Want to proceed against husband and his family under 498 a,

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Thanks for your witty response.

True, marriage is not like buying fruits; but then marriage is really not like buying fruits for the other party as well; he cannot taste and then throw the remains in the dustbin as they say.

My sister’s primary mistake has been this that she did not report to the police station when she was beaten badly by her husband. How should she prove this?

Then, how to prove the mental torture which is many ways worse than the physical one?

And, what about stating all your case honestly?

So one who files a petition/report full of wild allegations and dirty and filthy charges has an upper hand when it comes before the court?

Because as you say if one is complaining in simple terms the mental torture and dowry harassment, then she is complaining of oranges and apples gone sour and it would be better for to resolve it otherwise as the courts have no time for such trifles.

Let me tell you here that in the present case, my sister has been taken for a ride by her husband who is has been a lawyer himself and who threatened her several times that he would concoct and manipulate the whole thing in such a way that she and her family won’t be able to do anything.

And, we have come to know that he has recently files a divorce case under section 13 on the sly. We have not known it formally but we have been informed by some sources that he has done it away in Allahabad. It is his move to preempt our actions.

He did not but a single thing out of the money they took from us. He claimed to be a legal manager/advisor with six lakhs per annum salary with perks but now he claims that he has no money and is jobless. Isn’t it a ruse to decoy? To avoid the attack under section 125 and section 24?

Her mother and sister took all the jewellery from sister in the name of keeping it safe in the family locker. Now they would say that it has been taken away by my sister.

It is a classic case of fooling and tricking party of smart people. Now you would say to the one who has been cheated as to why she/we let ourselves get cheated.

And what their lies?

The boy, his sister and mother are inveterate liars, which can be proved by several instances and documents; but then they will again fool all by their smart lies. How does the court handle liars?

So what should we do?

Mr. Sanjay,

If your case is genuine then get help from a local lawyer & proceed. If your aim is just causing harassment to your sister's husband & his family then "Think 100 times before taking any such step".

We all are human beings. We are not machines. We all commit mistakes.

Marriage is a sacrament & not just a contract. I suggest you to go for mediation.

If that son of a b*tch has harassed your sister then you need not retaliate in the same manner. You just keep faith in GOD and trust me, GOD will push the guilty.

My case is exactly opposite, my wife has filed false cases against me & my family. I could have forgave her for what she did to me BUT I can't forgive her for what she did to my innocent parents & relatives. I have all the facts & I am fighting my case with facts & merits.

If you don't want any money from your sister's husband and just want him to get punished then file a case under relevant section. False Dowry Claims & Domestic Violence claims you can cause him & his family harassment BUT you will compromise at one point  (2-3 yrs) & he won't be punished in true sense.

Follow the Chanakya Niti = Sam, Daam , Dand & Bhed!

1) Try to settle the matter with mediation

2) Talk to the other party nicely & tell them what could happen if you will take legal action. DON'T PASS ON THREATS! Else you are no different to them.

3) In you are on the side of Truth then FIGHT FOR JUSTICE!

I personally wish you All The Best! for mediation. Try to save their marriage. GOD bless you!

I agree with Girish and Need Justice. Besides, the biggest loser from your aim to seek revenge, is non other than your own sister. Once she is know as a 498a bride or Judicial Bridezilla, her prospects of her ever getting married is slim to none.

Having said that, no judge is going to punish anyone just because you asked for it. It will have to proven in court before any judgement can be made. Remember, filing false 498a cases (without evidences) or DV etc will also come back to bite you under perjury. As you mentioned, your brother in law is an LLB, he might have a upper hand here, unless you are willing to throw huge amount of money at lawyers. I am also sure that your Bro In law probably knows that 98% of the 498a cases end in aquital of the accused. The remaining 2% will probably appeal in Sessions, then high court and then supreme court and drag this on for another 10- 15 years. If you want a real feel for what happens at court, try going with your family and sitting in a trial court in your area for about a week. Imagine having to do this for atleast 2 times a week for 10 years!!!

