- This topic has 32 replies, 1 voice, and was last updated 10 years, 4 months ago by Anonymous.
29/02/2012 at 3:16 PM #606AnonymousGuest
My wife and me had some arguments on 16th Feb, she abused a lot and i slapped her, My father in law called her and ask her to lodge a compalaint againts me. she did a NC againts me and put my parents name, sister name for no reason. police office told me that they are planning to lodge a 498A agians me and my parents and my sister too. I am staying in mumbai since last 2 years with my wife only. my parents are staying at chattisgarh and my sister(married)’s family are staying in Hajipur(Bihar). Police officer told me to book a flight ticket and send her to their parents home, she went with my kid(One year old) on 17th. I got a call from one family mediator that they made some false medical certificate that i have beaten her a lot. at the time on NC in mumbai she is physically sounds good and police nevers ask for medical examination. my father in law a Doctor(Vetrionary) he cound arrange.Family mediator also told me that My wife has allready filled a FIR againts me i dont know the charges in Mohaniya(Bihar) police station.
Please suggest what should i do?
thanks in advance
29/02/2012 at 3:40 PM #3317AnonymousGuest
Contact our helpline in Borivli and mulund from our contact us page.
Never admit that you beat her,if you beat she would have admited to hospital, but she is ok, that mean it was just tussle between husband and wife.
let her bring false certificate, thats plus point to you.
givin in writting to police that she left your house her own and get it stampped by them.
send a lawyer notice to come and join you, let see what she answer. that shows you want her back, it will help you in divorce if she is planning.
rest talk to our members they will guide you.
29/02/2012 at 4:28 PM #3318AnonymousGuest
please could you post link here for contact us page.
29/02/2012 at 9:58 PM #3319AnonymousGuest
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01/03/2012 at 4:37 AM #3320AnonymousGuest
Acctully Police officer supports me at the time of filing Nc and after that he asked me to submit one application. I have submitted one application to the police station as below:
Sub: Regarding harassment by my wife and in-laws.
On 16th Feb 2012 I had verbal argument with my wife in the morning and she has filed a NC against me at Police station on same date afternoon. I started getting threatening calls from my in-laws since then (NC filed by me against my in-laws on same date evening). Since that date, my in-laws have been harassing me through family mediator and threatening to file false complaints against me (like domestic violence, and IPC 498A) in police station. They have been also threatening, my parents, my sister and her husband on phone, who live in (other place) and have been using abusive language.
Below are the details about the NC and the incident.
I got married (arrange) on Feb-2010 at Bihar, We (My wife and I) are staying together in Mumbai since April 2010. We blessed with a son on 25th Dec 2010. Since my marriage my sister in law (Residing in Gorakhpur) and my father in law have been interfering in most of our family matters a lot. Because of that we (Me and My wife) get in verbal arguments some time. All this while my wife has used abusive language for my parents and to my sister.
A week ago before the incident on 16th Feb me and my wife decided to celebrate our 2nd marriage anniversary in GOA, we went there on 10th Feb 2012 for three days. During this period my wife was getting a lot of calls from her family members, and she used to speak on phone with them for hours .I felt like being alone there, I dint say anything to her on that day, and day after on 11th Feb 2012 I booked one tourist cab to visit south and north GOA, again on this day, she was on call with her sister at most of the time. I was very disappointed but I dint tell or expressed anything to her. After we had dinner at hotel restaurant we went to the room to rest, around 11.30 at night she was again talking on phone loudly in hotel room and because of that my kid started crying, I requested to her to not talk loudly but she told me that go away from this room with the kid, I walked out and trying to make the baby sleep. After some time I went back to room and again she was shouting I requested her to not do so but she dint listen to me. She fought with me a lot and again while kid was crying. I went out alone from room and returned after about an hour at that time she was sleeping.
Next morning we checked out from the hotel and took the train for Mumbai. Her sister phoned to my father and abused a lot to my father and to my mother for this hotel room incidence. We reached Mumbai on 12th Feb at night. She cooked food and we had dinner together; we were not talking too much to each other because of the above incident.
On 13th I wanted to avoid any kind of argument that’s why I went to my office early morning and came back at late night. In night she was talking with her sister, while talking she was using very bad words for my Parents. I wanted to avoid any kind of argument so I went out alone from home; I was hoping dinner would be ready when I came back. But my wife gave me excuse that because of the phone calls she could not prepare dinner. I prepared maggie for myself and went to sleep.
To avoid any arguments I preferred to remain silent and on 14th and 15th I went early to my office and came back late.
The last Incident in Detail:
On 16th Feb 2012, because of the election there was holiday in office, I woke up early, in the morning she told me that “she was not going to prepare breakfast if I wanted to eat lunch than I have to wait till 11.30”, I said just OK to that.
