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Author Topic: looking for justice  (Read 1783 times)

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Offline swarupa1984

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looking for justice
« on: September 25, 2014, 08:40:03 AM »
hi friends,
i got extremely shocked that when it comes to 498;instead of women men are being considered victims.. i do agree that this law is being misused by many women to extort money bt that doesn't turn every complainant into a fake one...
am sharing my own story here to seek a way ahead to get over trauma am currently going through....
i went to my maiden place at kolhapur on the occasion of diwali last november. n i was about to return to mumbai that day,wen i got a call from my husband,n he said that i should not come he is leaving mumbai forever...n would not continue relation any more.n hung up the phone...i tried his number later on.. bt it was switched off.i immediately reached mumbai next day...n found that he has left with all his luggage where we recently had shifted on a rent...then i went to my in laws place,it was locked as my in lawd were in US at that time at my sister in law's home...i then rushed to my eldest sister in Law's home who stays near by us..she reluctantly took me inside het home..wen i askef about my husband she n her family members denied to know about him..whereas he made his last call from her home as he stated...then wen i denied to move from her home...she called up she is handicapped police came to her place instead she goes to police station... they console me n i went with them n register my husband's missing sister in Law's husband made fake nc against me that i abused them...i went to his office where i came to know that he had resigned 1month back n was serving notice period...i enquired to his friends but they also said that they are not aware of him doing this thing...i kept daily follow up at police station...n 1 day at night i decided to go to my in laws place...i thought it was locked n i started to yell at the closed door to vent out my frustration.. n to my surprise my husband opened the door n came out...i was stunned to see him there...he directly took me to police station... where i took my missing complaint was 1 o clock at night...wen we return to our rented home he askex me to unlock the door...wen i went upstairs...he was standing downstairs n quickly ran away like a thief in the dark....i ran behind him bt could not grab him.then next day morning i again registered his missing i had decided to enter my in laws i was not finding the key which my husband had given to me in all thia chaos... so i approached nearby key maker for the same...wen he was making a duplicate key my  handicapped sister in law cane there with the police... she showec power of attorney wherein my in laws had given all the rights to her regarding this house...n also showed affidavit stating that my in laws have disowned my husband n my elder brother in law...when police told her that am not a tresspasser being a daughter in law...she denied my entry...i returned empty handed... then i searched for the key everywhere in the house as it was the last hope for me to enter inside my inlaws house...fortunately i found it somehow... i immediately went to my in laws house..unlocked it with the key n going inside locked the next20 min my handicapped sister in law came on the wheel chair along with police... they banged the door but i refused to open it..police also went back n warned my sister in law not to cause any trouble to me....meanwhile i had registered harassment complaint at state women commision....they also warned my sister in law to stay away from thia matter until my in laws would return from US.
she,her husband n my younger sister in law tried all sorts to evict thet removed electricity fuse...asked cable operator not to resume cable service n so on...i didnot heed to their petty acts..n continued to stay there doing my job to earn my bread n butter.
when my in laws returned after 1 month,as soon as they entered inside they startes abusing me in a filthy language... even  my mother i law raised her hand at me...i then took help of police n dialled 103to seek help..police came immediately at the spot n took all of us to police station.. after hearing me,as they were already awareof the matter by now...they made my in laws to give in a writing not to torture me any more...then we started living together.. bt my mother in law denied my access in the kitchen... n deprived of everything at home..

.i was even denied access to water also...i used to fill 2 water bottles daily from office n had a lunch n dinner in a mess.                                                               
one sunday my in laws got a call from police  station following a recommendation from state women commission to investigate my case...they called up my in laws,sister in laws n me at police station... when we went there these people answered rudely to officer n made baseless allegations on me..they were at no point to undestand the situation... looking at their non cooperative attitude n arrogant behavior police officer himsekf told me to give a written complaint against them which was registered under 498.i gave their names in the complaint including my husband who was still absconding... when police started their investigation they found through one of our neighbour that these people had me sit outside their locked house previously for two days n harrsing me a lot to go back to kolhapur every now n then..wen theae accused were asked about my husband's whereabouts tgey straightaway denied saying that they r not aware of him...meanwhile they succeed to get AB somehow before police would gey approval for their arrest...except my husband as he had not applied  for AB till date... n is still absconding.
i have also filed DV against these demons for residence order as i am scared if someday i would be evicted...
am least interested i  the maintainance qualified enough to lead a good life ahead on my own...but i want to teach a good lesson to such culprits in a society who thinks marriage is a game...n the bride is a toy to play with..most humiliating n unbelievable fact us that though it is a love marriage after 7years of long distance courtship i am cheated in a notorious way...a my has not kept physical relation with me ever...he is  a patient of  diabetes.
my queations:
how can i make my husband appear before the court?
can his warrant be issued if he is not appeari g in the court..he was not present for any of the two hearings of dv till now.
police has told me they have recently filed chargesheet for 498..can i get copy of the same from court?
in recent DV hearing judge had asked my lawyer to re issue the notice to my husband.
what action would be taken if he is found to be in abroad?
can i be evicted by my in laws in my husband had been disowned from the property.. n house belongs to my father in law..based on pagdi system...?
please show me the right path ahead....

Offline advmisthi

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non appearance amounts to disregard of the court
« Reply #1 on: September 29, 2014, 07:06:19 PM »
Your husband's repeated non appearance will go completely against him.
he is doing a foolish thing.

regarding a copy of the charge sheet yes you apply for it you will get a certified copy.

report every incident to caw cell also collect as much evidence you can for court purposes eg record ph conversation
Adv.Misthi Mukherjee
I am here to help, Shoot your legal problem to me, I promise I will help

Offline advjaya

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Re: looking for justice
« Reply #2 on: September 29, 2014, 07:08:51 PM »
Can you secretly install a cctv camera in your room.

if possible do it but non of the family members should be aware of it
Madras High Court Advocate

Offline swarupa1984

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Re: non appearance amounts to disregard of the court
« Reply #3 on: October 15, 2014, 01:50:36 AM »
Hi mishti,
thanks a million for ur help.
can u please tell me about any such legal way that will help me out to make my husband appear in front of the court?
« Last Edit: October 15, 2014, 01:53:03 AM by swarupa1984 »

Offline swarupa1984

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Re: looking for justice
« Reply #4 on: October 15, 2014, 02:02:46 AM »
Hi friends,
finally, my in laws have been successful to evict me out of their house.
they threw all my belongings out of the house.n both of them held my hands n kicked me out of house. when I approached police they said that our case is pending in the court.n my in laws are senior citizens.
so I have no right to stay there.they took my NC against my in-law.but no stringent action has been taken against them by police.
I have now come to my native place,since I had no other option left.
please advice further.....

Offline advswagata

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Re: looking for justice
« Reply #5 on: October 15, 2014, 05:12:24 AM »
Approach CAW cell with your plight.
as a legally wedded wife you have right to residence


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