MyNation Foundation Forum » Advice » 498A

Please guide me, a 498a victim.

(6 posts)
  1. debbu25
    Member

    Brfiefly I mention here that right from the beginning my wife had been following the guidelines laid down by her mother and hen-pecked father in collusion with her brother. Initially they wanted to tame me by all means to cut off all relationships with my parents and sisters. On failing in their such henious attempts, they then disallowed their daughter to go back to her matrimonial home for around 2 years in 1997-98. They even did all their best to stop me having access to my child. Surprisingly, my wife acted on their whims. Off late she returned after failure in her attempts in Feb' 99. But after a brief pause she again took to her form and began her heinous acts. This time my parents and sisters were the target. She quarrelled to get my parents' house in my favour. Unable to bear her constant verbal tortures and insults, my youngest sister took them to US in 2001. Finally after their return to India, my 2nd sister took them to Mumbai along with her. Since then they had been living there. Later I built a house with bank loan in 2006 and shifted thereat. My parents' house remained uncared. A robbery took place in that house. I must mention here a very mportant fact - a young man named Ajoy Barui was a regular visitor at our house since I was bachelor. He had won our confidence and frequented like a family member. My wife became so close to him that the locals began whispering about their affairs. Ajay even made relation with her parents and visited their house several times.

    My absence during day time at my house opened scope for her parents to be in touch with my wife physically and over phone. Their conspiracy materialised through a local hooligan (who is in WB Police). On 14th July 2007 he came to my house and denegrated me and thrashed me to kill. He also suggested her to lodge complaint against me u/s 498a. Even those people did not have mercy on my 10 yr old son and who was taught to raise voice against me like a parrot. (Here I mention with very heavy heart that my wife did not give my son enough freedom to come close to me). I could not sleep because of insult invited by my wife and her parents.

    Unable to bear this insult, I decided to protest and wrote letters to SP, Barrackpore (Mr Supratim Sarkar) and CM of WB State, Mr Buddhadeb Bhattacharya but in vain. I even visited the then ASP, Mr Basab Dasgupta's office, who heard me, but did not accept my written complaint. My wife stopped preparing food for me since 15th July 2007. I had to eat in hotels after whole day office and train journey of around 200 kms every night. On

    On 3rd October 2007, soon after returning from my office, my wife shouted at me and ordered me to vacate the house at once, else she would call police and take action. My neighbours are the biggest proofs. I had to bow down before her. Her elder sister was in my house that time. Here I must mention a few lines about her sister also.

    Her sister came to my house after filing 498a against her husband thereby terminating the legal bondings of marital life of more than 17 years on the instigation of her mother and Co. I was in dark about her act earlier. Later when I heard from others, I tried for reconciliation, to which she got annoyed and threatened me to action and ruin.

    Whole night of 3rd October 2007 I spent in a family friend's house and next day at dawn I had to leave the place to go to the counseller. He guided me to CPM's local LCS, Mr Shyama Prasad Sinha, who further directed me to Mr. Amal Chatterjee, Advocate as well as our Chairman of Garulia Municipality. The later did not have time as he had to go to attend a party meeting. So his secretary, Mr Azad listened to me and told me that he had acquintance in PS: Jagaddal. In the evening he insisted me to accompany with him to PS for filing a diary at 7 pm.

    But instead of listening to my views, the police informed me that my wife had lodged a complaint u/s 498a in the afternoon and ordered me to talk to the IO, Mr Biswanath Das. Mr Das told me that he knew that I was innocent and so he insisted wife to write the complaint in such a way that I am not bothered in the jail for more than 5-7 days. He told me to give him Rs.20000/-. On my refused to pay him the money, he scared me that he had the power to take any step which could land me in jail for not less than 7 years with a false case of non bailable nature. Despite requesting him to show me what the charge was against me, he shouted at me to be at a distance. I was in dark about the complaint. In the midnight after making sure about Rs.20000/- from my relatives, he shamelessly talked over PS telephone at his residence asking someone at the opposite end as to what did she expected in the Puja festival.

    The calls of IO, Mr Biswanath Das with my relative forcing him to bring Rs.20000/- on condition, if traced out from database, if possible, could stand as a great proof against him.

    My parents and sisters were acquitted because there was no chance of their presence, as they Ilived far away from WB for quite long years. I was sent to jail along with other criminals next day. It was a horrible and nightmarish experience of 20 days. The bail paper was got signed by me (thumb impression) on 23rd October and I was released on 24th night only after the arrival of the jailor.

    Rest of the matter would be appraised in the next part. Now please guide me how to take safety measures, as already 2 years have elapsed. In the meantime, she filed 2 cases of maintenance u/s 125 and misc. case. The lower court after listening to my lawyer that I have been driven away from my own house by my wife and that I have to bear the burden of loan repayment from my salary and at the same time have to take care of my ailing parents, ordered for Rs.4000/- as interim along with the arrear payments of Rs.22270/- in 10 installments. On the advice of my lawyer, Mr Pritish Dasgupta, I appealed before HC, Calcutta where the Ld. Judge reduced the same to Rs.3000/-.

    Here I must mention that soon after my return from jail, I tried to send some money through my friend in Dec' 07 and Jan'07. But my wife did not even had time to listen to him. Later I began sending her MOs of Rs.1000/- each month from 8th Feb' 08. She filed u/s 125 on 13th Feb' 08. Now every month I deposit a sum of Rs.3000/- at Barrackpore court through my lawyer. I have requested my lawyer several times to request the court to allow me to send her DD, as this would save my time and money.

    I am very much depressed. My future seems darkened. What shall I do? How to get rid of this problem? I cannot concentrate on my career.

    Please guide me.

    Debasheesh

    Posted 8 years ago #
  2. debbu25
    Member

    On opening my post to see the reply, I found that a few lines does not appear in the para 7 of 'Please guide me, a 498a victim' after the first line......in the afternoon. Mr. Azad, secretary of Mr. Amal Chatterjee, our Municipality Chairman and advocate of Barrackpore court, took me to PS: Jagaddal for filing FIR against my wife. But I was stopped there by the ASI and ordered ...... now the paragraph 7 continues....

    Posted 8 years ago #
  3. ADMIN
    Key Master

    You have to counter 498a first;
    Please let us know what she wrote in 498A complaint.
    If she wrote anywhere that she gave dowry then you can counter her and sue her for giving dowry.

    498A CRUSADER
    MYNATION.NET
    SUPARI.ORG
    Posted 8 years ago #
  4. Adv.Kachave
    Blocked

    Dear Friend, i have gone through your matter, already cases pending against you in the court so you have to defend your cases through your lawyer. Whatever relief you want it has to be submitted before the concerned court, and also whatever criminal actvities have committed at the instance of your wife and her relatives, you have option to prosecute them u/s 200 oF Cr.P.C. before the Magistrate through your lawyer. If you want to stay in your house you may also obtain injunction order restraining your wife and her relatives from obstructing your possession, occupation.
    9224799546 & 9821387099

    Adv.Ramchandra N.Kachave
    98, 2nd floor, Esplanade Mansion,Kala Ghoda, Near City Civil Sessions Court,
    Mumbai-4000023
    Posted 8 years ago #
  5. debbu25
    Member

    Respected Kachaveji, With reference to my earlier posting , 'Please guide me, a 498a victim', Please tell me what is there in sec 200 of CRPC. So I must mention boldly that I have never taken any dowry and this can never be proved.

    Posted 8 years ago #
  6. ADMIN
    Key Master

    http://mynation.net/ccp.htm check about CrPc here

    498A CRUSADER
    MYNATION.NET
    SUPARI.ORG
    Posted 8 years ago #

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