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498a Discussion Forum - View topic - Need more points: If you suspect 498a against you
It is currently Wed Jul 08, 2020 5:01 am



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Need more points: If you suspect 498a against you 
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Mon Oct 06, 2008 8:43 pm
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Joined: Tue Mar 24, 2009 3:40 pm
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Some Points I can think of:

1. Try to keep a record of your own whereabouts. Make regular transactions which will ascertain your presence wherever you are: ATM txns, Credit card Txns, Bank visits (Specially during the weekends). Ask your Family members to do the same.

2. Have a recording device handy with you at all times. Even a cellphone would be useful. Record any conversations with in laws and their reps. May even think of buying a stealth video cam. Available in Delhi from 2000-5000.

3. Be careful in your discussions with in-laws & Reps. Make sure you do not provoke them. Be nice and look to the future.

4. Have a chat with a lawyer. Sometimes just sending a notice will work to your advantage in future. Remember, there is a good chance that the lawyer will ask you to file a law-suit. Do not take his words at face value. But do buy minimal protection.


Sat Mar 28, 2009 4:31 pm
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Joined: Tue Feb 03, 2009 8:59 pm
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If 498a is sure to come, then boy's mother should file DV case against the daughter-in-law, before in-laws do something. Need to dig more into it but can be helpful when families are residing in different cities and far. Looking into possibility if it can be done after 498a.


Sat Mar 28, 2009 10:22 pm
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DV cannot be filed against a women, period.


Fri Apr 03, 2009 1:13 am
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Guys,
I had come across a book on judgments on hindu marriage act, it is not exactly judgments alone but it has references to lot of important cases for each of the sections of the HMA. The book is titled as "Subzwari's Hindu Marriage ready referencer" and is published by Pooja law house. As we all know by now that the bare acts of HMA -- or for that matter any law -- are always subject to scrutiny and vested interests always bring out the ambiguous nature of the laws which could be interpreted differently by different people including Judges. In such a situations the judgments become important source for information and there are fair number judgments that have been listed in this book which could help understand the intricacies of each of the sections of the HMA. So I recommend this book. One thing we can understand from looking at the judgments is that it is not the law alone but how one presents his case is what is most important in deciding the cases. I could see that there are contradictions for one type judgment with others. so ultimately truth wins or not in our courts is still not known.

Thanks
Aragon


Fri Apr 03, 2009 9:44 am
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Joined: Tue Mar 18, 2008 1:44 pm
Posts: 5419
Location: Delhi (India)
Truth Triumphs. Lies falter.
(I am an incorrigible idealist)

And yes, at times there are errors in judgments, but then there is always a mechanism of appeal. I don't have any definative figures but I assume that 90% of cases never go in appeal, that means both the parties do feel that the judgement delivered is just or the cost of miscarriage of justice, if any, is not worth running after.

There can be aberrations, but then aberrations prove the rule.

Regards,
Shonee Kapoor


Fri Apr 03, 2009 10:42 am
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Joined: Tue Mar 11, 2008 4:11 am
Posts: 18
Location: USA
Rohan,

Satya is right. No Indian woman can face a charge of DV, take it out of ur arsenal for that weapon does not exist in India

Ghazi


Fri May 01, 2009 12:46 am
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Joined: Fri Apr 17, 2009 6:40 pm
Posts: 136
These two articles seem quite informative...

Although I am not sure on legality of these two articles.

Read first article first.

http://mynation.wordpress.com/2008/01/02/whatis498a/
http://www.articlealley.com/article_857557_18.html

Gurus or Pillars of this forum can/may comment.


Thu May 14, 2009 11:58 pm
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Joined: Tue Jul 28, 2009 1:51 pm
Posts: 14
Hi Satya,

Kindly let me know as how to disown my parents. Is it that something which I could do or my parents can only do.

I would like to do this on priority to reduce the risk on my parents as my wife has already placed a false complaint in the local police station. By God's Grace, we know the Police officers and they are handling the case smoothly. If not things would have been different.

Pls. suggest me the necessary measures on this.

Regards,
Gowtam


Fri Aug 14, 2009 6:25 am
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Joined: Fri Jun 19, 2009 9:00 am
Posts: 607
HI Gowtam

You are already late in doing it . As yur wife has already filed complaint again so if you try to disown your parents , property , bank accounts then you it will be consider that to gain the benefit you did this .

