MyNation Foundation Forum » Advice » 498A

498A & DV

(8 posts)
  • Started 5 years ago by ahparwez
  • Latest reply from Dr.Dsouza
  1. ahparwez
    Member

    Dear Sir
    1. I got married on 22-05-1998.
    2. In Dec 2008 my wife filed 125. without my knowledge. From Feb 2009 i am paying maintenance through bank. I have proof. She did not inform court about the maintenance she is getting. Still there is no appearance from our side. I did not get any notice from court. My lawyer is following up from back door.
    3. In March 2010 she filed 498a (in court) against all my family members. After getting letter of (Rukhsati) coming from her parrents house to my house through islamic court.I had been in India from 30-07-2009 to 14-08-2009 for 10 days.
    4. Except me all my family members got bail.
    5. I gave talaque to her on 18-05-2010 as per islamic rules.
    6. On 21-08-2011 she filed dv involving all family members same as 498A. (DV and 498a accused are same)
    7. She is from patna and i am from Darbhanga (Bihar). We are about 200 km far. She never visited my house. She always stayed in her parrents house. Though we were married on the condition as Gharjamai (to stay at her house).
    8. Though it was love marriage as i was going to teach tution to her brother.

    If required i can send all my case papers

    Please advise

    Respectfully
    A.H.Parwez - 67049786 - Kuwait

    Posted 5 years ago #
  2. Dr.Dsouza
    Member

    As per our discussion and 498A FIR, they said they gave you 8Lakhs, so you can ask court to do the needful as per IPC 498A giving dowry also crime just like taking it.
    see related judgment here http://mynation.net/docs/218-2009/

    and also after marriage you were ghar jamai and she hardly stayed in your house, so there should not be any domestic violence to convicts others.

    If court did not ordered any maintenance why you are paying her, stop the payment but keep all reciept you paid.

    Please refer this judgment [ http://mynation.net/docs/same-cause/ ] which says she cannt file 2 cases on same reason, as 498A is not yet finalised, so DV should not proceed. or you can ask court to couple both cases as one.

    Posted 5 years ago #
  3. ADMIN
    Key Master

    You can also ask to give you IT return for that 8 Lakhs.

    498A CRUSADER
    MYNATION.NET
    SUPARI.ORG
    Posted 5 years ago #
  4. Dr.Dsouza
    Member

    As per our telephonic conversation, you asked few FIR/498A quash judgments.
    Here is some of the quashing judgments; You asked few quash judgments, here its in lot
    http://mynation.net/docs/2-2006/
    http://mynation.net/docs/8207-2011/
    http://mynation.net/docs/fir-quash/
    http://mynation.net/docs/2145-2010/
    http://mynation.net/docs/1612-2007/
    http://mynation.net/docs/1155-2010/
    http://mynation.net/docs/1007-2010/
    http://mynation.net/docs/8542-2003/
    http://mynation.net/docs/2113-2003/
    http://mynation.net/docs/137-2010/
    http://mynation.net/docs/370-2010/
    http://mynation.net/docs/13231-2009/
    http://mynation.net/docs/1005-2011/ [ 498A quashed, same complaint in DV]
    http://mynation.net/docs/2653-2005/
    http://mynation.net/docs/5184-2007/

    You will not find exact judgement as per your case/situation but its upto your lawyer to prrsent your case similar to above one and give supporting citations.
    go through these judgements and you will find more than 1 judgments somewhere related to your case.

    Posted 5 years ago #
  5. ahparwez
    Member

    Thanks for reply

    We are going for quashing. Please advise

    1. Complain in 498a and DV are same.
    2.498A filed(26-03-2010) after 9 months of my leaving India.
    3. DV filed(21-08-2010) after 3 months of divorce.(18-05-2010)
    4. In 498a she is asking i never gave single paisa to her for maintenance while i have proof i gave her alot of money.
    5. In DV she is accepting twice or thrice i gave her money.
    6. I was married on the codition of gharjamai. Her father's house address is in my passport.

    Posted 5 years ago #
  6. Dr.Dsouza
    Member

    In above post i gave you one judgement where DV and 498A reasons are same; so you have ample chance to go for quash.
    In india Women can file 498a even after Divorce, and police register it without any inquiry, coz burdon of proof lies with man, for her nothing to prove, its upto you to prove it false.
    you can show your talaqnama and counter your DV as a revenge for talaq
    when you have proof of money payment why dont your produce it to court.
    if you were Gharjamai and if she never stayed in your parents house others can appeal to remove their names form the case

    meanwhile bring pressure on them file for child visitation too.

    Posted 5 years ago #
  7. ahparwez
    Member

    we r going for quashing of 498a as per following merits.

    1. no injury report.
    2. no police complain.
    3. no dowry demand or given proof.
    4. no neighbour witness
    5. only mother and non muslim deomestic servent.r witness
    6. No father, brother and sister in law is witness

    Remarks

    How a non muslim brahmin domestic servent can work in a non veg muslim family who r eating beaf, mutton chicken and fish.
    Domestic servent left the job immediately after the incident as he was not getting his wages for four months.
    Domestic servent did not go to court or police station for his money but came to court for the witness.

    This is a fake witness

    Pls advise and provide the ruling sir

    Posted 5 years ago #
  8. Dr.Dsouza
    Member

    You cannt counter who is working where and why he left.
    you can sue him for giving false statement and peanalise him, if this case reach to argument stage then you can call him to give statement and your lawyer can quiz him to get his answer. as you are going for quash thats not importent, you can use under which section and your rights under constitution of india, refer above saif judgements for more details.
    as they do not have strong points to defend their case and you have ample chances to quash.
    ask lawyer to draft petition wisely.

    Posted 5 years ago #

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