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Subject Topic: Divorce & maintenance - help needed Post Reply Post New Topic
Message posted by mail2niceguy007 on 20/July/10 at 09:25 - IP Logged
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mail2niceguy007
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23/July/09
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Thanks for your moral and legal support Cheeda and Hardik.

I have two queries:
1. In her complaint, she has stated that she gave dowry to the bridegroom. In FIR & Witness statement, it simply says given to bridegroom family members. I heard that this cannot be filed under DP3 as they have not mentioned in particular. To file this shall i wait and proceed until they give statement in 498a..

2. Based on ex-partie divorce, can i get quashed 498a in supreme court?

Still I need to prepare lot of things and will be keep asking the questions. Thank you very much for your invaluable support Cheeda and Hardik.

With best regards.

Message posted by cool_ris on 20/July/10 at 11:45 - IP Logged
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15/May/09
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M2,

1. They accepted of giving the dowry in the chargesheet or in her complaint? If it is chargsheet then please go ahead. You can still file DP3 as they have accpted giving dowry in the marriage. No matter to whom they gave.

2. I don't think that this is possible.

MY Advice: Please file TEP as soon as possible.



-----------------
Jai Hind
   Cool
      

Message posted by Cheeda on 20/July/10 at 13:16 - IP Logged
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Cheeda
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28/November/09
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M2M,

Allow the case to progress, Quash in High Courts are rare ( low success rate, unless agreed mutually ), get all proofs on record of the court and then file for discharge.

In High Court Quash - you need to prove that you are not guilty. In lower Court - The girl needs to prove the offences..

Which is easier in your case?

As Cool said, file TEP....assured results will come in 3 months time...I hv got the same and investigation from IT, under way to my FIL home. IT guys are some sympathetic in dowry related cases and hence you will see action faster from them..anyways, if your FIL accepts that he gave dowry of xx lacs, then it is also revenue to IT in form of taxes...remember IT guys have revenue targets every year to achieve..so TEP is one form of lead generation to them....

Chief Comm of Income Tax told me this in person when I met asking him for help.



-----------------

Cheeda

Message posted by reunite on 20/July/10 at 15:49 - IP Logged
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11/July/09
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Cheeda,

I am glad to hear this from you. Give the MF- FIL a taste of his own medicine. Typically the charges will be 3 times of the tax evaded in Rs. His soul will evaporate and his useless old body will kept alive in some shady hospital. His relatives will try to save him and keep him alive, he on the other hand will suffer in pain, the more he lives the more pain. Sounds cool, isn't it?

reunite


Message posted by hardikm on 20/July/10 at 17:08 - IP Logged
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M2,

Since you have got the ex-parte divorce, put the same on the record in 498a case and give the copy to opposite party by taking their signature. This will have 2 effects, first is that she will come to know the ex-parte divorce and if she does not appeal in 90 days, the decree will be valid. In future if she claims that she has not got the decree and also claims that she was not aware of the divorce, then you can produce this copy. The second effect is that the judge will also loose the intrest in the case.

Dont go for quashing, after the girls statement is over and if she has not provided documentary evidences in support to the allegations, then apply for discharge and the case can be discharged easily. Dont go for DP3 at this stage, but yes, you can go for TEP as suggested. Once the TEP is filed, follow with RTI and dont forget to take 20% of the recovered tax as your reward.



-----------------
Regards,
Hardik Mehta

Message posted by Cheeda on 20/July/10 at 17:30 - IP Logged
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Cheeda
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28/November/09
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Reunite,

Your statements about my FIL are honey to eyes and ears..

M2M,

As Hardik suggested it is the best way, let the case progress..it may be pain to you, but you will slowly start enjoying the fun, everyday the girl & her side has to die...a painful death.

Which is a painful death? When you chop the head off in one stroke or when you slaughter the neck with gasp and allow it to bleed slowly to death? ....

Sorry for being cynical, all thanks to my wife and her parents, I have become this way....Emotional Hatyachaar



-----------------

Cheeda

Message posted by mail2niceguy007 on 21/July/10 at 09:11 - IP Logged
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mail2niceguy007
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23/July/09
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Hi all

Thanks for your overwhelming support.

