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Q. 498a closed for by police

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Sitra Singh

posted 3 months ago

Q.498a closed for by police
Sir
My husband tortured me right after marriage for not meeting dowry demands.they kept on doing and showing their frustration either by passing comments ,or fighting,or hitting,or asking money,he earns 1lakh and still is a miser ,doesn't want to spend money on me and my girl. Last 4 years back he suffered cancer but was soon cured then he again started same things with me .now I became more unlucky for him.his family even treated in a similar manner then he asked me to leave his house .and from two yes I m living with my parents.he filed a divorce case .in reply 498 a fir registered by police but police after 5 months is closing fir in court .don't know why I showed them proofs of dowry given but still .my father in law is a lawyer and influential person .i m really frustrated till today I m suffering and he is enjoying .I thought he will be under pressure after 498 a but now what to do.is 498 a done by court but my lawyer told me to go directly to police.

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Shreyash Mohta

Experience: 1 Year(s)

Responded 3 months ago

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A. ) Mam ,
it is recommended that you challenge such closure in the court and also move applications like

1. Domestic Violence u/s 12 of the PWDV Act
2. 125 Crpc for maintenance

If you want to pressurize them further.
498A will go as a separate case and in all likelihood they will get either a bail or anticipatory bail. It will not help you of your problem of not getting money.
Thanks

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 3 months ago

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A. ) Dear Madam,
If B report/no case report is filed against your husband you have an option to file objections to such challan and contest the case and get issue summons to your husband for the offence under Section 498A IPC.

Please call me and take legal consultancy on my mobile through the administrators of this website.

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Shivangini Gupta

Experience: 3 Year(s)

Responded 3 months ago

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A. ) Dear madam

If the police is filing a closure report you need to move appropriate Application before the court to challenge it. Also you should file Maintainance Application to get money from your husband

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Sitra Singh

Replied 3 months ago

Wil this closure bad on my side .and give my in-laws an edge in family court .because there I hv mentioned about my fir .and can it affect custody of my daughter.

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Shivangini Gupta

Experience: 3 Year(s)

Replied 3 months ago

Yes it can be used to prejudice the Judge in the family Court. No it will not affect the custody of your daughter as long as you can show the Court that you are taking care of her in a better way. Also if you daughter is below 5 years of age then in whole likelyhood the custody will remain with you. You lawyer in family Court should be competent to State all facts in your for favour before the Court.

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