Need advise in 498a & Dv Case

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    • #405

      Dear All,

      My 498a wife filled a case before 10 days of our first marriage anniversary U/S 498a, 420, 406, 506 against me & my parents. My father name & Ipc 420 is removed in police verification. After 4 month of this case she filled DV case against me & my parents again. Needs urgent advise and guidance for perjury u/s 340 Crpc & counter cases. In my case my sweet 498a wife has given statements as follows:-

      In RCR:-

      1. That her father spent a huge amount of Rs. 10 lacks in marriage. Which is not mentioned in FIR. I filled TEP now I am following Tep by RTI will get reply reply in January 2010. I think I will get positive reply because her father has a small shop and not filling ITR & not have Pan Card. I mentioned Rs.1631200 (Sixteen lacs thirty one thousand & two hundred rupees) in TEP. Rs. 1031200 in his daughter marriage, 6 Lacs in his son marriage & also about his benami accounts and properties.

      2. That me & my family not given her food on fist day of marriage. I have photo in which she and my mother both are eating in a single plate on that occasion.

      3. That me & my family started taunting, harassing and pressuring the respondent for more & more dowry & I almost daily beaten her. It is specifically incorrect that the petitioner ever showed any love and affection with the respondent. I have 14 mails,SMS & greetings in which we shared & expressed love & affection each other during married life .

      4. That she was not pregnant in October 2009. (I have mentioned in RCR that she abort my first unborn baby in Nov 2009 without my consent (under some planning against me). I have medical proof that she was pregnant. But not have cause of abortion & abortion related proof. I filled application in the court for medical records. She is not mentioning this child any where in case.)

      5. That I was removed from services due to misbehavior in the company by consuming liquor. I have given resignation under pressure of my 498a wife and her family member. I was a permanent employee of company. I have proof of my resignation in which I have mentioned that due to unavoidable circumstances I am unable to continue my job.& given proper notice as per HR policies. & also have awards & contest winning certificate that proves that I was a performer in my company. I was expecting promotion that time because as per company policies & achivements company going to promote me.

      6. That the mother of petitioner was not ill as alleged. The mother of petitioner had been harassing, torturing, beating the respondent for dowry. I have medical record from PGIMS more than one year that my mother is suffering from trauma in her abdomen and operated after filling case.

      7. The alleged admission of petitioner in law is just an attempt to create false evidence against the respondent. I have all registration certificates. ID card and fee slip with date sheet and result of my LLB 1st year. Which prove that I have taken admission for my higher education?

      8. That the petitinior and family member took the respondent to an ultra sound center when she got pregnant in April 2010 and obtained the illegal oral report that the child in the bomb is female child and the petitioner and his family members started putting pressure on the respondent to abort the female child.there after the petitioner took her to PGI and there when doctor not to press her stomac so force fully. The allegeged doctor report is denied. In this para she narrate a story I have OPD card dated in may 2010 which is before ultra sound and got copy of ultrasound report from my sources which is dated in june and child in the bomb is 7 weeks old as per medical science sex of a 7 month child can not be determined. She herself went to ultrasound center that day I was in LLB exam and my father was in election duty. My mother was not able to go to hospital because doctor advised her operation. She was on bed that time. In OPD card doctor mentioned that clearly that patent is not willing for examination.

      9. Petitioner given beating to respondent and kicked her on her stomach but not petitioner nither his parent looked after her and did not give any medicine and respondent was forced to leave her matrimonial house just in three cloths. She was medically treated at her parental and child was aborted to save life of the respondent. They arranged false medical legal report from civil hospital without the presence of police its directly given to patent (which I got through RTI ) in which three simple injuries are mentioned. Doctor not mentioned about kick on her stomach. The MLC is after 48 hours of incident. In these 48 hours no treatment provided to her by her parents and after three day of this MLC they abort child with was good in health. The doctor who is now accaused in issuing false MLC U/S 420, 467, 271, 196, 197, 327 which is issued by him on 7 June 2010. I have applied in court for her medical records.

      10. That the police refused to registerd the case as it is a dowry related case. But before filling Case in court they flled in mahilla mandal in which they refused to come. We are present there on date given by CAW cell. In this complaint she not mentioned about kick and abortion. The complaint is after 4 day date of MLC.

      In RCR she have not given any proof she only given only statement under oath. As my advocate advised me that she is not ready to join your company so that you withdraw the petition.

      Judgment of my RCR:-

      Written statement filled. Both parties are present. Reconciliation efforts made but vain. Since as per pleading of respondent in written statement that it is impossible for her to live with him. In view of the statement of petitioner , present petition is hereby dismissed as withdrawn. File be consigned to the record room after due compliance.

      IN DV Application She mentioned:-

      In DV application she narrated the same story and request to court u/s 12, 18,19,20,22 & 23 of DV act 2005 against me & my parents. They send summons but on that day nobody was present at my residence. Requested the following relief:-

      1. Protection order

      2. Require rent Rs. 2000 per month

      3. Rs. 20000 for her treatment as her parents paid.

      4. Rs. 15000 per month as she wanted to live with the same standard of life as lived with by the respondent.

      5. Rs. 500000 (Five lacs) that the complaint has suffers a lot of mental pain, agony, suffering due to beating, torture given by the respondent.

      6. The complainant was studying in M.A. (Pre) as she have to appear in admission & examination expenses of Rs. 10000 for admission and 3000 for tuition fee.

      She has mentioned my expected income of Rs. 50000 per month but not submit any proof but I am a student. She is a private candidate & exam fee is Rs. 500. Now she is not studying any where. She left her study in 2007 and I motivate her for higher study admitted her in MA Hindi (Pre.) in 2009.i have application copy in my handwriting of her MA as private candidate. (Which I got through RTI). She is able to earn as she is B.A and have one year computer diploma from ICA. She is a private candidate she can do job I have record of her application of banks & private companies and interview letter which she applied. Before and after taking admission in MA. I am a regular student of LLB 1st year & no income source and applied for education loan in 2009. Copy of loan letter is with me. She mentioned that my father is a doctor but my father is a assistant 3rd class Employee in a govt. Department & out of 498a, 406, 506 case as per police verification which is done three times by different police offials. Other things I mentioned above regarding these relief that can help me.

      Now in the end I want to ask you what should be my action plan to fight against this.

    • #1902

      There is a judgment on saying on same cause she cannt file complaint twice.

      as you already filed TEP with its reply and other resons you gave counter her all statements with perjury and other criminal case aginst her.

      You have to use other old judgments in similar case. Educated and earning women will not get any money if she deserted you without reason. if you prove/counter her aligation you can counter her maintenance case too.

    • #1903

      If there is no ground/ ingredients in offenses as alleged by your wife , you may move before High Court for quashing the same. 9821387099, 9224799546

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