Earlier we had decided to celebrate this year HOLI at my native place.
Suddenly on this date she started saying that if we go to my native on Holi, my parents would not going to touch their grandson (my kid) they can only see but they will not be going to baby sit him. I remained calm and said OK (I knew she wanted to initiate arguments with me), she also said that “if you promise me then only I will go along with you, otherwise not”. I replied:”OK, but if they will play (baby sit) with him (my kid) then don’t get angry at them, just ask me I will give (My son) back to you, because if you took him back immediately then they will feel bad”. Then she told me that “if that is the case then I will not be going with you”. I said OK to that (as I was trying to remain calm). Then she started to use abusive language against my sister (Hindi equivalent to Prostitute) and bla bla. I could not hear all that and, wanted to get out from home but she came in my way to door, stopping me and started abusing to my parents and me with words like “Namard, Harami”. The kid (My child) started crying because of her loud voice. I asked her to do her work in kitchen and not to shout too much and I went to bed room with my kid as I was trying to make the baby keep quite. She came in front of me again and abusing me and my parents a lot again, I was telling her to keep quite otherwise I will slap you. She spat on my face. I pushed her on bed, then she started attacking me and finally kicked me. I fell down on floor, I got up and tried to keep her quite forcibly so that situation does not escalate. All the while my response was to remain calm as much possible and in my defense.
Later that day she got a call from her sister and my wife started crying on phone telling her false stories that “I was beating her lot that day”. After that call, I started getting calls from my in laws and they abused me without listening anything from my side, they called to my parents and my sister and abused them also a lot for no reason.
After some time my father in law called to my wife and told to lodge a complaint to the police. I don’t know how police came to my home and they asked me to take her to the police station; I took her to the police station. My wife lodge a NC against me as my father in law told to my wife. While lodging complaint she talked her father on phone and asked the police officer to put my Parents and sister name in NC for no reason. My father in law asked police officer to send my wife along with kid to Patna by flight as early as possible. I was asked to arrange for flight tickets for them. I booked a flight ticket and she went to her parent’s home on 17th Feb.
After her departure to Patna, family mediator told me over phone that my in laws have made false medical certificate that My wife has several injuries because of me beating her. It is totally false as she was physically OK when she filed NC against me, my parents and my sister. At that time police officer did not ask for any medical examination as my wife was sound and healthy. I am being threatened through family mediator that my in-laws are going to file (or already filed) IPC 498A complaint against me, my parents and sister.
I am afraid that what I have been informed by mediator could be true as my father in law is doctor (veterinary) and he might have managed to get false medical certificates through his influence. Family mediator is also insisting me on going to my in-laws home (Patna) and say sorry for things which I have not done.
If they file 498A against me, it would be totally false case. I am staying in Mumbai only with my wife since last 2 years, my parents and sister stay in Chattisgadh and never interfered in my married life. Also I have never asked for any money to my wife or my in-laws. Also, in India there is culture that daughter’s first delivery happens at her parents’ home and they do it happily. However, her parents refused to do so for the fear of expenses. I am educated enough (MCM from Nagpur University) not feel bad about it as I believe that she is my responsibility since her marriage. So it was my parents who took care of her while delivery as she stayed with them during that period, and I paid for all delivery expenses. After delivery she went to her parent’s home for few months. Again, it was me who was sending her money regularly for expenses while she lived with her parents after delivery (I can show bank statements if needed). For her stay at her parents’ home from Feb 2011 to June 2011, I transferred around to Rs 16000 her bank account for her expenses. Also gave her cash of Rs 7000 when she moved to her parents’ home in Patna from my parent’s home in Chattisgadh.
So this is a humble request to you that please consider all above points before taking any actions against me if any such 498A complaint is filed against me. I will co-operate during investigation and would reply to any complaint against me legally through my lawyer.
Please let me know should i submit any other application to the police station?
or should i send a lawyer notice to come and join me?
or should i waite for their action?
Thanks in advance.
01/03/2012 at 4:54 AM #3321AnonymousGuest
Whatever you submit to police, on other copy get their stamp and date, so in future it will be useful to you.
you are sending lawyer notice not to call her back, nor take her back. it just to show you wanted her back and you are doing it in legal way, so you can prove in court tomorrow.
01/03/2012 at 5:13 AM #3322AnonymousGuest
Another copy of application is with me with stamped “received” and date is mentioned on it.
Please let me know how I can send the notice?
Would it need me to go there in person (In session/Family court)?
01/03/2012 at 6:58 AM #3323AnonymousGuest
You lawyer will send notice.
and be ready to face some more legal matters from enemy side once you serve Lawyer notice.
