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AMAR SINGH   21 April 2016

Suggest on 498 A

Dear learned fraternity. My only daughter got married in Dec.2013. In 3 months she had to come out of her matrimonial home at Bangalore unable to bear the mental cruelty let on her by the boy and parents. we shifted to Chennai and filed divorce case in Chennai family court in May 2014. The case is still pending. HER ARTICLES AND JEWELS ARE NOT RETURNED EVEN AFTER 2 YEARS. WE PREFER TO FILE 498A CASE NOW . CAN WE FILE NOW? WE HAVE TO FILE AT CHENNAI OR BANGALORE? OUR FAMILY IS IN GREAT TROUBLE. PLEASE HELP US BY REPLY AND SUGGESTION. Regards. Amar Singh, Chennai


Learning

 16 Replies

Vijay Raj Mahajan (Advocate)     21 April 2016

Firstly of the stridhan or dowry articles of your daughter have not been returned till date even after being demanded, she has right to seek redresal under section 406 IPC. If the wife had been inflicted with cruelty by dowry demand and harassment, she can seek prosecution under section 498a IPC. Now you can lodge formal complaint in Bangalore if these two acts were committed by the husband or his relatives there. Dowry demand at, and refusal to return stridhan or dowry articles if made from Bangalore give territorial jurisdiction to police of Bangalore.

AMAR SINGH   21 April 2016

Our sincere thanks for your valuable suggestion.

(Guest)

Please remember, filing 498a under DP act is easy, but if you have given dowry, that is also an offence and is as punishable as dowry asking/demanding.

 

I suggest you not to take the 498a route, and rather settle things amicably, it might appear to you now that 498a filing is the only option available, but once your daughter files it, she will be branded as 498a wife and will have lesser or no options in future for re-marriage.

You will be there for some more years, but you should remember that ur daughters life is much more longer than yours.

 

You talk to boys side   and see if they can re-concile, what if your daughter lied to you that they threw her out?  Look into all aspects of the matter and then come to a decisoin, once you file 498a the marriage is over and your daughter may be just left with you and the jewels (which may or may not be gotten by you through court).

 

If nothing works out, better go for mutual divorce, keeping in mind age of daughter, time is ticking and 498a will not get over easy, 5-6 years time it take to get over. See what is important, jewels or life of daughter which is more precious than jewel.


(Guest)
Yea u can file....its ur decision what u gonna do...think of will u let that MSN escape who has ruin ur daughters life...or u will let him go.....

AMAR SINGH   21 April 2016

Sir. the disgraceful act of boy came to foreĀ from day one... He happens to be a sadist. Made her to cry almost every night. we want to drive that fellow to succumb to justice.

AMAR SINGH   21 April 2016

AMAR SINGH   21 April 2016

AMAR SINGH   21 April 2016

AMAR SINGH   21 April 2016

AMAR SINGH   21 April 2016


(Guest)
Sir, I can understand your situation. If your Daughter wants divorce - best is mutual divorce. Regarding Dowry cruelty discuss with a senior police officer with your facts & evidences in Chennai only where she is residing. If they suggest , than register a complaint. Police will register the case under relevant sections based on their investigation. In divorce petition do mention during hearing that your making a official complaint regarding Dowry cruelty. It will take time - 5/10 years from them to be fined & give your articles. Only if police is registering FIR & submitting charge sheet, than consult a lawyer to fight the case.

(Guest)
- 498A is a 5 to 10 year journey during which your daughter will not get her jewels nor will she get divorce. Her life will hang at the mercy of this boy and the courts. - You will be traveling police station and courts throughout this time. - In court, you will have to prove cruelty that could cause injury to life or limb connected with demand of dowry. It has to be proved beyond reasonable doubt. It is very difficult to prove and 90% cases end in acquittal. After acquittal boy can file more cases on you for malicious prosecution, if he wants he can drag you in courts for rest of your life. - The boy will also file some frivolous criminal complaint on you in parallel and there will be more running to courts for you and your daughter. - Nobody will marry a 498A girl. - Justice is served when your daughter remarries and lives happily ever after. Fastest and most effective way to get this for your daughter is to talk with other side and get mutual consent divorce at the earliest. Tell them that if they return the jewels and give consent for divorce you won't file any cases. Take what you can get and move on.

AMAR SINGH   22 April 2016

SIR, a COMPLAINTWAS ALREADY FILED IN MARCH 2014 IN A LOCAL P.S AT BANGALORE WHEN MY DAUGHTER CAME OUT OF HER MATRIMONIAL HOME OUT OF MENTAL CRUELTY WITHIN 3 MONTHS OF HER MARRIAGE. A NCR(Non Cognizable Report) was genarated and given to us. OUR CONTEST DIVORCE CASE IS GOING ON IN CHENNAI. AT THIS STAGE WE WANT TO REVIVE OUR OLD COMPLAINTAND PROCEED AGAINST THE BOY's FAMILY NOW. WHAT IS THE FEASIBILITY ? PLEASE ADVICE

(Guest)
498a is a cognizable offense. If old report was non-cognizable, it probably did not disclose a 498a offense.

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