I think you need to concerate if your parents are above 60 yr then you can try using Senior Citizen Bill.
As police is already working on you can come up will full power and force with evidences that case/report give by her is false . Perpare to move to court for get NB in advance as things can be worse any time . if by any chance you find that things are getting in yur favor immediately file case under 500 (Defamming) against her based on police report and there are many other cases you can file . you need to check in this forum.

_________________
Regards
Rajeev
"I am thankful to all those who said NO, Its bcoz of them I did it myself" - Einstein


Fri Aug 14, 2009 7:21 am
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Hi Rajeev,

Case is not yet filed. They have placed the complaint only. Its not a 498A case. They have complained that our family is harassing her. Now we are negotiating to take back that complaint. Now she is ready to take back that complaint and settle it outside the police station.

Our marriage is just 3 months OLD. She stayed with me for hardly 20 days. Thats the reason police didn't file any case and they suggested for a counselling. To be at a safer side in the nearest future and giving her less chances to make my family suffer - will that not be possible for me to disown from my parents?


Fri Aug 14, 2009 8:29 am
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Joined: Fri Jun 19, 2009 9:00 am
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hey i have send you Private mail . Check yur inbox in case of any other then you can mail me

_________________
Regards
Rajeev
"I am thankful to all those who said NO, Its bcoz of them I did it myself" - Einstein


Fri Aug 14, 2009 8:52 am
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Location: Bangalore/USA/Europe


Sat Aug 15, 2009 2:03 pm
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You would need lot of courage to fight 498a battle. Everything has been discussed here but remember key to winning this battle is to become mentally tough and strong and victory will be yours.

Do not get emotional and fight it. Moment your lovely 498a wife files 498a complaint in women cell she has declared war.. and ALL is fair in love and war.
There will be NO reconcilation or compromise. Marriage will be over and you will have to fight it. Do not surrender and start talking money. Fight it and enemy will show white flag and then you can negotiate and bring them to your terms.

Take these steps as described many times on this forum/survival guide:
1. Find a very good, honest criminal lawyer. 50% battle won.
2. Go underground once FIR is filed so that police cannot arrest until AB is approved. AVOID arrest at all costs.
3. Get AB for all those named in 498a complaint in women cell.

Listen to this song whenever you get down. Will sure get you in high spirits.
We Will We will rock you (498a bitch)
http://www.youtube.com/watch?v=6VDRzlgtL6A

DON'T QUIT
Author unknown
When things go wrong, as they sometimes will,
When the road you're trudging seems all uphill,
When the funds are low, and the debts are high,
And you want to smile, but you frown a bit,
Rest if you must, but don't you quit.
Life is strange with its twists and turns,
As everyone of us sometimes learns,
And many a failure turns about,
When he might have won had he stuck it out;
Don't give up though the pace seems slow,
You may succeed with another blow.
Success is failure turned inside out,
The silver tint of the clouds of doubt,
And you can never tell how close you are,
It may be near when it seems so far;
So stick to the fight when you're hardest hit,
It's when things seem worst
That you must not quit.


Sat Aug 15, 2009 10:58 pm
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Joined: Wed Dec 03, 2008 7:41 am
Posts: 301
Hello All,
Here is a website http://498a.co.in/ giving all the information for facing a false 498A and also about how to avoid a 498A girl or family. I would like to copy-paste all the text in this site -- and by following each link -- into one post here on our site and would like it to be made as one sticky. Does it look a good idea ? the following topics are covered in this site :

1. Tips on how to avoid getting a 498a wife/daughter-in-law in first place
2. Motives for filing 498a against you
3. Getting yourself prepared for a 498a case
4. What you must know about FIR
5. First meeting with police
6. Preparing yourself for arrest
7. Police Interrogation
8. Life in remand

I think the above topics pretty much cover everything one needs to know in the pre-498A days of his life

Thanks
Aragon


Sun Aug 16, 2009 6:33 am
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Joined: Tue Dec 01, 2009 3:45 pm
Posts: 8
Thinking about the Rohan's post above, me and my wife are living outside India right now and she is planning to visit her parents next month. I have information that she is planning a 498a when she reaches India. I informed my parents in India and upon contacting a lawyer there, the suggestion was to file a harassment case against my wife and her parents before they file a 498a. I could not find any law/act related to the harassment of husbands parents when the couple stays in a different country. Can anyone suggest if there is any such case that can be filed? and also if there is any real advantage (in terms of fighting a false 498a in future) doing it? Thank you.


