False ipc 506 & 34
RR
(Querist) 13 December 2019
This query is : Resolved
Dear sir, My marriage was performed in february 2016 as per Hindu rites with Central Govt employee & my husband and mother-in-law had sent me to my parents house for second time delivery and i gave birth again to female child and right now iam having 2 daughters and because of 2 female child my husband & mother in law are not allowing me to come to my matrimonial house and in june 2019 i went to my matrimonial house with my parents & brothers, but my husband & mother-in-law not allowed me to enter in to house and they closed the gate and standing front of gate my husband & mother in-law abused us in a filthy language and moreover my husband he himself taken video by his mobile phone by abusing and provocated us in filthy language and the fact is that we did not entered in his house and we have not beat him or his mother and not even we touched him or his mother, and by seeing his behavior towards us we left from there and next day we got call from local police station and we went they gave notice of 41(1)(a) with 448,323,506 IPC and complaint was given by my mother-in-law on me and on my brothers and we gave written explanation to said notice that we have not entered in his house and not beat them and after that SI sent his constable to that area for enquiry report and submitted to SI and SI told us you can go there is no adverse report on you and but 2days back we had got call from court police constable that there is case is registered on me and on my brother’s with IPC 506 & 34 and court constable was telling that their LOK Adalath is going on, you can come and pay fine, sir if i pay the file for 506 & 34 then it can become advantage to my Husband for filing Divorce and so far i did not filed 498a,DVC & maintenance cases if I filed this cases in future, the fine if i paid for IPC 506 & 34 that it will effect negatively in my case.Sir, please suggest me.
Sankaranarayanan
(Expert) 13 December 2019
Consult local Family lawyer first with all relevant details
Raj Kumar Makkad
(Expert) 13 December 2019
Experts Shankar has given 'valuable' advice. I am proud of such young lawyer who give such important advice to innocent and needy litigants.
Raj Kumar Makkad
(Expert) 13 December 2019
Ms. Author! I am sorry on behalf of experts like Shankar. After going through your problem. I am feeling pain to know that despite of tolerating harassment, beatings etc. on the part of your husband and in-laws, no action has been initiated by you especially even for the day, you went to your matrimonial home with your parents and brothers. Offence is the best defence. Youu should not only file counter complaint but also 498/406/506/34 IPC cases but for DV and 125 Cr. PC cases with the help of local lawyer to be appointed by you. If you have no sufficiet income to engage lawyer, move a simple application supported with an affidavit of Rs/ 10 or 20/- to local court and get Free Legal Aid which shall not require even a single penny from your side to incur.
Dr J C Vashista
(Expert) 25 December 2019
I endorse and appreciate expert advise of Mr. Raj Kumar Makkar.
File a police complaint for harassment, torture and maintenance through a local prudent lawyer. However, you are unable to engage private local lawyer apply to your District/ State Legal Services Authority for FREE legal assistance.
T. Kalaiselvan, Advocate
(Expert) 31 December 2019
You are right in your understanding that by paying fine amount in lok adalat it will be considered that you have admitted to have committed the said offence.
This no doubt will affect very adversely the future cases he may file against you or you may intend to file against him.
Instead you can discuss with your advocate and proceed by lodging a counter complaint against him and his parents under various section of IPC and dowry harassment laws.
You can also file a DV case against them seeking protection, residence, maintenance, compensation besides any other reliefs.
You can decide to challenge their false complaint in the court of law in the trial proceedings.
