

This is Shiva from hyderabad,a false 498A and DVC case was filed against me. I have sent RTI Application to my father in law organization (FL) asking about what action will be taken against my FL who indulge in giving or abet in giving dowry?

After that, I got reply for that RTI stating that if proved that my FL has given dowry, action will be taken against central civil services( CCA) rules 1965. they have clearly mentioned that they also adopts central civil services conduct rules .

After that I had filed formal complaint to the organization of my FIL, sending the charge sheet and FIR copies of my 498A Case which are certified copies from court where he has already accepted of giving dowry. After that i have sent RTI asking about the action taken on my complaint . After that a show cause/memo notice was issued to my FL to offer his comments against violation of employee conduct rules like Dowry Giving.I got reply to my RTI from my FL organization with a copy of his (FL ) comments on the show cause notice.

with reference to letter datewd xxxx at para no xxx shiva(me) has wrongly stated that ,I have accepted giving gifts of gold,silver,dowry and othet house hold articles,the complaint is lodged by my daughter and the case is pending before the court as such the matter is subjudice.The above mentioned allegations are false and baseless and they are not binding on me nor I am answerable to shiva,as I am Law abiding citizen and respect and follow rules of our department.when the matter is pending before the court,shiva reserves his right to put forth his case and finding or outcome of these case can be taken to the concerened authorities,when the matter is subjudice SHIVA should be curtailed to resort to these kind of activities which also come in the way of conducting proper investigation as the kind of activities will result into tampering the evidenceswhere as the court is pnpowered and has got jurisdiction to deal legally only the out come of it is binding on a person and no complaint of this nature which do not have confide intention and are made only to gain personally by making use of legal procedure wrongfully should be returned.

until and unless a charge is proved before the court ,shiva shall have no right to resort to this nature of complaints.
hence I request oirganization to kindly with draw the memo for the facts and reasons mentioned above ,otherwise i shall be put to irreparable loss of injury.

I have asked through RTI certified copy of the office note through which the application was dealt and the name and organization replied to my rti with the above mentioned subject has.office note staements are from different officers,,,

1) office note of one officer states that examined FL comments and says that FL is correct has complaint was lodged by his daughter and the case is between my wife and me.hence subjudice until the verdict finding of the court available we cannot proceed n this matter.. .

2)office note of 2nd officer staes that mater is not subjudice and shall be informed  ,FL shall be informed that his explanation not satisfactory ,since the case is not subjudice and if agreed,a memo to effect the viloation of CCS for giving dowry may be served to him duly calling for his explanation as to why disciplinary action should not be intiatted against him.

these are the official notes which i have recieved with abouve comments from FL can any one please suggest how to go abouit this case now...

Thanks aand Regards
Shiva...

Shiva, the moot question is - was the dowry demanded!. Despite so much of reforms and education (being prized, adds more to the misery!) the dowry system is flourishing and the parents of any girl are in a vulnerable position . Therefore, it is unjust to punish them twice - a double jeopardy of having pushed to pay dowry and then getting punished for paying it! .  These are my personal views.

Dowry was not given , but my wife and her parents in 498a and dvc claims that they have given 10 lakhs dowry .with this cases my family got suffered alot.my mother expired with heart attack. i m posting my case ...please dont feel that every time the boy will be wron in dowry cases. There are lakhs of families now  days graspped into false dowry cases...

 I got my married in may 2007.The girl was not interested in the marriage and was not interested in the matrimonial life with me .So our both families kept this issue in panchayathi commity in june 2007 . There after listening to both conversations they ended by giving divorce and I have to return the belongings  which is given by the girl. We followed the panchayats order and returned belongings,the panchayat has given written statement that everything is recieved from boy's end and given statement by panchayat that both parties should not file any case against each other.From that day I didnt had any kind of relation with them.


After 1 year the girl filed 498A case against me and my family .I was arrested and remanded for 1 day. Now I am on bail. Now she is demanding 10 lakhs to with draw the case.can some one help me in this case . I am looking for desperate help to protect my family.

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I can understand your predicament and the wrath of abuse of a law meant for genuine issues. Would suggest that the families engage through the same panchayat members (some of them who can actually bring about an amicable settlement. Your endeavour should be - legally protect yourself from any abuse and  parallel efforts for a conducive atmosphere where the families can sit and resolve the matter. Best WIshes,

Vasudevan

His predicament (and all other husband's against whom such criminal cases are slapped) would not stop here, wife's party would have filed maintenance cases (sorry DV already has that provision), rubbing salt on already swollen wound and make the matters worst due to these draconian laws, which blatantly favour wife's ( i don't say females since the same 498a/DV would act against mother-in-law, who is female but doesn't have any favor).

Adding to this judiciary, lawyers, counsellor's, everybody look at boy as the chief culprit in the matrimonial issues. Maintenance is awarded to wife's liberally, even when the boy is not working saying that he has got duty to maintain wife. But the very same people, don't talk of the duties of the wife. In enacting the laws, it appears, they have forgotten to include the wife's duties.

You rightly said these laws were made for people (downtrodden, poor, who doesn't access to law), who really will not use them, since they can't afford to come to courts and afford to employ a lawyer and even lawyer's don't find any incentive to help them. Instead they find all reasons to aid the well-to-do families, who want to spoil the boy's families.

It is open secret that the lawyer's advice the wife's families to slap all the cases to destroy the boy's families and make them to come to their knees so that they accept all the wife's family demands, in the process lawyer's will benefit through commissions in the MCD.

In my case, I filed for divorce, but the wife didn't file any 498a/DV, so my lawyer is very sympathetic towards her since she has not filed those cases, and he says her lawyer is not advising her properly, so I escaped, but he is failing to see the other fact that they were deliberately delaying the case, to spoil my life and career as she doesn't want to live with me neither she want's to give divorce easily ( I say easily bcoz, she wants to give divorce only on the payment of 50L).

lawyer's and judge's see daily lakh's/crore's of cases and still they don't see any reason to recommend amendments to the law. The matrimonial laws in the present form can be used by the wife's family to settle scores with the husband's.

I wrote something directly from the pain I'm going through. And don't see, how can I fix my personal and with it my career life.

Sir, you have commented that both families sit together, but in reality if the other party (most likely the wife's family, I say this bcoz out of this dispute only she could demand alimony/maintenance and all other form's of financial assistance through law, i.e legally), will not relent for this compromise unless their demands are met, which usually will be huge. Given a chance, nobody will agree to settle for less, when they have hope to get more.