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Misuse of 498a - IPC

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10.11.2011
13.10.2011
| prashant_0786 wrote 219 Days Ago | ||
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respected sirs
i prashant r adhangale am working in mseb mumba. My family is joint includes my mother,father, 2 younger brothers( one married before me), 1sister in law, 1nefew. i m basically from nasik. i live in Mumbai for the job. i used to go weekly to nasik. i have married (arrange) in 07 feb 2010. my wife is also living in nasik near to my area & was studing in engg. diploma college. There is 11 yrs age diff. between us. After marriage we don’t go for honeymoon as she has her exams. After her exam we went to goa with my uncle’s family. We also had gone to hydrabad as I had official training there. We had there for 4-5 days and watched all spots. After 2-3 months returning from hydrabad my parents and me admitted her in engg. degree college at nasik, Also booked the transport facility of college. I paid 10k for her tuitions. While going to her 1st semester exam my brother (married) & my wife had Sevier accident in morning 10.30 am which left my brothers leg broken and my wife is normally injured. I was in Mumbai. My parents admitted them to nearest hospital. My family shifted my brother to thane for operation. I was there in nasik to look after my wife in hospital. I lived there in night outside the hospital. At the time of discharge her father threatened me on phone that with who’s permission you have taken my daughter & if some happened to her then I will see you. You check my record in nasik. The matter was ignored by my family at that situation. Then after one month my brother had come to home from hospital. During this period she doesn’t listen to elder persons in home & usually came late to home. Earlier She had once injured herself in hand with knife as I had gone with my relatives out side the home. After few days she start saying that she doesn’t want to live with my parents house, you take me to the Mumbai I will attend my engineering college from there. At my brothers (Injured) birthday in jan 2011 her father gave her new mobile in the evening and at night 11.30 pm they came with their uncle & aunt below my building and start quarrelling her father said I will fire my girl and jailed you. If you not send my daughter to Mumbai. She & her mother said that they want divorce from me now. After that they started to pressuring. We had a meeting to solve the problem but her parents are stick to their demands. Then they had broken main door of my house at nasik. During this dangerous period my parents had given time to time intimations letter to commissioner of polis in nasik. After her insist we came to Mumbai & rent a house in chawl at vikhroli (E) with my wife’s permission. She starts attending her college from vikhroli. She leaves the house 6.30in morning & came back at 10.30 pm to Mumbai. She used to go her parents house first then to college. After few days she start saying that she is unable to do the household work & will not live in that rented house. Then she started making food at one time in morning only. She asked me to cook for her in nights or hire a maid for all house hold work. At that time my earnings was about 17k I had paid 50k as deposit for this room. Her parents also start threatening me that you have put my daughter in hut, you ask your parents for giving your part in their property, sale all the ornaments and book a flat in Mumbai, take fridge, tv and other things as she is not used to do the household work. Once her parent came to my house in Mumbai and said me to go to police station and file a report that I doesn’t want to live with my wife. We will took her with us. After that day she orally started abusing my family and start quarrelling with me for nothing. She then insisted all the gold & silver ornaments of her and mine. I had gave all that she want. Now she start fighting with me and start finding the way to injure herself so that she could caught me but I defend her, she makes such statement that she will create a situation so that I will automatically leave her. On face to face she says to me that I doesn’t want to live with you you have not financially capable to look after me I will leave you and will get married to a politician as her parents and relatives are in politics & politician has lots of property. I will make a situation that you will leave me and I will get your half property & 1/3 rd your payment as maintenance. After getting fade up I have decided to file a divorce petition in bandra court. I started preparing for that. Meanwhile she had her 2nd semester exam and left the house saying that she will not return. I filed a case in bandra family court & after her exam I sent a notice to her at her parents house as she is there. She and her mother managed to refused the notice. Then they went to mahila sanrakshan at commissioner office at nasik. They asked me and my family to present as I was suffering from decentry I inform the police. Then they filed a 498a case against my family in nearest police station. Mentioning physical harassment, demand of 20L for flat & gold ornaments presented at the time of marriage (already she had that). Also claiming 6 tola mangalsutra was presented to her at the time of marriage while as per hindu marriage mangalsutra was normally given by husband to wife. In lower court my family approached for anticipatory bail but I was excluded saying that as per my wifes demand my police interrogation is needed for the situation of ornaments. They respond to ABA that if they pay 1.10L to police then ABA should be grant. In high court I applied for ABA there they respond to ABA that the ornaments are of 3.5L as the ornament (mangalsutra) is made by adding new gold to old. The said mangalsutra is belongs to her mother and was stolen in nasik which complaint also they have launched in police station. Now she had come to 1st date of div. petition in coucelling She told that she wants to live with me. I told I doesn’t want to live with her as she had booked 498a and she is harassing me physically and let the court decide. Her parents on that day abuse me in front of people & called police saying I am abusing them. The police warn me. I told that ask the people around one of them said that the boy is true then he left saying that no one will be present in court from your side for this. Meanwhile she had booked false case against me in nasik for harassing on road. I have evidence to prove that it is false case. Now she had booked a D.V. case against all my family & relatives in nasik. I am very depressed & doesn’t know what to do please help me that two cases are against me in nasik & I have filed a div. petition in Mumbai. Please help me to come out of this. My email id is aprashant_1980@yahoo.co.in |
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13.09.2011

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Since time immemorial the framing of all property laws have been exclusively for the benefit of man, and woman has been treated as subservient, and dependent on male support. The right to property is important for the freedom and development of a human being.
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