Thu Dec 03, 2009 2:26 pm
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Great post I must say.. Simple but yet entertaining and engaging.. Keep up the good work!


Thu Aug 19, 2010 4:55 am
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Please give me format of disowned and tell the procedure

thanks & regards


Thu Aug 26, 2010 9:12 am
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Joined: Thu Jul 08, 2010 9:03 am
Posts: 36
These two articles seem quite informative...


Tue Oct 05, 2010 10:48 am
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DV cannot be filed against a women, period.


Wed Dec 01, 2010 10:42 am
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India will save $300 million/year if Supreme Court is closed.

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If you don't read a newspaper you are uninformed. If you do read a newspaper, you are misinformed. --Mark Twain


Wed Dec 08, 2010 4:39 am
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Joined: Fri Jan 23, 2009 4:50 am
Posts: 666
Steps to counter arrest and safeguarding you and your family:

1> Section 171 of Indian Penal Code says thus: Wearing grab or carrying token used by public servant with

fraudulent intent.

Whoever, not belonging to a certain class of public servants, wear any grab or carries any token resembling any

grab or token used by that class of public servants, with the intention that it may be believed, or with the

knowledge that it is likely to be believed, that he belongs to that class of public servants, shall be punished

with imprisonment of either description for a term which may extend to three months, or with fine which may

extend to two hundred rupees, or with both.


What you must do ?

a> Here you can demand the police to produce their identity and the warrant if they are not dressed as Policemen.

b> Call 100 or other number in your local area to see if a 'dispatch' of these so called policemen, who are at

your door, are true.

c> Call immediately your neighbours as witnesses - if possible they can start video recording. IF you know threat

of arrest. make sure always you have friendly relations with your neighbour.

d> Get their identity numbers or entire ID's scanned if you have one or a scanner. Get the vehicle number they

have come in. Get every detail as far as possible. Height, weight, looks, photos are best, video recordings are

supreme.

e> Important thing is they will induce you to come to police station where they can torture you: The reply is if

they are not local: make sure you sign or get acknowledgment in local police station diary that you have been

arrested for not co-operating or whatever. Make sure you are arrested 'ON RECORD'. Thereafter, they cannot

torture or violate you in front of your wife or their relatives; according to latest amendment in 2009.


IF THEY ARE NOT WHO THEY ARE:

Section 170. Personating a public servant

Whoever pretends to hold any particular office as a public servant, knowing that he does not hold such office or falsely personates any other person holding such office, and in such assumed character does or attempts to do any act under colour of such office, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.



The police who are paid or who vehemently try by bias ... you need to let it be reported.

Section 167. Public servant farming an incorrect document with intent to cause injury. Political pressure does this. Money too.

Whoever, being a public servant, and being, as 1[such public servant, charged with the preparation or translation of any document or electronic record, frames, prepares or translates that document or electronic record] in a manner which he knows or believes to be incorrect, intending thereby to cause or knowing it to be likely that he may thereby cause injury to any person, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.


>>Be alert, play the game...I repeat never pay a Police Officer. They are worthless. It is neither a contract or even a personal agreement. NEVER. NEVER. NEVER pay a cop.


This is good for case laws in local hign court jurisdiction or even advisories not being followed. Worst is Supreme Court orders not being followed. It results in CONTEMPT.

Section 166. Public servant disobeying law, with intent to cause injury to any person
Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending to cause, or knowing it to be likely that he will, by such disobedience, cause injury to any person, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.

Illustration
A, being an officer directed by law to take property in execution, in order to satisfy a decree pronounced in Z's favour by a Court of Justice, knowingly disobeys that direction of law, with the knowledge that he is likely thereby to cause injury to Z. A has committed the offence defined in this section.


