Today I spoke to a 72 year old retired army man who has been fighting for JUSTICE for last 13 years. His Son who was falsely accused of a dowry case died of a heart attack. A young man who could not see his parents suffering so much because of his failed marriage. This family spent 29 days in Jail. Immediately after coming out, Mr. Jain started his battle against false cases on him and his family and continues to fight til date, even though he and his family were honorably cleared of all the charges on them. He has made sure that everyone – the girl, her parents, the cops who conspired with the girl, judicial officers who lapsed in their responsibilities are brought to trial. In my conversation with him, he stressed on the fact that it’s a personal battle and no lawyer would fight your case as seriously as you can. I would be posting a detailed conversation with him later, but here’s a document that he has prepared which is extremely useful when one is fighting 498A or generally also for every man’s family in India who can be made accused in these cases with allegations FLYING IN THE AIR without ANY evidence on ground or ANY truth in them. They say marriage is a sacred bond. But in today’s time, marriage is anything but SACRED. All those who have a stable marriage (sounds such a cliche with all the compromises people make to keep it stable) must thank their stars or adjusting capabilities but the fact is – Marriage today has become highly materialistic and a bond of Convenience and Comfort. The day it comes across a rocky patch, it can Kaboom. And when that happens, BOY and his family can have it REALLY REALLY HARSH. So here’s a compilation of DO’S by this FIGHTER who despite his age is FIGHTING BACK like a young man and making sure that JUSTICE happens. What he has LOST can never come back, but he is surely an inspiration for me and I am sure would be for many!!! HATS OFF SIR.
TIPS FOR SURVIVAL FROM FALSE 498A
(Compiled by Aar Ess – firstname.lastname@example.org)
MY CASE BRIEF :- A false case u/s 323, 342 , 307 , 406 , 506 , 498 A & 120B IPC was registered by my ex daughter in-law at PS City Jind (Haryana) against me , my late son & my wife. We both are Sr. citizens , residents of Baroda & she resided in Ahmedabad (Gujarat) . We all the three were arrested from our house at Baroda by Haryana Police , handcuffed & put into the lock up cell at Jind . Truck load of our costly goods were seized & taken to Jind on the pretext of recovery of dowry articles . Our bank accounts at Baroda were frozen by the I.O. Three times police remand was taken . We remained in police / judicial custody for 29 days before getting bail from Addl. Sessions Jdge Jind. My son had to be hospitalised at Rohtak by Jind jail authorities & he first became 100 % handicapped & later died due to a cardiac arrest during the pendency of the case . Session Court Jind framed charges against us . The case was decided in our favour by Punjab & Haryana High Court on the grounds of jurisdiction & other merits .
COMPLAINTS :- There after , the complaints against the then SP Jind , case I.O and others were made to NHRC New Delhi , Lokayukta Haryana , DGP Haryana and Finacial Commissioner & principal Secretary Home Haryana etc. . Enquiries conducted by four different DSPs , one SP & an IGP confirmed that a false case was registered against my family . SP Jind was issued warning letter , DSP Jind was charge-sheeted , five annual increments of case I.O were stopped with permanent effect. Ex daughter in-law was declared as a proclaimed offender u/s 182 IPC by Jind Court . Complaints to PM , President MHA , CM Haryana , Grievance cell , State Governer & Amnesty International etc were not very effective but complaints to NHRC New Delhi , Lokayukta Haryana were effective .
COUNTER CASES :- A complaint case u/s 203 , 219 , 220 & 120B IPC was registered in Baroda Court against the then SP Jind , the case I.O , my ex daughter in-law , her mother & father and her two maternal uncles . In a separate case , her father is facing trial at Baroda in making telephonic threatening calls & charges have been framed against him u/s 387 & 506(ii) IPC. The proceedings at Baroda have started in both the cases against the accused . Against my TEP, Income tax Dept. of Ahmedabad has also attached her father’s properties .
