Want to fight against False 498a & DV
I am Vishal Yadav an IT Professional working in Lucknow (U.P.) and suffering from false FIR of 498a & Dowry act recently which was filed on 5/11/2015 at 5.30 AM.
We (Papa, Mummy, I, My younger Sister) are living together. My father is a Govt. Servant, My mother is house wife and my sister is studying B.tech outside U.P. from last 2.5 years. We belong from middle class educated family
Our story is that my wife is not interested in living with my family & neither she wants to live separately but she is endlessly wants me to live with her parents at her parents’ house only from the day first of Arrange marriage and same is highly appreciated & supported by her Father, Mother, & two elder brothers. Even her father also bribes me to help me making my company & start my own business if I left my parental house, my parents & relatives and start living with them. Thus in a span of 4 years of marriage my wife partly stayed approx 5-6 months with us. My in-laws stays within a distance of 5-6 Km, so it is very easy for her make to & fro from our houses.
Starting two years were managed anyhow as we understand that girls are pretty much attached with their parents but after that it become like bone in our throat. I personally communicate with my in-laws and was shocked when I’ll get rowdy behavior from their side. On third year she sounds to give good news which was celebrated and thought that after a baby she might understand her duties and will fulfill all the roles of Happy marriage life but after birth of baby Boy their parents was so confident that now they will do anything they want to do.
The baby was born in hospital and from where we took the Mom & baby to our house, where she lives around 1.5 month happily. Then one day again she fight for her earlier desire to live with her parents and call her brother for the same. She & her brother takes permission from my mom & dad to visit her parents’ house & will return in the evening and collected all necessary documents & jewelry which she hide in her bags where she kept the baby boy clothes and went with her brother (which was not known to us at that time). On evening when we asked about her status to return her father bluntly refuses her to send and said if you want to live with my daughter & baby leave your home & come. She is presently staying in her Papa's house with my 1 year boy from last 1.3 years.
After few days we tried to make understand their family members that what they are doing is not good for both husband-wife & both families. Which was been continued by our relatives & common friends along one year. One day we seriously ask them whether they are interested in keeping the relationship or not? Then the result is as follows:
She files 498a, dowry act and all other harassment & intentionally assaulted charges on my family.
She files that her parents had given Rs. 10 Lac Cash & approx spent Rs. 25 Lac during marriage on all House hold material, Jewelry, clothes etc. and we not happy with all the amount they had arranged somehow and now after the birth of baby boy again we are harassing her to provide Rs. 10 Lac cash & Big Car for me. She also mentions that we treat her like an animal & beet her, didn't provide her any comfort in which we are living presently and thus she is very “majboor” to live her parents and thus requesting for justice. She also mentions that we never-ever provide her any medical facilities during her illness. Whereas she also emphasizes that complete expenditure of her Baby delivery is done by her father & family (because all the bills are with her only).
After getting the FIR details from their lawyers, we reached one lawyer & he suggested to file 9C (for vidai) and we had done the same. Filing the response from their end is till due as last date is 16th Feb. & we both have to visit the Family court on 23rd Feb.
Meantime my wife raises a request complaint to Chief Minister (U.P.) and BCC the application to all govt. bodies of Police, Women Cell, etc. for the injustice done to her.
The motive is again to make pressure on us to surrender & accept their wish & leave my parents on this stage.
The Current status is as follows:
The Women Cell ordered us both for Mediation in Civil Court. On first meet my wife put ample of allegations and refuse to stay with me & I wish to stay with her. On second she was absent & busy in filing DV case along with interim maintenance the similar date only. On third she comes & told about her ill health & asked for next date but mediation counselor specifically told that this will be last meet on which she has to finalize her decision for the same.
Now we also receive a DV notice from the Cell and we have to prepare the answer for his allegations.
Very IMP points.
1. They mentioned Rs. 10 Lac cash given & 25 Lac spent on marriage, in their FIR & request letter to CM & other high authorities. But in DV case they mentioned 10 Lac Cash & 15 Lac spent on marriage.
2. They didn’t provide any circumstances of DV as they have mentioned that after every fight we ask them for sorry and beg them to forgive us. So no proof for any medical reports.
3. I am working in a IT Company and they showing me as a regular work contractor (word “thekedaar” is used) earning Rs. 50000/- but my actual salary is 25000/-
4. They are showing that my father is earning Rs. 45000/- and our house earns a rent of Rs. 20000/- per month.
5. In that case they are asking for Rs. 25000/- for my wife maintenance & Rs. 10000/- for Child maintenance till the resolution. Also a conveyance of Rs. 500/- at every judiciary visit.
6. Such many points which we can proof them false.
7. Before marriage we were owning a IInd hand car (Maruti Esteem) and year 2015 on 1st June we managed to buy a new family car on 5 Lac loan from Bank before the 5 months from the date of FIR launched.
8. She mentions that all the expenditure of her delivery was bear by her Parents and her father & brother admitted her to the hospital. Which is false all the expense is bear by us and we have taken an admission & discharged duplicate copy of my wife from the hospital which is duly signed by me. Which shows the presence of our family during the dilvery.
Whereas actually we can provide the proof through Marriage Photographs & Videos for all the goods/gifts which was given during the marriage ceremony. i.e.
1. 1 Lac Cash during the bariccha/ Roka with few sweets & fruits in front of everyone (Approx 60-80 people)
2. 1 Suit length clothing for me.
3. Tilak was done at the marriage day at the entrance of Marriage lawn in which they presented two round brass plate (thaal) fill with few sweets and a pair of shirt & trouser and Rs. 1100/- cash. Which was supported by a Golden chain presented by his Father.
4. In morning her brother wife presented a Sonata watch during vidai.
5. Followed by Double Bed & two mattresses, One Almirah & One dressing table.
These are all the gifts & goods were given from their happiness as nothing was demanded from our side.
Even what we offered them is also in proof.
1. One Golden Set (with bill) on Goud-Bhrai followed by ring ceremony. Even she was properly dressed but still my Father’s Sister wear her the Golden necklace followed by 5 share, sweets & fruits.
2. On marriage day 25 set of saris, One Full set Gold necklace & earrings, One Gold mangal sutra, 2 pair of Gold bangles, Silver anklets & silver toe rings etc. (with bill).
3. One Golden rings on her first time entering in the kitchen supported by gifts etc.
4. One Pair of Golden earing on birth of Baby. (with bill)
5. One Golden chain for baby (with bill).
Above all mentioned items are with bills.
Sir, I genuinely love & respect my parents as well as hers but this kind of non-sense shall not be entertained at any cost. I want to fight for this injustice and peace for my family.
I request you to kindly guide with your valuable experience to handle the case and to fight this injustice.
Looking for your response….