How to protest against a high court stay on arresting
aman
(Querist) 05 May 2013
This query is : Resolved
We were family of four member,my eldr brothr got maried in 2008 after few mnths my parents disownd my eldr brothr and his wife due to their misbehviour.they startd living seperatly on rent ,in oct 2011 they came back an apologise and again startd livng in our house after 5 days only my mothr passd away,the cause of death was consumption of poison acordng to PM report,but we dint file any police cmplaint..aftr a year in oct 2012 my fathr said to my eldr brothr that he wants to get married me and he want to give separate houses to both of us brothers..my brothr and his wife showd their objection in property distribution issue,they wantd The big share,next night my brother,s wife calld her brothrs,father and relatives and they attackd on me and my father we two got injurd badly ,they all ran away including my eldr brothr..same night We filed a case in oct 2012 undr 323,147,452,506,427 against my eldr brother,his wife and inlaws in uttarakhand..2 days later my brother's father in law filed a dowry 498a case in U.P. against me,my father,and my eldr brothr even he is staying with them only til now. Wel we dint recieve any notice frm police in dowry case.they wrote sme fake points in their FIR and we sent proofs of those points and details of our filed case to SSP ..Of concernd case..later in january my brother,s wife again chard me and my father for assaulting her sexualy and domestic violence under section 156(3) in ACJM court,in this case police has put its report in court stated that these charges are false and nthng found in investigation..but in our case which we filed first in oct undr 323,452,147 etc..police is not aresting the acused althouth police has taken kurki order sme 82 frm court..but now they have got a stay on arresting frm uttarakhand high court..police is nt puting chargesheet or delaying willingly tfnr giving time to the acusd party .what should we do now.. What are the options are there which can be in our favour.
ajay sethi
(Expert) 05 May 2013
1) let your father make a will wherein he bequeaths entire property to you .
2) get will duly regd
3) disown the elder son by public notice in newspapers .
4)if stay order obtained from uttarkhand till case is dosposed of cops wont arerest your elder brother or his wife ot his in laws
aman
(Querist) 05 May 2013
Respectd,sethi sir & nanda sir,
1.my father has already made a will in my favour..and do we need to do the disown formality again,bcz we disownd them in 2009..
2.police wont arrest them but how can we make police to file chargesheet..? Well we hav filed a copmplaint case for the same in ACJM court statf that police is not cooperating..
3.today we got a notice frm court on behalf of other pary to be present in court dis month in domestic violence case..besides they already filed a separate 498a case in u.p. and made acusd my eldr crothr also bt in DV case she made acusd only me and father and stil staying with my brother..
ajay sethi
(Expert) 05 May 2013
DV cases and 498A cases have to be fought on merits .
mention about fact that your father has disowned elder son in 2009 . brother and wife not staying with you . no case of Dv made out .
the problem is although father had disowned delder son in 2009 yet he stayed with you from Oct 2011 onwards . the allegations in dv case must be for period she was staying in your parents place . it is necessary to go through the complaints made in DV / 498 A case to advise . you have to deal with the allegations made .
Devajyoti Barman
(Expert) 06 May 2013
Well disowning of son through affidavit or paper publication has not legal standing nor it is sufficient to avoid prosecution either in DV Act or u/s 498A IPC.
You have to fight the cases as per its respective merits.
aman
(Querist) 06 May 2013
Respected experts,
i m nt able to undrstand the meaning of fight on merits...
And she has askd four relief in DV act,protection order,residence,monetary,child custody,copensation.
Monetary and child custody she can ask only frm her husbnd who is stayng wid her only..and he is earning gud...
Ordr of residence, all the property is bought by my father and exclusively on his name..we dnt live in a joint family
And .we can state in court that she has made same allegations in Dv act which she made in 498a case and in which she made acusd my brothr also,so hw can she make same allegation on only me and my father nw she is sparing her husbnd..
Can we say that we hav danger of life frm them,bcz our case had been registrd first against them..and my mother died bcz of poison..and my brother,s brother in law has a criminal record in u.p. Like undr 147,379,306,324,323,504,506 etc. We hav three cases copies of his record..so it makes sense dat our lives could be in danger..
Secnd my father 61 year old is a heart patient and diabetic kidney problem and other ailments..so if she resides wid us we cnt live peacefuly..
plz add sme points which can be in our favour.it could be a great help to fight this fake case..
ajay sethi
(Expert) 06 May 2013
you must have engaged a lawyer . only after going through the complaint and allegations made can we advise you . as mentioned earlier deal with all the allegations made . if property exclusively belongs to your father she cannot ask for right to stay in said property . in DV she has right to stay in shared household wherein she resided with her husband or ask for alternative accommodation .
Devajyoti Barman
(Expert) 06 May 2013
The points you mentioned may be considered for transferring the cases but not for proving your innocence.
aman
(Querist) 07 May 2013
Respectd Barman sir and other experts,
today i got the copy of DV compaint made by my brothr's wife, she has made same allegation which she made in 498a FIR.
In june 2012 one night she slipd ovr floor she had a broken leg.was admitd in hospital also..nw she wants to make benifit out of it.