Can someone explain what is TEP?

regards

Message posted by Cheeda on 21/July/10 at 17:51 - IP Logged
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Cheeda
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28/November/09
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TEP is Tax Evasion Petition and is written to Income Tax authorities to the Circle office of ur in-law with copies to respective Jurisdictional offices, like Commisioner Office and Chief Comm Office, DG - Vigilance.

What u write in this petition is --- showing ur FIR copy to Income Tax ppl that ur FIL had accepted the fact to police that he paid u 20 Lacs Cah + 50 Tolas Gold during so-and so marriage, hence you feel that he had evaded paying tax on that money + gold he paid u as dowry and now Income Tax shld collect Tax now and that you giving them the lead and demand 20% of collected tax as ur reward money.

IT will send notice to him based in his FIR stmt and then ask him to reply and also file ITR. Now, ur FIL will rush to a CA and prepare his ITR papers and declare to IT that he does not have much income as said in FIR to the IT department. Next you file an RTI and get this reply from IT dept and present it in the court his contradicting statements to 2 govt departments....

i.e to Police he said he paid 20 lacs + Gold but he filed ITR to Income tax dept saying he does not have 20 lacs + 50 Tolas gold and that he does not owe any money to IT... Hence court nullfies his own statement that he gave in FIR. Incase he accepts giving that money as dowry then will have pay 33% annual tax compounded from the year he declared this accumulated income.

So both ways, he is foxed, boxed and poked into his own hole...

what is polo? A mint with a hole....Cool naaaaaa



-----------------

Cheeda

Message posted by mail2niceguy007 on 22/July/10 at 07:52 - IP Logged
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mail2niceguy007
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23/July/09
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Hi Cheeda

Thanks for your valuable explanation.

My FIL is doing nothing and sitting idle at home. They have mentioned in complaint - 1 lakh dowry, 400gms of gold, other house hold items. but in FIR it is 10K dowry, 400gms of gold and other house hold items.

Will it be effective and worth if I put TEP?

Message posted by Cheeda on 22/July/10 at 11:39 - IP Logged
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Cheeda
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28/November/09
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Income Tax will not accept TEP for such low amounts..like 1 Lac..Do you hav any idea that your FIL has some lands or farms in his name whose net worth could be say 50 lacs now? If so then you can go ahead with TEP else no point.

However, you can counter their allegations, since girl needs to prove the court about 400gms gold....like photographs of ornaments, bills of purchase. If they cannot show then that stmt gets nulllified...Rs. 1 Lac or 10K can be justified by them as hand loan and then they gave you this money.

Hence wait and allow the case to progress....wait and watch they wil be caught in their own ebb of lies.



-----------------

Cheeda

Message posted by cool_ris on 22/July/10 at 14:26 - IP Logged
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15/May/09
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400 gms  of gold does also have some value. How did he (FIL) arrnage so much of gold while sitting idle at home? Did he inherit that gold from his forefathers then did he pay WEALTH TAX on that?

-----------------
Jai Hind
   Cool
      

Message posted by mail2niceguy007 on 29/July/10 at 21:49 - IP Logged
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mail2niceguy007
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As cheeda suggested let me wait till the case progresses.

Till then, i would like to drag MC case. What are the possible ways to drag. If i put child custody how far it will work (even though I may not succeed in it).

Regards

Message posted by mail2niceguy007 on 10/August/10 at 09:09 - IP Logged
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mail2niceguy007
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23/July/09
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Hi All,

I heard that I can ask my mother to put MC against me to claim 50% of my salary and get order quickly which will reduce my MC to her. As I do not have any possibility to get loan from my company, I have been told this.Do you all think that will it work out?

Please share your suggestions and thoughts on this and give me someway to reduce my burden to pay MC.

Thanks for your help.

Message posted by hardikm on 10/August/10 at 18:40 - IP Logged
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03/April/08
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M2,

There is no use now to file the MC by your mother, but in the same arguments you can say that your parents are dependent on you and so this will be taken care. Dont worry at present and if you feel that the amount is high, go for revision in High Court.



-----------------
Regards,
Hardik Mehta

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