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Victim of 498A. What are my options

(5 posts)
  • Started 7 years ago by jbenjamin
  • Latest reply from MyNation
  1. jbenjamin
    Member

    I got married in Dec 2008 through a matrimonial site. I work abroad and flew back 3 weeks after marriage with the intention to bring my wife abroad.

    Things took a bad turn few months later and the outcome being that I filed for divorce in late november/early december. Few days ago we were made aware that the perpetrators filed a dowry harassment case myself and my parents stating that they demanded dowry and upon paying the same would allow her to join me overseas.

    My points/concerns being:

    1. Whilst there is no proof and the truth that we never demanded the dowry what are the prospects of this case when there is nothing on record?
    2. I have a letter from my relocation agency stating that I did everything in my power to bring my wife abroad.
    3. I also have an email from my wife where she clearly states that she has all the documents and asking me for guarantee/surety regarding her safe being when she joins me.
    4. Furthermore, I paid for her french lessons and training in her field of **** and the same is recorded via emails.

    While my parents are staying at a friends place, I do not like the way this issue is being played out, further more while the other party concerned is aware of the BP issues with my father and also that he underwent cardiac operation.

    The said perpetrators came to my home back in India and yelled against my parents despite knowing the mental stress it would cause.

    My two brother in laws also gate crashed into our issues. While the older one decided that the wife stay behind, the younger threatened to 'rip me off' should I land in India.

    I would like to know how I can:

    1. tell the concerned authorities that the 498A filed against us is false and is being misused.
    2. teach the perpetrators a lesson for falsely accusing us.

    Thanks.

    Posted 7 years ago #
  2. ADMIN
    Key Master

    You can file Criminal tresspass whenever they come to your house without invitation.
    also damage and defamation.

    send us 498A fir Details for more advice.

    498A CRUSADER
    MYNATION.NET
    SUPARI.ORG
    Posted 7 years ago #
  3. Adv.Kachave
    Moderator

    You have to challenge said criminal case by filing cri. writ petn in Highcourt, if succeed file for malacious prosecution & damages.

    Adv.Ramchandra N.Kachave
    98, 2nd floor, Esplanade Mansion,Kala Ghoda, Near City Civil Sessions Court,
    Mumbai-4000023
    Posted 7 years ago #
  4. jbenjamin
    Member

    Hi,

    Further to my previous update, we got to know of the FIR filed against my parents, sister and myself. While no arrests or calls have been made by the police yet on this issue, what upsets me is the level of allegations made against us.

    Firstly, the allegation of taking gold worth 1.3Kilos and silver worth 1.2 kilos.
    Secondly the allegation that the B**** was subject to harassment by my parents.
    Thirdly, my reluctance to bring her overseas with me unless a sum of 10lakhs was further paid as dowry.

    While we have ample proof and facts to counter every allegation charged, it seems very evident that this FIR of 498A was filed on vindictive purposes and to put us through undue harassment.

    Her father being a retired railway employee by no legal means can amass 1.2 kilos of gold, let alone the silver.
    She never stayed with us and instead spent most of her time at her elder brother's place.
    I have a letter from my relocation agency that states we had done everything possible to send her the documents and I also have an email from the perpetrator demanding gaurantee of her life and monetary security (she had cc'd all members of her family in this email)

    Our only focus is to get divorced to her and we don't see a point in filing allegations (although we have sufficient grounds to file both criminal and civil cases against them)

    Based on the above, I would like to know if it possible to avoid going to jail, especially my father who suffers from high BP and also underwent cardiac operation.

    What are the chances of getting for divorce in this case and what are the grounds for us to prepare ourselves against this fraudulent allegation.

    Thanks.

    Posted 7 years ago #
  5. MyNation
    Member

    Get a certified copy of FIR, you can file RTI, if you are not getting one.
    Read correctly what her allegations are, if she said they gave Kilos of Gold then counter file same case on her saying Giving dowry also crime under IPC 498a.

    You have to trap them with their own statement. thats best medicine for these legal terrorists

    Posted 7 years ago #

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