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kmath   14 April 2023

Fake fir with vindictive motive how to fight

- Married 16yrs ago in tamil nadu india and separated from USA 10.5 years ago, Have 1 US citizen kid with me overseas.

- I filed closed to 8 complaints from 2016 to till now, with multiple authorities including Commissioner of police
for causing heart attack to my father, mother, defaming images, causing job loss and trigger for suicide etc.

- while leaving I got a receipt that she will return my mother's gold which is in india's locker jointly with  my name and her mother name it was last accessed by her in 2010. Currently under locking.

- WHen I went to tamil nadu last year i met commissioner and filed the complaints to be investigated when it is open she jump into the house and threatened and left. but police did not take any action against her/ her father

Few days ago I got a notificateion where they filed 498a, 406 & 506, my parents are above 60years.

Question:

1) Anticipatory bail was filed, opponent filed intervention petition, in that they are asking us to give 
the jewlery that is not with me,  pay maintenance every month etc.

Please help how to get bail and handle this situation?

2) Shall I file a FIR quash or FIR discharge as it has false information?

3) Do they need Central govt permission to investigate the 498a?

4) Can they snatch my kid ?



Learning

 7 Replies

Dr J C Vashista (Advocate)     14 April 2023

Answer to ;your questions is as under:

Question: 1) Anticipatory bail was filed, opponent filed intervention petition, in that they are asking us to give  the jewlery that is not with me,  pay maintenance every month etc. Please help how to get bail and handle this situation?

Ans: Anticipatory bail is to be filed before and heard/ decided by Sessions Court whereas payment of maintenace cannot be clubbed with it as it is under the jurisdiction of Judge Family Court. In order to proceed / contest the case(s) you are required to consult and engage a local prudent lawyer for better appreciation of facts, professional advise and necessary proceedings.

 

Q 2) Shall I file a FIR quash or FIR discharge as it has false information?

Ans: What do you intend to allege for filing a FIR depends upon what is there in your mind/ kitty, however, your lawyer can suggest it in a better way.

Q 3) Do they need Central govt permission to investigate the 498a?

Ans: No. Central government has no locus standi to investigate a crime u/s 498 A of the Indian Penal Code, 1860

Q 4) Can they snatch my kid ?

Ans: No. Why do you think so ?
 

kmath   14 April 2023

Sir thank you so much for the promopt response

1) Was worried if they get an indian court order to drop the kid, then
what if my foreign country tried to enforce that?

>>>Q 4) Can they snatch my kid ? Ans: No. Why do you think so ?   
Was worried if they get an indian court order to drop the kid, then
what if my foreign country tried to enforce that?

 >>>Central government has no locus standi to investigate a crime u/s 498 A of the Indian Penal Code, 1860
The opponent claimed the things that happend in over seas 10.5 years ago,
my question is to investigate the things happend over seas, does the police need a permission 
from central government?

>>> Will living separately 10years help to fight this false FIR in anyway

Sudhir Kumar, Advocate (Advocate)     14 April 2023

Dr Vasistha has aptly replied specific questions.

 

I will add that a  legal advise cannot be formed based on assumptions and imaginations.

 

You said

 

I got a receipt that she will return my mother's gold which is in india's locker jointly with my name and her mother name it was last accessed by her in 2010. Currently under locking.

 

 

Things are not clear:-

 

How you mother’s gold was in her custody?

Is this the gold which your mother gifted to her in marriage or after marriage?

When the locker is in joint name of you and mother then how the gold is stated to be in her custody?

What is her property which she alleges to be in your custody?

 

 

You said

When I went to tamil nadu last year i met commissioner and filed the complaints to be investigated”

 

Things are not clear:-

 

What was the complaint you filed?

Against whom you filed the complaint?

 

 

You said:-

 

“ when it is open”

 

Not understood what do you mean by “when it was open”?

 

You said

 

“she jump into the house and threatened and left. but police did not take any action against her/ her father”

 

prima-facie, as long as there is no divorce then a wife has a right to force entry into husband’s house and police has no jurisdiction to stop her.  on the contrary the police has a duty to help her if her entry is resisted and even file appropriate case (if she so desired) against the family members restricting her entry because such action amounts to Domestic Violence.

 Given facts indicate that you have probably closed the doors of peaceful exit from this marriage

 

kmath   14 April 2023

Thanks for the response, 

Yes, I filed those 14 complaint against the Knife and her family as they caused so many damages and cheated etc.

The house she entered is my parents house and not my house.

Regarding the locker it is my mother's and she gave it in a statement notarised over seas she will return it not gifted to her.

Real Soul.... (LEGAL)     14 April 2023

If you want to quash FIR just file writ petition but the chances are lesser much lesser,  you may not get the relief,

Since you  bail matter is being intervened the same can be delayed and it appears your wife has much reach to the ways to keep you involved in the mess, and she can make your bail application frustrated.

She can claim maintenance and you have to pay that .

 

She will claim maintenance as that is obvious, and she has can file for custody of child too.

I suggest and strongly advise to settle the issues amicably with your wife, just give her the alimony and take divorce, otherwise it will be like a loose end that will make you to stumble again and again.

T. Kalaiselvan, Advocate (Advocate)     14 April 2023

The expert lawyers have given proper advise and suggestions, you may follow them, there is no necessity to give you any further advise.

Sudhir Kumar, Advocate (Advocate)     20 April 2023

please be claer with the facts.          


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