Leave all ego aside, play it cool, think about your future of your sister and family and try to get your sister out of the marriage amicably. Hope and act for a better life for your sister!

Both of you are absolutely right and I really appreciate your response. I am sincere in my search for help here.

What you have advised in your response, that man, the husband of my sister, has been threatening the girl with just two-three months after the marriage in April last year. He has been saying same things: that he has been an advocate; that he knows well how to frame the girl and her family; that he will tear apart the character of the girl in the court; that he will go absconding; that he will manage it in such a way that his family will remain unaffected; so on and so forth.

I know well that the divorce cases are dragged for years in the court and the respect and dignity of the concerned parties, especially the girl side, are torn apart in court battles.

I have thought not hundred times but ten thousand times about going to police and court and take recourse to 498A and other legal tools. In fact, as of today, we have not done anything are still thinking of an amicable settlement.

But, and this but is bigger than ordinary buts, an amicable settlement can be had only if and when he is ready for talk and discussion along with family elders from both sides. He, his sister and his mother are running away from any face-to-face discussion in the company of elders from both sides. The fact is they are rogues and fraudsters and I have discovered several papers which show they have been tricking and fooling us and others.

They gave misleading information to us and to others. They have been sacked form the companies they were working for. They have been threatening us through various means not to talk and contact any officer of those companies.

I have been calling and contacting all the elders from their family to sit together and resolve it amicably and part our separate ways. But they won’t come around. He put my sister in an accommodation in NCR and went away for more than a month, lying to her and to us all. Then we learnt that he filed a divorce case on the 19^th of September 2013, leveling all sorts of false and fabricated allegations against my sister and my family.

What to do now? Should we not contest those allegations?

I would have agreed to mutual divorce if he were to talk to us and had not leveled extremely rotten and false allegations (like my sister has ran away with all their jewellery; that she is mad; that she is a pros; that we have beaten him and the like).

We would still not go for 498A or such legal help; but what to do now?

We are ready for an amicable solution if he withdraws that divorce petition full of sh*t and both the families sit together and discuss the whole issue.

One thing more: they took money from us, took all her jewellery, did not buy any house-hold item, did not keep the girl for more than 50-60 days in the last 16-17 months, beat her, abused her, and now filed a divorce case against her; what should we do?

Believe me, we are not those families who would like to go for divorce because it stigmatizes the girl socially and traumatizes her psychologically forever.

But this man is a fraud: he has presented varied informations about his age, name, address, job, property, etc in various important documents like PAN Card, driving license, rent agreement, matrimonial profile. Now we have known it all. Still we would want to go the peaceful way and not go to police and the court. But he has gone to the court.

We are 100 percent genuine in our grievances. But then who will trust us.

Sanjay, I understand your pain and yes, you are defintely in a tough situation. I would also like to say, yes, now a days people are a bit skeptical on believing a girl who is wanting to file 498a. The law has been misused so much by scruplous women so much that the women who actually get tortured become the victims. The mindset is changing from woman is the victim to man is the victim in these cases. Even supreme court of India has stated the 498a is "legal terrorism". However, all that aside, here are a few questions for you:

1. What is the net worth of ornaments and other things that he has taken from your sister and your family?

2. Are you able to prove his fraud and can you prove it 100%? 

3. Would he be able to prove any allegations that he has mentioned in the divorce petition? 

4. How old is your sister and what does she do? Does she work?

5. What does the guy want? Just divorce or something else?

6. What is her stand? Does she want to live with him or does she want to get away from him?

1. What is the net worth of ornaments and other things that he has taken from your sister and your family?

Ans. First, it is not money, ornaments, etc that is what we are feeling bad for. We spent over 12 lakhs in total including all expenses on functions, gifts, cash, clothes, etc. The sister and mother of the boy cleverly took all the jewellert from the girl in the name of keeping it safe in the locker. They never returned it, finding excuses after excuses. And now the boy says in his divorce petition that the girl has taken away all her jewellery along with the jewellery of mother and sister.  This false accusation hurts and vilifies her character. Then they said they wanted all in cash, saying they would buy the household things as per their choice. They did not buy anything; rather they kept asking the girl to start working and arrange these things on her own gradually. Then the boy kept the girl in bare minimum conditions whenever she went to him, where he claimed he worked as a legal manager with salary of Rs 6 lakhs per annum with perks. Either he was lying or he intentionally did not want to keep her in good condition, forcing her in a way to keep away and start working.

