Threatening me on IPC 498a
I m a solder working in paramilitary, on 12 Nov 2014 i got married. after marriage i left my wife with my parent and join back my duty. but My in-laws started putting presser on me to take my wife with me where ever my duty post is but can not do so as our post keep on changing based on the requirement. so my wife left my house and gone back to her parent house. When i tried to convince her "to go back to my home and look after to my parent and this is her responsibility to do so". She and their parents started threatening me and my parents stating that we will file 498A agents you and your parent and they are forcing police to do so and also taking political support. At the time of marriage her father has given me 1 lac rupee as a check in place of other artistic like vehicle and furniture stating that in future whenever you both "me and my wife" can use this whenever required. And now on that amount they are saying that we will file dowry case on that amount, she is also threatening me on the subject of extra marital afire.
My parent are help less as they are staying alone, police has visited my home and asked given them a date to visit police station. Kindly help me in this.
Asked 2 years ago in Family Law from Dewas, Madhya Pradesh
1) return rupees one lakh received from your in laws
2) obtain copy of complaint filed by wife
3) deny allegations of extra marital affair
4) you should mention that since you are a solider it is not possible for you to take your wife on all postings as on certain posts family is not allowed
5) your parents can visit police station nand have their statement recorded
6) if FIR Is lodged obtain anticipatory bail
Thanks for your quick response,
Regarding the money i have deposit that amount to my bank account and her parent may have that statement, if i return the money now will that help me. as they can put that statement in front of court stating that amount as dowry amount. Also she is complaining about false domestic violence. and how to deal with political presser that they are putting on police and on my parents to arrest them.
Asked 2 years ago
1. If you have deposited the cheque then this a weak link in your defence as a finding of dowry demand can be recorded on the basis of this evidence, but in your defence you can state that it was given voluntarily.
2. Returning the amount now will be counter-productive.
3. You and your parents should apply for anticipatory bail to preempt your arrest and also negate the political pressure exerted on police.
1) if you return Rs one lakh transferred to your account it proves your bona fides
2) you and your parents will easily get anticipatory bail from court
3) you should deny any dowry was demanded and state it was gift given by them on own accord at time of marriage for purchase of clothes and jewellery for your wife
If wife files domestic violence case contest it on merits
2) file detailed reply denying allegations
3? there is no arrest in DV case and takes 5 years to be disposed of
The 498a cases and DV cases are all the latest weapons in the hands of legal terrorists namely married women to use and take revenge on their husbands and parents in law. Oflate even the illiterate or half literate people tend to use this option and their parents are in the background supporting the false cause.
The only way to overcome this is by first obtaining AB in the even of any police complaint and then challenge them befittingly in the court of law.
As suggested you may return the amount he had given by a cheque or DD along with a letter stating that since he had given this money for buying householder articles for his daughter and since the same could not be purchased due to his duty problems and also the daughter is presently living in her parents house, this amount is no longer required to be in your custody. This letter may save you from the dowry harassment onslaughts.
There has been many case where false 498A cases have been filed and the Police mostly work hand in glove with the girl's side to extract money from the Boy side. You need to consult a local lawyer and prepare a reply to be given to the police. You can go and meet the cops and speak with them. They can not arrest you straight away - note that keep a record of your attendance on you work (outstation) and also record of the days / months your wife was not at your parents house.
If the father mentions about the 1 lac they have given to you at the time of marriage - tell tham that the money was given for the treason as stated above and has not been used you can give it back right away.
Once this is settled , file a divorce on the grounds of filing a false 498A . You would get the releif quickly.