APPROACH & PROCESS:
A). DOCUMENTS TO BE COLLECTED AFTER MARRIAGE
1. Matrimonial Biodata given by the family of the girl /copy of News paper ad.
2. Marriage invitation cards of both the families .
3. Photographs of engagement & marriage.
4. Video of engagement & marriage .
5. Copies of all marriage related purchase / Hotel bills &expenses , paid by your family . Preferably , make payments by cheques only . Even later , all your assets be purchased through your cheque or credit card & against
6. Any letters / cards sent by the girl to boy before & after the marriage .
7. Any letters & of good time , by her parents & joint photos with her .
8. Rail / Air Tickets, photos and hotel bills of the couple for their honeymoon
9. Voter I card , PAN card , Driving License , Passport and her Bank account statement immediately after the marriage .
10. Her school & college leaving certificates , educational and professional certificates .
11.Her employment details in the form of a job resume duly signed along with the last salary slip .
12. If she is employed , know her employer and friends .
13. Copy of her Income Tax return , if applicable .
14. Copy of her Mobile Bill / customer application form(CAF).
15. Maintain a diary / directory having names & addresses of her close relatives friends & employer etc with their contact numbers.
16. Keep record of registration Nos. of vehicles owned by her family & also find details of any loans taken by her father .
17.Copies of life & health insurance and property documents in her name if any
18. Her Medical treatment record after marriage .
19. Copies of Voter cards , Ration card , Property tax & light bill of her parents & IT return copy of her father for the year when she got married
20. To prove your presence/ location , you must retain all your petrol & Tel.bills, Air , Rail , Bus & taxi travel tickets , Hotel bills & passport stamping etc .
21. To avoid future implications , joint Bank account , FDs / Lockers be
22. Don’t ever accept any cheque payment from your in-laws .
23. After desertion of your wife , change your banker & mobile service provider.
24. Get a certificate from your LPG kitchen gas Co. that your kitchen has enough safety measures in case of accidental gas leakage .
25. Get a certificate from a qualified Architect that two way locks are fitted in all doors & kitchen has an open passage with out a door .
26. Copies of her E mails , letters & phone calls records .
27. When she decides to leave you & wanted to take her belongings , it will be in your interest to get a signed receipt of the items / jewellery collected by her & countersigned by her father/mother /brother etc. . A report of her desertion should be made to your local police station immediately .
28. Maintain contact with the local SP/DIG/IGP/DGP etc. & give them in writing that you fear false 498a from your wife .
29. All correspondence/letters be sent by Regd. AD / Speed Post AD . Retain the postal receipts & AD form.
30. On getting information of her filing a 498a case , avoid arrest & get Anticipatory bail for all the family members .
31. At this stage , if you have information about her filing a 498a case , you go to hiding as the process of law can start only after service of summons and or Warrants . Don’t use your mobile & hand set , switch it off . Get anticipatory bail through some good lawyer.
32. Make use of RTI Act 2005 to obtain information from Govt. Agencies.
33. Install a call ID instrument to your landline instrument & in case you get call from your FIL / MIL or BIL , register a threatening cases.
34. Be careful while talking to your in-laws / wife on phone/mobile as your call might be recorded.
35. Avoid conflicts , remain cool , positive, have courage & state facts which can be proven . Be courteous but don’t pay to police as it will not help .
36. In false cases of 498a / DV, the girl’s mother play a very negative role for various considerations including GREED .
37. Don’t become emotional & get black mailed .Work logically & systematically . Be mentally prepared for accepting the future troubles & Expenses.
38. Try to acquire knowledge about the process of law in 498a from various NGO websites , court judgements , CrPC , IPC & D V etc .
B) DOCUMENTS AFTER REGISTRATION OF FIR BY THE WIFE :
- Copy of complaint ,FIR & statements recorded u/s 161 CrPC .
- Read the FIR thoroughly . List out allegations & the sections of IPC ,stated in the FIR and start collecting evidence documents to counter them .
- Copy of Bail order .
- Copy of case file to be obtained through your Advocate .
- Copy of police case diary(Jimnis) , Rojnamcha for the days of regn of FIR & arrest , under RTI Act.
- Copies of call details of your all mobiles & land line phones for the month when FIR was registered .
- To know the background of the case I.O , you may obtain copies of pending Deptt. Enquiries & held in the past against the I.O under RTI Act 2005 . Don’t sign any confessions or statements to the police .
- Prepare a document covering date wise sequence of events & index of evidence documents held .
