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Subject Topic: help Post Reply Post New Topic
Message posted by sanjay sony on 20/July/10 at 18:50 - IP Logged
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sanjay sony
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India
29/July/09
25 Posts
Dear hardik ji
good evening sir ji,i discus my case with u that w have given all the artile in police thana,what they have given in marriage.but now the poistion is in july , e have hearing in chd high court.last day i receive call frm IO of police thana..he was asking for submitting the rest article. i told hime we dont have anything left..
tell me sir we have hearing on 3rd of july, Can IO come to my house..i am worried..please help me and guide me
sanjay

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sanjay

Message posted by hardikm on 21/July/10 at 02:55 - IP Logged
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hardikm
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03/April/08
5836 Posts

Sanjay,

Please continue posting in the same thread as the histody is known and easily identified about the issue that you have faced. Now if the police is asking for the remaining stuff to be send,

The IO can come to you house to check the things, but if it is not there, then they cannot do anything. Your word is to be considered. Sometimes, if the oppoiste party bribes, then the police will come. In such cases, you need to make the list of the articles taken and ask them for the bills. Dont allow to take them as it is, otherwise it will be in the police gowdon. Recovery will be a tough task. Keep the receipts and / or photographs in place for the claim and do not allow to take them those articles.



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

Message posted by jaibansal on 21/July/10 at 06:23 - IP Logged
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jaibansal
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04/March/05
3988 Posts

Dear Mr. Sanjay,

I O can certainly come to your house after taking permission from the SHO. But before than i would suggest to file an application that the entire article of the girl is already deposited with the Police Station and you are not holding any more articles.

Regards,



-----------------
Jai Bansal, Advocate
Supreme Court/Delhi High Court/District Court
New Delhi

Message posted by sanjay sony on 21/July/10 at 20:10 - IP Logged
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sanjay sony
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29/July/09
25 Posts
Dear law gurus,
where i have to given the aplication,my local police station(my home town)...
sir in my house we have some new purchase but we got bill for the same....
let us suppose the IO come to my house what should i ask them..sir my case is in high court chd,and case hearing is on Aug 03,please tell me untill and unless our case is in court..can IO can disturb us...sir ji photograph and marriage video keep big role in 498A case..
i thing IO is looking for bribe...tell me what should i do.

thanks
sanjay

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sanjay

Message posted by hardikm on 22/July/10 at 03:38 - IP Logged
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hardikm
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03/April/08
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Sanjay,

You need to file an application at the place where your wife has lodged the complain and the IO has called. Not at any other place. If the IO comes to CHD to take the articles, then you should produce the bills and tell that they belong to you. If you produce the bills and claim the same, they will write it in the report and submit to the court. They will not take that articles. If there is any dispute in the articles, mention that in the list of the articles that has been taken and the same will be useful for you in recovery if seized.



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Regards,
Hardik Mehta

Message posted by sanjay sony on 22/July/10 at 19:36 - IP Logged
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sanjay sony
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India
29/July/09
25 Posts
Dear law guru
thanks for reply.dear sie actually i am from himachal and my marriage cermoney happen in chandigarh.....i got AB of my family memebers in CHD high court...in first hearing the judge give next hearing,in next hearing he gives third hearing coming on Aug 3rd...things is that let us suppose IO come to me and ask for recovery then i should ask for BIll in photograph(but in FIR his father said he has given 1.5 lacks for articles)for TV ,fridge etc...i am confused about it...beacause case is under High court and how it possible IO threat me(untill the judge sahib not say for recovery)..please guide me
thanks


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sanjay

Message posted by cool_ris on 22/July/10 at 20:13 - IP Logged
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cool_ris
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15/May/09
1116 Posts

Sanjay,

This is India (ye hindustan hai meri jaan)! So everything is possible.

As suggested by hardik, give an application to the DSP, Women Cell.

Please PM me the details of the women cell i.e. concerned IO.



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

Message posted by sanjay sony on 27/July/10 at 15:55 - IP Logged
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sanjay sony
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29/July/09
25 Posts
dear hardik ji
there is no rule to save yourself from recovery...what we should do for old(15yr old) furniture for save...can i file FIR against IO for abusing and misbehavior...what we should look if he ask for articles, i mean bill and photographs of articles...like this please sir help me to save my home article...what i should do..
thanks


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sanjay

Message posted by Cheeda on 27/July/10 at 17:50 - IP Logged
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Cheeda
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India
28/November/09
209 Posts

Sanjay.

