MyNation Foundation Forum » Advice » 498A

Had some argument with wife and she went to her parents Home

(33 posts)
  • Started 5 years ago by Abhishek_1980
  • Latest reply from Dr.Dsouza
  1. Abhishek_1980
    Member

    Thank you sir for the reply!!

    Today she called to my brother in law and told that she allready filed the 498A, they are not talking to me they are abusing my Parents(who lives in Chhattisgarh) and my Sister(Who lives in Bihar), by diffrent diffrent phone numbers. Please suggest what shoul i do?
    1) At present we are not talking, Should I call her and record the conversation?
    2) Should I send the nothice of RCR?
    3) My friend suggested me to go to women cell, Should I Go there?
    4) Should I go to Police station?

    Thanks!!!

    Posted 5 years ago #
  2. Abhishek_1980
    Member

    I have a one year kid, if divorce happens, what would be the amount of compansation.
    Thanks

    Posted 5 years ago #
  3. Dr.Dsouza
    Member

    if she is calling your mother then abusing, then ask her to file Dv on her. and also get phone details from phone co. get complaint registered. if you manage to get her voice recorded then its very good for you.
    send Lawyer notice 1st, followed by RCR; let her answer.

    meanwhile ask for visitation rights too.

    Posted 5 years ago #
  4. Abhishek_1980
    Member

    After above incident they were calling a lot and abused, harrashed me and my parents a lot. and one of our family mediator informed me that they made a false medical cerificate from a govt doctor to file a case.I submitted one application about the incident to police station here in mumbai on 22-Feb-2012.

    I got a call from Mohaniya Police staion that my wife has filled dowry harrasment(498A and 3/5 Dowri Act.) case on 4th-Mar-2012 againts Me,My Parents, my sister and her husband, he was telling me that come here and get the bail otherwise we will come to mumbai and arrest you.

    After this call I called to a local lawyer there and given the number and name of that police officer, and asked him to inquire abt the FIR. he told me that is true that FIR has been registerd.

    We have proceeded for AB, and in bihar for AB both husband and wife should appear infront of the honorable judge, the given date for me is on 28th of May 2012, and the lawyer coudn't manage to get stay on arrest warrant order, they(My inlaws) went to my sister's home and arrested my sister's husband from office, my sister's husband went for jail, we applied for regular bail but My lawyer informed me that it got rejected by CGM yesterday, and he is going to file bail petition today for distric court, My lawyer assuring that we get bail on wednesday and after the bail of my sister's husband, My lawyer will file AB for rest of the family members. They(My Inlaws and Police) are searching for my sister too and police officer has asked me through my lawyer for 50K for not arresting My parents and sister but irefused it, (the police officer then told to my lawyer i will see him). would he(Police) harm my case for preparing charge sheet, case diary bla bla.

    Today I read in news papare that I can use "1971 (maharashtra vexatious litigation [prevention] act 1971" but how can I for 498A and 3/5 Dowry prohibition act. dont know,

    Please let me know what is the diffrence between 498A and 3/5 Dowry prohibition act?
    Please help for my next step.

    Posted 5 years ago #
  5. Abhishek_1980
    Member

    another question is that the lawyer has informend me that the arrest warrent for me is issued on my native place address(Bilaspur chhattisgarh) and I am statying in mumbai, can police come here? my office address has been mentioned in FIR.

    Posted 5 years ago #
  6. Dr.Dsouza
    Member

    IPC 498a is any cruelty by husband [ see IPC http://mynation.net/laws/bare-acts/ipc/ipc.htm ]
    Dowry Pro Act is Subjecting women to cruelty by asking dowry [ Ref : http://mynation.net/laws/bare-acts/dowry/dp3.htm ]

    Posted 5 years ago #
  7. Dr.Dsouza
    Member

    Warrants are issued by court; if lower court reject your bail, you can appeal in HC, and no court will reject bail in such matters.
    change your lawyer, he us useless.

    Posted 5 years ago #
  8. Abhishek_1980
    Member

    Sorry for miscommunication, My question was arrest warrant is issued by court from bihar to my name and my address for warrent is my native address and I am staying in mumbai right now and in FIR it has been mention like i am working in mumbai,(My office address), can bihar police come to mumbai at my office address to arrest me?

    Posted 5 years ago #
  9. Dr.Dsouza
    Member

    You are not Accused in TADA/POTA or murder case; so they have to notify you thru your local police of bombay to come for questioning;
    if you do nto appear then only they can notify mubai police or she has paid huge sum then they can come to bombay to arrest you.
    employ good criminal lawyer and get bail before that.

    Posted 5 years ago #
  10. Abhishek_1980
    Member

    For AB the hearing date is on 28th May, In FIR she has mentioned that we kept her cloths and jwelary, but police has not registered 406 only 498A and 3/5 Dowry prohibition Act is there, should I ask to police to register 406 too??? is that good for me?

    Posted 5 years ago #
  11. Dr.Dsouza
    Member

    IPC 406. Punishment for criminal breach of trust [ http://mynation.net/laws/bare-acts/ipc/ipc.htm ]

    What for ?

    Posted 5 years ago #
  12. Abhishek_1980
    Member

    In FIR she has mentioned that "we kept her clothes and jewels", but she has taken all her jewels, only some cloths are with me, how to deal with this?

    Posted 5 years ago #

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