She said in 498a FIR that her leg was broken by three people includng her husbnd..nw in DV complaint she is sayng that her leg was broken by nly two(me and my father).
The fact is when she slipd ovr floor i was nt presnt at hme due to my night shift in ofice ,i hav got an on duty certificate frm my ofice. Dat time nly my father who is 60+ and her husbnd were thre at hme.
2. She said in DV cmplaint that she had been stayng in our house since her mariage 2008.bt in 2009 my parents disownd them and they lived on rent smewhrelse til oct 2011..they came back in 2011 widout ny cmromise or agrement aftr death of my mother..
3.she has mentiond our house as a shared household in her cmplaint..bt that property was purchasd by my fathr and exclusivly on his name.
Can she ask for rite to live in dat house.?
4. She has askd a cmpensation of 50 lakh ..although she is staying with her husbnd and he earns mre than 30 thousnd a mnth..
Can she ask for such amount.?
Plz answer of thes questns..
She is doing all dis jst to build a presure on us to take our case back which we fild at first against them..and she wants money also no doubt..
ajay sethi
(Expert) 07 May 2013
no she has no rights on property standing exclusively in your father name . she has right to stay in shared household wherein she last resided with her husband . compensation of rs 50 lakhs let her claim it from her husband .
ajay sethi
(Expert) 07 May 2013
what is basis of claiming compensation of rs 50 lakhs ?
aman
(Querist) 07 May 2013
50 lakh for cmpensation for mental torture...and 25000 for expenditure in case...
Dear sir, i always get confusd by the definition of shared household...bcz she wants to show in her cmplaint that she was staying in our house wid her husbnd since mariage..and she wrote in her cmplaint that she has her belongings like bed,tv etc..in our house..and we are nt leting her to enter in our house..on these grounds can she claim for residnce ordr. ,yes thats true that my father is only owner of this house and we dnt live in a joint family..
aman
(Querist) 07 May 2013
50 lakh for cmpensation for mental torture...and 25000 for expenditure in case...
Dear sir, i always get confusd by the definition of shared household...bcz she wants to show in her cmplaint that she was staying in our house wid her husbnd since mariage..and she wrote in her cmplaint that she has her belongings like bed,tv etc..in our house..and we are nt leting her to enter in our house..on these grounds can she claim for residnce ordr. ,yes thats true that my father is only owner of this house and we dnt live in a joint family..
RAKHI BUDHIRAJA ADVOCATE
(Expert) 08 July 2014
U can contact us for getting stay on your arrest. U can call at 9871158578
aman
(Querist) 08 May 2015
Dear experts
As per the case history ,i hav one query...my brother's wife had filed case under 498a,323,304 ipc etc..we challangd the chargesheet under sec 482 in allahabad H.court ,court ordered us to get bail fro
Guest
(Expert) 08 May 2015
Mr. Aman,
You have not mentioned, what your own lawyer has advised you. However, your following statements makes me wonder, as if the problem is real one or have been fabricated:
(1) "i m nt able to undrstand the meaning of fight on merits."
(2) "i always get confusd by the definition of shared household."
(3) TWO YEARS BACK, Shri Ajay Sethi asked you the following question, but you have not bothered to reply his question about your own lawyer's opinion:
"you must have engaged a lawyer . only after going through the complaint and allegations made can we advise you . as mentioned earlier deal with all the allegations made . if property exclusively belongs to your father she cannot ask for right to stay in said property . in DV she has right to stay in shared household wherein she resided with her husband or ask for alternative accommodation."
(4) TEN MONTHS BACK, Ms. Rakhi Budhiraja offered her services and asked you to contact her for getting stay on your arrest.But you did not seem to have responded to her also. just now only about 15 minutes back you have stated differently that HC ordered to get bail fro (thereafter you left the information incomplete).
(5) As per your profile you are a student also. So, how you would like to assure the experts that yours is a genuine problem, not an academic query, and also to clarify about mising links in your description of the story right from beginning till today?
If yours is a real story and you are unable to get proper clarification of your doubts and confusions, it is better for you to consult some local expert by hiring his servies in addition to your own lawyers.
aman
(Querist) 08 May 2015
Respected dhingra sir
I am extremely sorry for incomplete msg.. i was typing msg on phone suddenly a call came and by mistake i submited the incomplete msg..here i am completing the above msg ,
As we challangd the chargesheet in allahabad h.court but h.court dint give any relief and ordrd to get bail from lower court after that we surendrd in lower court and fortunately got the regular bail on same day...likewise the oposite party (my brother's wife ) has also chalangd the chargeshet of our case (which we fild aganst them u/s 147.323,452,506,427 ipc ) in nainital h.court ,nainital h.court isued a notice to us that we may appear in the court hearing,we also filed a counter afidavit with case relatd evidnces in h.court and but it has been more than a year we are geting only dates,no hearing is being held...and the culprits are roaming freely.,and on the other side in 498a case the trial has started in lower court.. my question is when allahabad h.court has not given any relief to us and we had to get regular bail but on other hand the nainital h.court first given arresting stay to them and now no hearing is being held in sec 482 ...we are geting only dates..and we are coming under presure...plz sugest acordingly.