- To get knowledge , down load “Bare Acts” – IPC , Cr PC & Dowry Act etc Onus to prove ur innocence lies on you . Collect documentary evidences .
- During this period , must have some liquid cash , have sufficient talk time in your prepaid mobile and keep few sets of dresses ready and shift ur valuable articles in your bank locker . Don’t wear gold .If arrested,carry some cash with you which will help you to buy daily needs in jail .
- Keep stock of your daily use medicines , carry a pack of biscuits & mineral water bottle with you on ur court dates and carry only photocopies of your case documents . Your well wisher must know your whereabouts .
- Make a Tax Evasion Petition to the concerned CIT/ITO against your Father in Law & attach a copy of the FIR and other evidence documents .
- If your wife got a passport made during case litigation , you may make a complaint to the concerned Regional Passport Officer against her for suppression of facts & getting her passport impounded .
CAUTION – Don’t show or discuss ur evidence proof with the case I.O. Make sure that you have an evidence to deny each point of your opponent’s allegation / claim .
C) MOST COMMONLY USED ALLEGATIONS BY WIVES
- On demand , having spent huge amount on marriage by her parents .
- Further demand of cash , AC , Two wheeler & a car etc.
- A big list of dowry articles not returned by the in-laws .
- Beating by husband & in-laws .
- Attempt to murder .
- Confinement .
- Threatening .
- Taunting , Abusing & ill treating etc .
D) KNOW THEM
- As per the allegations made in the FIR ,establish the jurisdiction of the case. Jurisdiction can be her parental place , place where marriage was held , place where demand or cause of action had occurred or place where she last resided.
- You know the traits of your wife , pre-empt & take safety measures.
- Local Police Station , the SHO , SP & DGP .
- An experienced Advocate .
- Understand the process of law .
- Have at least one person who can always stand by you , with whom you can confide & share your case status with him.
- NHRC New Delhi ,your State Lokayukta & PIOs & the Application Fee etc.
- Income Tax No./ward/circle of her father .
- Certified Hand writing expert .
- Know your rights in case of arrest , bail , appointing advocate & appeal etc.
U ONLY KNOW THE TRUE FACTS OF THE CASE . TAKE PAINS TO COLLECT EVIDENCE DOCUMENTS . IT IS A PROCESS & START IT NOW . DON’T GIVE UP & LOSE HEART AS THESE EVIDENCE DOCUMENTS ONLY WILL SAVE U FROM LONG TRIAL /CONVICTION.
E) SOURCE / COLLECTION OF EVIDENCE DOCUMENTS:
- YOUR SELF :Matrimonial biodata / Newspaper Ad , both side invitation cards , engagement & marriage photos and video , marriage related purchase & function bills , honeymoon travel tickets & hotel bills , letters & cards etc sent by her before & after marriage , copies of her PAN card , voter card , pass port , Dr. license , bank account statement , school & college leaving / education certificates , income tax return , mobile bill , health & life insurance her medical test reports & prescription file , name & address along with contact numbers of her close relatives , friends & employer.These documents should be collected when she is residing with you.
- Retain your petrol bills , Phone / internet & news paper bills , Air / Train bus / taxi travel tickets etc and hotel stay bills , asset purchase bills & all other bills and copies of your ration card , voter I card , Dr. License and sr, citizen cards of your parents . Try to make all payments by cheques .
- When she is staying with you , try to obtain copies of her family ration card voter cards , bank account number , PAN & IT return of her father property tax , light & Tel. bill copies etc.
- Use of RTI Act 2005 can be made for obtaining information /documents from the PIO of the concerned Govt. Agencies including police . They may deny information on the plea of third party information but you can still try in the capacity of her husband or father in-law .There is nothing like success as it is self motivating .
- Efforts can also be made to procure documents through your connections in concerned Govt. Deptts. You can always link , who will guide you .
- Proper evidence documents in your support will make your case strong against the prosecution .
EMPHASIS IS MORE ON EVIDENCE AS U NEVER KNOW WHICH OF THE ABOVE DOCUMENTS WILL BRING CHEERS TO YOUR FAMILY. NO BODY ELSE CAN DO IT BETTER THAN YOURSELF.
“IT IS NEVER TOO LATE , START NOW”