MyNation Foundation Forum » Advice » 498A

What next?

(8 posts)
  • Started 6 years ago by victim_to_winner
  • Latest reply from Dr.Dsouza
  1. victim_to_winner
    Member

    D.V case against me and family members going on from 07/2009. Mediation failed. On last hearing court asked her to file evidentiar affidavits saying it to be the last opportunity. Complaint pending in CAW from 07/2009 got closed when we gave written reply with all the evidences already submitted in the court. Again on 06/2010 CAW received a new complaint from her. We returned the notice saying, we have got nothing more to state. As, they were not coming to CAW and we were made to sit there for hours. Finally with the Evidentiar affidavits in D.V hearing she submitted that an FIR under section 498a/406 has been filed but did not provide any copy of the FIR in the court. It happened recently.The case is that the girl was 8months pregnant at the time of marriage and she has stated in the court that her parents were kept in dark by us while she was staying up till 8months of her pregnancy with her parents. She even appeared for her final year exams with 5months of pregnancy while staying at her parents house. I was trapped and now they are demanded 30lacs to settle the matter. I did not have money as she thought before getting into relationship with me. She only wants money and want to disolve marriage. Her interim maintanence application got negative responce from the Magistrate. She took away the child as per legal tactics by ex-parte order. She does not want child. I have submitted evidences for almost each and every allegation of her. She is stating that at the time of marriage they gave jewellery but the jewellery actually given was 10times less than stated. They have attached bills of jewellery in the name different members of her family. I have got video recording of the actual jewellery given at the time of marriage that too she took away with her while leaving amicably to stay at her mother house. What is next coming at me? Please guide..........

    Posted 6 years ago #
  2. Dr.Dsouza
    Member

    You wrote in complicated way; its very difficult to understand; ask questions step by step.
    if there is no FIR copy you can ask it by filling RTI.
    if she filled same DV agains in CAW you provide same answers as you provided before or tell them she is filling again and again not to entertain.
    if she say they gave more gold them ask IT for income tax detail with RTI

    Posted 6 years ago #
  3. victim_to_winner
    Member

    Q What procedure will my wife has to go through to register an FIR u/s 498a/406 against me and 4 other members of the family including 1 close relative? We have already submitted our reply in the CAW cell along with all the evidences. The reply was same as we submitted in the court under D.V act. The complaint in the CAW got close once. Now, can it be reopened?
    Q D.V case in going on in the court and interim maintenance has been denied to her. Her father threatened me that 498a/406 case is coming as he did not get any monetary relief under D.V act. My question is that can similar complaint under 2 different ACTS can be filled?
    Q What should be my legal moves after the 498a/406 complaint is registered? Please advice.

    Posted 6 years ago #
  4. Dr.Dsouza
    Member

    there are no written down procedures to FIR under 498a, her statement and few crocodile tears are enough in front of police or she can petition in court too.

    if she filling again and giving same reason in 498a as DV then check this judgement.
    http://mynation.net/docs/1160-2006/ [Person cannt be tried twice on the same facts]
    and please check http://mynation.net/docs/sitemap/ there are so many judgments on no multiple maintenances.

    Posted 6 years ago #
  5. victim_to_winner
    Member

    Thanks a ton for the valuable information.
    Sir, I wanted to know that once the complaint at CAW cell has been closed. What would she do to get an FIR u/s 498a/406 registered. Is she going to approach CAW again or Is she going to approach local police station. How would I come to know that a case has been registered? Will I be called by police before registering a case, to know the facts? I have read the circular issued by police commissioner of Delhi stating, if any case u/s 498/406/dp 3/4 has to be register against in-laws (else than husband) than permission of DCP is required.
    What is evidentiar affidavits? If, she submits evidentiar affidavits with false statements than can any case be registerd against her?
    Please guide......thank you

    Posted 6 years ago #
  6. Dr.Dsouza
    Member

    If she prove her FIR is true, it will turned into charge sheet, and they submit their report of mediation/investigation to court, then court continue with case. you have appoint lawyer and get bail if neccessary.
    yes there are circular on arrest, unless DCP aproves they will not come look or you once FIR/Charge sheet is filed.
    you can get all details and reports in certified copies from Police if you file RTI. get it and keep all the records in hand.
    if she submit any false details and if you have proofs to prove her wrong you can file case on her.
    read IPC here http://mynation.net/ipc.htm and also read this http://mynation.net/abio/fate-2/ to know all possible case you can file on her. now or later.

    Posted 6 years ago #
  7. blue
    Member

    Dr. Dsouza sir
    in case Dv, divorce and 498a are filed on same grounds and allegations.
    DV= running in state 1
    divorce = running n state 1

    498a= chargesheet to be submitted n state 2

    can any case be stopped based on the double jeopardy decisions of the SC?

    and how to do that?

    Posted 6 years ago #
  8. Dr.Dsouza
    Member

    Section 300(1) of Cr.P.C. States: 300. Person once convicted or acquitted not to be tried for same offence.

    if you still have double jeopardy post it new thread, so you can followup,

    Posted 6 years ago #

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