Police will not collect cots, mats, rugs, pillows..yaar, Policewale Kabadi walle nahi hai .....silly fellow

Police can only confisticate articles that your wife gave you and in all probability she will write only Gold, Jewellery, TV and Fridge, maybe Car or Bike, if at all she had gifted you. And for all these she needs to produce bills and photographs, if any...



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Cheeda

Message posted by sanjay sony on 29/July/10 at 09:38 - IP Logged
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sanjay sony
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29/July/09
25 Posts
Hello Cheeda
thanks dear brother, i was bother about all this thanks,actually they have given nothing...for proof she will have to produce bill and photographs...ok,,, duplicate bills can be produce but photographs will not...
thanks


-----------------
sanjay

Message posted by hardikm on 29/July/10 at 22:31 - IP Logged
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03/April/08
5836 Posts

Sanjay,

Just mention that they need to prove that they have given the amount, which is given in FIR. The statements would not suffice, but the source of funds should be taken into account. The court will ask about the 1.5 L, which they gave for all the household articles, but if you already have the articles, then what is the use of those articles. Let your lawyer argue for the same. There will be the trap: the opposite sides lawyer will tell that there is still the recovery of 5 L, and on that basis the AB will be cancelled. If such trap happens, shout on the top of the voice for the injustice and tell that these things were not mentioned in FIR and is after thought.



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Regards,
Hardik Mehta

Message posted by sanjay sony on 05/August/10 at 18:44 - IP Logged
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sanjay sony
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29/July/09
25 Posts
Hardik ji
goodevening,
sir today i was in my hearing in high courti was surpried when judge say with little check my case said cancelled here AB and send them behind bars,after request of my laywer he said join investigate in the thana,tomarrow we are again going but sir tell me...
we dont have nothing but i am looking IO for adjustment with seond party(TIE)for final adjustment
letus suppose second party is ready with hugde adjustment..which is more then my expection..
on the next hearing of court what will court do...how can i protect my old age parents...
please guide me...if said court ask for my custody behind bars..how many time i will be have to here...
after punistment....will i have to pay for 35 tolla gold...please i amvery much confused..please
sanjay

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sanjay

Message posted by hardikm on 06/August/10 at 02:49 - IP Logged
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Sanjay,

Dont worry, just tell the judge that you are ready to go behind the bars. Do not go for any adjustment. Once you are released from the jail fight for justice and say that you are not ready to give anything to your wife.

You dont have to pay anything which is false. Such things are just the trap for you and nothing more. If you are firm and fight with might, then the court will also listen to you. Be brave and go to jail. Once you are out of jail. nothing will happen. And they have to show that the 35 tolas of gold is with you which belong to them. If they are unable to show, then you dont have to give anything.



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

Message posted by sanjay sony on 07/August/10 at 22:17 - IP Logged
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sanjay sony
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29/July/09
25 Posts
Hardik ji
thanks for motivate me for go behind bars i am ready but what about my parents,plz tell me how can i save them from this..
second i have plane to file DP3 aginst her family,ask payscale of her father from private factory through RTI and one letter will send to INcome Tax department for spending of huge amount in marriage and 35 tolla of gold...
please guide because my next hearing is coming on 9th sep..
can i file more case on her family...i am ready to go behind bars but i want to see her family also behind bars.
now tell me sir in what sequence i should file case
thanks
sanjay


-----------------
sanjay

Message posted by hardikm on 10/August/10 at 22:03 - IP Logged
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hardikm
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03/April/08
5836 Posts

Sanjay,

Generally, only the husband is send to jail and not the parents. Since she is claiming 35 tolas of gold, she has to prove first that she has given that gold. Only telling will not help, they have to give the receipts as well as the proof that they have given to you. Stand up on this point and be agressive. I would suggest you to take the regular bail rather than AB.

First take the bail, then wait for the chargesheet to be filed. Once the chargesheet is filed, take that as the base of the investigation and then file DP3, TEP case of malicious prosecution and finally perjury.



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

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