Mon Jun 13, 2011 12:31 pm
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Fri May 04, 2012 6:54 pm
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Joined: Fri May 04, 2012 6:55 pm
Posts: 15
My Case History
Sir,
Her Parents taken away us 2/3/2011 on occasion Lard Shiva Shiva ratri festival day, Argued with me Her father beaten her daughter (My wife ) due to reason of she wants come with me. if she will go with me, he told that going to die.
And after 3 months (5/6/2011) They lodged a complaint on me and my family members. Straitening That we are Harassed my wife, dowry, Loss of her pregnant, etc. They created entered different story thing are Mentioned in a complaint.
After the case-filed on me and my family members, she (my wife) was contacted to me on Phone, she was meet me personally and confidentially and Regularly we are together for two months confidentially. After marriage Depends upon her interest I was sent to her continued to her Education I was paid her fees also in previous because we don't have any Issues between us .She Realized what she has done she has Promised to me that she come back at any cost. While she was meeting me regularly Her parents got a information she was meeting regularly They are called up back to Home. Her parents has changed her mind set and warn to her if she agree to live with your Husband, then are going die of all family members. Finally you(my wife)have to say NOT interested with him(husband).This is Actual Position. They are Blackmailing Demanding Money to take Divorce total family members will sent to jail.
They are spoiled my Life and Mental torch er to me and my family members, after case filed on me I have some evidence like Voice Recording, Photos whether these are considerable evidence or NOT
I Requested to you i need a advice from you that what should I do, How to face the case?
Q1) before o r after can I file a Counter case against on her, and Parents, Wetness, Conspirator behind it while case is going on in court?
Q2) Is it considerable the Evidences’ like Voice Recording, Party Photos, Telephone Call Record Data, Other Persons?
3) If this case gets False then what should I do ?
4)If she wants to come back then what Types of Precautions should be Taken?
5)If she don’t wants to come back and Forced to take Divorce by me what should I Do ?
6)Is there ANY Law to take Action on them in such as False case of 498a
i)Like Prestige Issue( EZHADH DHAVA)?
ii) OR any other cases which is legally?
iii)If any strong Counter filed a case on them with that chance to Realize?
7) Counter file cases, some section are Mentioned in site 498a.org is Helpful to us or NOT?
8)Generally what type of Judgment will be Declared by the Court average on some Previous cases of Counter filed on Against on False of 498a?
9) What are the other chances to her to file cases on me, while 498a is ongoing in the court like Divorce, DVC , Maintainces or etc..?
10) What is RCR its uses to me?
11) After filed RCR, she has to attend the court is it Mandatory or NOT?
12)without Informing to me or without Taking my opions for Divorce, and At least of my Signature is necessary or NOT?
13)If I was not Interested to give divorce to her ,What Next?
14) we are ST Tribal’s while case is going on in the court, is there e any chances to second marriage is Legally or NOT?
15) Finally my Opion is wants to back her with Realization, Let you know the court Those are Conspirators’ behind the issue, Should be Punished by the Court .
Requested to you sir, Ply give complete Suggestions, And Advices in this Regards, PLZ help me.
how to realize to them what they are doing wrong by Legally?
Once again I Requested to you sir, PLEASE give me the Legal Advice to take her back with Legally with Realize to her.
We are Tribal’s (ST) I was my My Job, Money, Good Name in society each and every thing Mentally, Physically in my life, Finally NO Option to live in this Society
After marriage, after case filed on me I got information of her family Record her father has married 4 wives including 1-divorce, present having to wives, and 1-setup,About her Mother has married 3-husbands,1-divorced,1-lover, present having Govt employer.


Mon May 07, 2012 5:27 am
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Joined: Fri May 25, 2012 8:46 am
Posts: 28
I have filed a divorce petition & as a reaction (& going through everyone's story here) Iam suspecting a 498a & other cases soon. What precaution should i take as of now.
Will it be a good idea to send in writing, abt the filing of petition & expecting a 498a & false cases to my police stn/sho/others.
Will this help in anyway. (do u thing they will consider this if there are any warrants in the times to come)
or this will be helpful in getting AB.


Tue May 29, 2012 7:20 pm
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Joined: Mon May 21, 2012 10:06 am
Posts: 70
My Wife has filed fake 498,DV and Maintinance case At Varanasi on 8.9.2012 while she is living seperatly from last 3.5 Years and surprisingly we didnt get any summon till now at home and no Attempt made by police to arrest my mother, Father and Brother and Chargesheet submitted by Varanasi Police with statement that Arrest not possible coz accused not picking the Phone

For DV summon was recd at My Old Office which i have left 2.5 Years Back ( Coz They are trying to Prove that I am getting good salary from Company but they didnt know that i have left that Job)

One Problem is there that they have given 4 DD worth Rs. 2.2 Lacs without any demand with justification that her parants was unable to give any Jewellary and house goods to her Daughter coz marriage ceremony was at Varanasi and we were gone there By Train and was no way to get house hold etc with train travel