01/03/2012 at 12:01 PM #3324AnonymousGuest
If you have a small kid, try to settle the dispute, it will be better, otherwise challange whatever allegations are against you.
http://www.jaihindlegal.com 9821387099, 9224799546
01/03/2012 at 4:52 PM #3325AnonymousGuest
I also wanted to settel the dispute but if she already filed the case then what can i do. she told me so many times that she dosent wanted to live with me bla bla.
I am very much confused what to do. please suggest me?
01/03/2012 at 6:41 PM #3326AnonymousGuest
Please let me know, if she lodge FIR in Mohaniya (Bihar), then Police of bihar come here to arrest me or Mumbai police will react?
04/03/2012 at 6:54 AM #3327AnonymousGuest
get her voice recorded when she says she dosnt want to live with you, it will help you in divorce.
You cannt stop runaway women, let her go, may be she already found someone. who knows.
Bihar police has to inform local police if they are coming for you.
04/03/2012 at 7:14 PM #3328AnonymousGuest
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?
04/03/2012 at 7:18 PM #3329AnonymousGuest
I have a one year kid, if divorce happens, what would be the amount of compansation.
05/03/2012 at 7:06 AM #3330AnonymousGuest
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.
08/05/2012 at 4:54 AM #3331AnonymousGuest
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.
08/05/2012 at 5:02 AM #3332AnonymousGuest
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.
08/05/2012 at 5:35 AM #3333
08/05/2012 at 5:37 AM #3334AnonymousGuest
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.
08/05/2012 at 6:43 AM #3335AnonymousGuest
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?
08/05/2012 at 10:02 AM #3336AnonymousGuest
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.
10/05/2012 at 8:18 AM #3337AnonymousGuest
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?
15/05/2012 at 6:19 AM #3338AnonymousGuest
IPC 406. Punishment for criminal breach of trust [ http://mynation.net/laws/bare-acts/ipc/ipc.htm ]
What for ?
15/05/2012 at 7:09 AM #3339AnonymousGuest
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?
15/05/2012 at 7:24 AM #3340AnonymousGuest
Ask her to give list of all things;
if jewellary then bills too;
if she still argue you kept her gold or any valuable ask judge to send her to lie detector test and tell you will pay money for it.
for sure she will change her statement.
16/05/2012 at 12:42 PM #3341AnonymousGuest
My Lawyer filled AB for my sister and today he informed me that argument has done and it postponded till 28th may, is that happening in Bihar that AB request has been prosponded? or My lawyer is making me fool?
17/05/2012 at 8:11 AM #3342AnonymousGuest
most of the time same day or next working day;
Im not sure about Bihar situation
17/05/2012 at 5:23 PM #3343AnonymousGuest
no it happens. even in my case also bail procdeedings extended by 15 days. but in next date i got AB. there was arguments by both my lawyer and Govt lawyer for and against AB. it all depends on your lawyers verbal communication skills and his understanding of the judge. Dont worry u’ll get a bail. give strong points to ur lawyer as told by D’souza sir and Kachave sir.
And most importantly increase your and your family’s patience level. if 498A is chargesheeted then fight dont look back. get it cleared by judgement of court only. Dont make compromise inbetween. even if you compromise the case is not closed. it is still open unless it is judged with judgement. Otherwise there are full chances of another 498A. which will make your life more worse…
precaution is always better than cure…. contact ur local members for more details…..otherwise forum is there for any ahelp..best of luck
22/05/2012 at 11:18 AM #3344AnonymousGuest
I have seen in one thread (the case is as similar as mine) that we can file 205 insted of AB. what is 205? I have filled AB, Please let me can I file 205 now? and what is the benifit in getnral terms to me?
11/06/2012 at 3:06 PM #3345AnonymousGuest
In bihar for AB is the big fight, I went there but my wife dint come there and again date is postponded for one month, my FIL was trying to get Kurki order, but some how he counldn’t manage to get it, and he is serching for me to send me behind the bars. thinga are running worst, but still hope for justice lest see what will happen to coming date.can someone explain abt the Kurki order?
21/06/2012 at 8:17 AM #3346AnonymousGuest
if its Kurki Jabti Order
that means Seizure of property or attachment of property
07/07/2012 at 6:15 AM #3347AnonymousGuest
Please let me know in detail about
In the very important judgements by Hon.supreme court in “Amrawati v/s State” and “Lal kamlendra pratap singh v/s State” lots of important decisions taken and one of them is that “If the accused person surrender himsellf before the court alongwith his bail application,either his bail application disposed of same day and if not possible to the same day,he must not be sent to the jail unnecessory and released on the personal bond till the disposal of the bail application”.
08/07/2012 at 5:45 AM #3348AnonymousGuest
AB is taken even before any case filed; and you have to have case / Charge sheet to surrender to court.
and you never know when they file case.
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