2. Are you able to prove his fraud and can you prove it 100%?

Ans. Well, he is a liar and expert cheat; so it is not easy to prove his fraud so quickly; it will take time but then I will have to fight it like a mission, disturbing the peace and balance of my family. But yes, his lies can be nailed if he is questioned along the lines in the court or by the police. For instance, the informations given by him in his biodata on the matrimonial site, rent agreement, etc show much variations.

3. Would he be able to prove any allegations that he has mentioned in the divorce petition?

Ans. No way. All these allegations are wild ones, throwing mud on the character of the girl. These are in fact laughable.

4. How old is your sister and what does she do? Does she work?

Ans. She is 35; he is 41. She is qualified to be a college lecturer. She was working before her marriage. She is now looking for a job and will surely start working if she has survive the vicissitudes of life by stabding on her own.

5. What does the guy want? Just divorce or something else?

Ans. It looks that he wants divorce without him parting with anything from his side and also on the basis of his wild and dirty character assassination of my sister.

6. What is her stand? Does she want to live with him or does she want to get away from him?

Ans.  Well, after all these charges in the divorce petition, she is in no way going to live with this man. But she wants to have her honour and respect, which cannot be vilified by this fraud of a man.

So if we do not contest his charges and do not move 498A, etc, the divorce will easily take place; and the man will be shown to have used her, abused her, taken all her ornaments and  done it all at the expense of our money and our money.  Frankly speaking, I do not want to move court, etc. But then, I am left with no choice. Look at us, we have not applied 498A; rather its much advertised misuse by women is coming back to harm us.

Mr. Sanjay, If you don't mind, please call me at my cell no.0-9909948766. Few techniques I couldn't write here openly those I could share with you on phone.

I completely believe in Truth Alone Triumphs! however, keep in mind even Lord Rama & Lord Krishnna also used tricks to kill demons.

Dear Girish,

Thanks for your concern.

I have noted your mobile number and shall call you sometime tomorrow.

Believe me, I just want peace and relief for my sister.

I will move court only to seek justice and not for inflicting any shame or harassment on them. If they are wrong, have cheated us, abused and assaulted my sister, they will face the consequences at some point of time in their lives at the hands of someone else appointed by Almighty.

I want amicable settlement but not at the cost of our name, honour and character of my sister. If someone is an advocate or knows the legal ways, it does not mean he can throttle justice all the time. And then liars and thugs do not have long lives; they are caught and nailed soon.

With regards,

Sanjay

Originally posted by : Sanjay
	Dear Girish, Thanks for your concern. I have noted your mobile number and shall call you sometime tomorrow. Believe me, I just want peace and relief for my sister. I will move court only to seek justice and not for inflicting any shame or harassment on them. If they are wrong, have cheated us, abused and assaulted my sister, they will face the consequences at some point of time in their lives at the hands of someone else appointed by Almighty. I want amicable settlement but not at the cost of our name, honour and character of my sister. If someone is an advocate or knows the legal ways, it does not mean he can throttle justice all the time. And then liars and thugs do not have long lives; they are caught and nailed soon. With regards, Sanjay

 @ Sanjay for conviction under 498A you need to prove  beyond any reasonable doubt that

1 there was demand for dowry and

2  there was harassment for dowry

or 3 there was wilful life threatening cruelty.

I can understand your pain and anguish.

B ut remember that % of conviction in 498a case is very low. S o pl evaluate your evidences dispassionately before starting any litigation.

I would suggest, If there is no hope or desire to save the marriage, engage ur BIL for pragmatic talks on MCD.If that fails go for any no of cases you wish to file,your lawyer will not be unhappy either.

regards ASHOK