2 DD was given before Marrige for Marriage arrangement and 2 DD was given after marriage to purchase House Holds etc.

My fatrher was innocent and accepted those DDs as per FIL request But now they have produced Photo copy of thesed DDs as a Dowry Demand

And demanding 20 Lac to get rid of all these allegations

Pl. help


Fri Jun 01, 2012 11:41 am
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Joined: Mon Mar 01, 2010 1:16 pm
Posts: 120
Immediately contact a criminal lawyer


Fri Jun 01, 2012 2:30 pm
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Joined: Mon May 21, 2012 10:06 am
Posts: 70
Already applied in Allahabad High Court for Quashing but Lawyer has taken 25k and saying 80% of this amt will go to my X for to and fro charges for mediation

Need some more Clearity

1. Is Lawyer Claiming fair money or going into his pocket

2. As per lawyer all the cases filed in Varanasi will be on Stay till the mediation completed

3. Before seperation 6-7 Times i have given written Application to MPS, SP Office, Local PS mentioning that she is trying to file false case on me and my Parants ( Are they will be helpfull)

4. After 3.5 Yrs can she blame for DV

5. All the blaims mentione in FIR all False and 80% allegations i can proove with proof that these are false ( By Audio recording , Phone call detail etc.

6. She has written 5 Letters to me after seperation to come back home and having photo copy of these letters while original letters recd by me is with me

7. Is writing letter is fair while Internet , Telephone and mobile exist in this new era for communication ( Now she is trying to show that she has written letetr but i didt responded and producing Copy of these letters)

8. Some letters also they have produced that was written to FIL and MIL when she was with me and allegation made in these letters that she is in dangour here and can be murdered while i have call detail of Home phone and she was talking to her parent 50-60 times in a month, wht is the meaning of writing letter if someone talking to her parants twice a day ( they have produced these Letters photo copy too)


8.


Sat Jun 02, 2012 4:53 am
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Joined: Mon Mar 01, 2010 1:16 pm
Posts: 120
Contact your local MLA/MP.
http://www.indiademocracy.org/index.php ... t/type/MLA


Sat Jun 02, 2012 7:21 am
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Joined: Mon May 21, 2012 10:06 am
Posts: 70
1.Is this be beneficial coz Cases filed in UP. and How MLA or MP can help of Madhya Pradesh
2.And wht Agenda to be present infront of MP/MLA
3. If not having any source to reach MP/MLA wht to be done

Pl. suggest


Sat Jun 02, 2012 7:28 am
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Joined: Mon Sep 13, 2010 2:30 pm
Posts: 4740
Contacting MP/MLA wont help u at all. They are cold-blooded suckers...................greedy for money! Better concentrate on AB


Sat Jun 02, 2012 1:29 pm
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Joined: Mon May 21, 2012 10:06 am
Posts: 70
Hi Seniors and shoneek ji

One Suggestion which will help to all New Joinee

Can u Pl. upload a Link of Good, Experiensed and expertise Advocate Detail City wise coz every New Member,s need a Good Advocate First

I also need a good/Expertise advocate in Varansi


Tue Jun 05, 2012 11:42 am
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Joined: Mon Dec 23, 2013 10:12 am
Posts: 1
My wife was file in district judge court for divorce approx 2 yrs before under sec-13 Hindu marriage act with 15 false allegation. the n we both mutually close the case within a month. after that we decide to get a baby. on 25 jul 2013 our girl child born then she also spent one month during my leave,then she went to her father's house. I am defense service man and my wife is part time lecturer of a Govt College, she also reside on a rent house. after rejoining my leave my wife don't communicate with me and my family member at last in 26 Sep 2013 i came back my home to see my newly born baby and talk with my wife to come back then she challenged me she can't come back home and restrict me to see my child and my family member. at last i pressurized her, then she lodged a FIR under sec 498-a,506,34 of IPC. now me and my all family member got anticipatory bail. and police station was not submit the charge sheet to the district court. I want to mutual with my wife , what will be my next step??
How many days delay power for the police station to submit the charge sheet??
please reply........


Thu Dec 26, 2013 10:42 am
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Joined: Mon Sep 13, 2010 2:30 pm
Posts: 4740
Bettrer start ur own thread.
U have a very small baby. Get the inside knowledge, what she wants exactly.
Thre is no easy end as u wish, chargesheet and 498a trail takes many yrs


Fri Dec 27, 2013 2:37 pm
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