I am a victim of misuse of 498A and 307 IPC.I have not been allowed to meet my daughter and my wife by her family members since 26Oct 2011. Kindly suggest me how do I meet my daughter.Being a father I've full rights of access on my daughter. I've not even seen my daughter of 3 yrs.
Kindly go through below for details of case.
1. That on 16/04/2011 my wife quarreled with me for some small issue. We (me & my wife) planned to go out for a drive in the evening for occasion of Bihu and would have dinner in some of her favorite restaurant. Knowing this my sisters wished to accompany us and arrived my flat in the evening and seeing them my wife suddenly decides not to go for the drive. I requested her but she started quarrelling and did not agree to go for the drive. After sometime she called up her brother and in a short while all of her family members arrive my flat and starts scolding me & my family members. Situation arises when my wife slapped my sister and my brother in law assaulted me physically. Thinking it a family disaster and time could be the best remedy for it I didn’t approach Police.
2. That on 23/04/2011 mother in law along with one of their relative taken away my wife and my daughter from my flat in my absence and I could not make any communication with my wife and daughter till 10:30 in night I had lodged an FIR in nearest PS and a case 776/11 was registered u/s 366 of IPC.
3. That on 24/04/2011 I came to know that my wife had lodged a complaint furnishing false information in All women’s PS and a case was registered u/s 498A & 307 of IPC against me and other four of my family members. Moreover my wife had given the same false statement on oath u/s 164 of CRPC and used the declaration as true knowing it to be false.
4. That the honorable High Court had agreed for interim bail to other four family members and my bail application was rejected. After staying 2 months in her maternal house my wife had given an affidavit in favour of my anticipatory bail to the honorable high court mentioning that she does not have any complain against me and she wants to reconcile her conjugal life. Hence we started living in the same flat from 02/07/2011. Even then my mother in law and other family members did not stop their conspiracy and started insisting my wife to go back to her maternal house and on many occasions she also tried to convince I should rather stay with them as GHAR JAMAI.
5. That on 23/10/2011 my in-laws family members came to my flat in the evening and they apolised for whatever they had done out of anger and to teach me a lesson for not becoming their GHAR JAMAI. They also promised that they would withdraw the case against me and would soon visit my parents home to have a talk with my parents. They asked my wife to come with them for paper work to withdraw the case and till 26/10/2011 my wife stayed at her parental home.
6. That on 26/10/2011 my wife calls me up and asked me to pick up her from her parents home. I reached their home at around 4:30 pm. My daughter was very happy to see me and started asking me for a ride on my motor cycle. Suddenly my mother in law arrives the drawing room and asked me to leave their house and also said she wont allow her daughter to stay with me anymore. She also asked my brother in law to snatch away my daughter from my lap. I was insisting on calling upon my wife but later I could come to know that she was locked in a room not allowing her to meet me.
7. That on 26/10/2011 later I was later beaten up by her family members resulting grievous hurt and fracture to my right leg. My daughter was also hurt while snatching her away from my lap. Later the family members of my wife make hue and cry and tried to create a situation of Dacoit. Few of their neighbors and tenant rushed to the place and recognized me and started scolding them for making it a situation of Dacoit and also informed my parents. Later brother-in-law had taken my wife to Dispur PS to lodge another complaint against me to get me arrested.
8. That on 26/10/2011 my wife furnishing the same false information used in case in earlier case and a new case no. was registered u/s 498A & 506 IPC. This is worth mentioning that there is no such element in the FIR sufficient for 498A & 506 IPC. Later Police came and found me lying on the floor with several injury and I was immediately shifted to the nearest Hospital for treatment by my parents and later awe registered a case u/s 325/34 IPC.
I have approached family court for Restitution of conjugal life and guardianship of my daughter and two different cases have been registered u/s 9 of Hindu Marriage act and u/s 25 of GFW act respectively.
I still love my wife and ready to accept her even she has done such blunders to me and my family members. Kindly do me a favour arranging to meet my daughter. I'm not comfortable with the family court since I'm getting nothing except new dates till 5 months of the incident.
Thanks & Regards,
Jitendra Baishya
Guwahati
