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Author Topic: Genuine 498A Case, Need Help!  (Read 2330 times)

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Offline KTirupathi

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Genuine 498A Case, Need Help!
« on: October 21, 2015, 03:37:39 AM »
Sir,

I am married since 5 years, my marriage life was never peaceful, my husband and in-laws have been always harassing me for additional dowry and gifts after marriage.They were not satisfied with whatever they received, my husband had debts, which they never told me before marriage, I helped him a lot to clear all debts, after marriage.My husband and in laws have no concern for my good nature, they think its their right to extract money from me and my parents.I took a break in career, when I was pregnant and there after the harassment became more and more.My husband has done severe economic abuse, told that he doesn't have money even to feed me and our daughter.
He has all avagations like Horse Riding, Model Photo shooting, Gambling and Gun firing.Since past 1.6 years he also started smoking, drinking and has done severe economic abuse to me.Every month, he finishes all salary by 10th of month and then harasses for day to day needs without money.He gets 1,06,000 salary, but even then says no money, beats me cruelly, if I ask money.He says, I have no right to ask his salary, I should not question his spending s and should adjust even if he doesn't take care abt me and child.

Recently, he beat me cruelly when I asked him to buy a water tube, abused me very much that, I brought less dowry from my parents, so not fit to be his wife and he need not take care of us.Afraid by his, severe cruel behavior, I ran on road to find a safe place for me and my child.The Banjara Hills Patrolling Police caught me around 1:30AM in midnight, enquired my problem, called my husband to PS, counseled him, as he was not ok with counseling, referred us to Woman CCS, Nampally.The Banajara hills PS, Woman Constable checked all bruises on my body and has taken photos.At Nampally Woman CCS, we attending 2 counseling sessions, but my husband started new harassment, that I approached Police for justice and I am a shameless woman.Fed up, with his behavior, I went to my parents place for relief.Even then, he called me and harassed me continuously to withdraw my complaint against him, because his passport application is on hold due to complaint.I asked him why he applied passport and is wanting to go abroad so fast, with out my consent he didn't answer my question.In the mean while, I came to know from bank that he has applied for 10 Lakhs loan also. I explained the situation to all relatives, they suggested me to file 498A case against my husband.I filed the case on 3rd October 2015.Now my husband and his parents applied for anticipatory bail.Now, how will I get justice?
As most of incidents happened in home, I don't have proof,  the Banjara Hills PS have verified my bruises, but didn't send for medical examination and I was not aware about that.But my case is genuine, recently my friends told me that they have seen my husband very close with a Model with whom he does photo shoots.Now, I need maintenance for me and my daughter, and justice for 5 years of physical and mental torture I faced.He wanted to betray me and go to Abroad along with the Model.The local lawyer has asked me 20k for filing a DV Case! Does filing a DV Case require so much money? Please let me know. I need justice for me and my daughter.

Offline Pratheep

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Re: Genuine 498A Case, Need Help!
« Reply #1 on: October 27, 2015, 12:04:50 AM »

Your decision to file 498 A Application is good. now your in laws are in pressure. you need not worry, you can also proceed with an application for maintenance before the local magistrate court. Also collect the income status of your husband before going for maintenance. in this situation filing Divorce application is not a wise decision. once your husband changes his mind you will have a good living. also see that you give him more and more pressure so that he will surrender. file application through women liberation commission also to mount pressure. with regard to the fees of 20K fees it depends on the local lawyer, you may find another lawyer for a less cost. 

Offline am

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Re: Genuine 498A Case, Need Help!
« Reply #2 on: December 28, 2015, 08:10:32 AM »
what evidences are required to file 498a? how to fight without evidence?

Offline saravanan.s

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Re: Genuine 498A Case, Need Help!
« Reply #3 on: January 02, 2016, 01:13:03 AM »
a medico legal certificate would help you to prove the physical harassment thats been meted out to you by your husband.you can ask maintenance from your husband for you and your child by filing a maintenance application u/s 125 crpc.you can also additionally seek maintenance under dv act
refer this link for details
http://www.dnaindia.com/india/report-woman-entitled-to-additional-maintenance-under-domestic-violence-act-2056092

Offline am

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Re: Genuine 498A Case, Need Help!
« Reply #4 on: January 06, 2016, 12:20:53 PM »
Thanx you

Offline advmisthi

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Re: Genuine 498A Case, Need Help!
« Reply #5 on: January 16, 2016, 06:58:07 PM »
You did not mention what is your goal you want to achieve after all.

By the way giving of dowry is also a criminal offence.

Why did you do that illegal act by giving dowry.
Adv.Misthi Mukherjee
I am here to help, Shoot your legal problem to me, I promise I will help

Offline advjaibansal

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Re: Genuine 498A Case, Need Help!
« Reply #6 on: April 28, 2016, 02:47:19 AM »
Dear Ma'am,

You need to pursue your case and try to oppose the bail applications filed by the husband and his relatives with the help of some or other lawyer. For filing DV Cases, the charge told by your lawyer is nominal. Please do seek maintenance for you and your daughter in DV Case. once you have filed the cases, it may some time for them to get you some relief.

Please feel free to revert back in case you need any clarification.

Regards,
jai bansal
advocate, new delhi
supreme court of india
bansal.jai@gmail.com
mobile: 9868566649
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

 

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