Ipc 441 323 506 and ipc 498
syed
(Querist) 08 November 2015
This query is : Resolved
Sir,
I got job this year in Dubai . I recently went to India on my annual vacation. During this we had dispute with my inlaws and same night i left to Dubai.
Next day they sent police at my home and asked my presence . As i already left they went back. My parents were outside only my sister was home. We came to know that my inlaws put FIR on IPC 441 323 and 506 on me and my parents and sister.
Then after 5 days she put 498 case and LOC also on me and my parents.
we are now running between lawyer, police stations , women cell etc. my parents are very old but running door to door.
can you please advise me what i should do
i am in dubai and if i go to India they will arrest me. I want to clear this mess fast as i cannot see my old parents running without any reason. how can i remove the LOC .... my visa is going to expire next year so want to come out of this mess before that. Thank you please help
P. Venu
(Expert) 08 November 2015
It is not necessary that you would be arrested. Nowadays, the police have been instructed to investigate thoroughly before making arrests in such cases. Anyhow, you make arrangements to get anticipatory bail.
Rajendra K Goyal
(Expert) 08 November 2015
Try to get anticipatory bail first. You have to defend in the case.
syed
(Querist) 08 November 2015
Thanks you experts for your advise
Sudhir Kumar, Advocate
(Expert) 09 November 2015
"I recently went to India on my annual vacation. During this we had dispute with my inlaws and same night i left to Dubai."
what is the dispute?
SAINATH DEVALLA
(Expert) 10 November 2015
What made U run away to Dubai on the same night/come out with correct facts for a better suggestion.
syed
(Querist) 11 November 2015
Sir/Madam,
That was my last day of vacation. so i left as normal.
As my inlaws wanted me to settle in India since long time. They played dirty trick to stop me going back.luckily i left before they that.
Sudhir Kumar, Advocate
(Expert) 11 November 2015
"As my in-laws wanted me to settle in India since long time"
does not sound logic that this may be cause for filing criminal cases of this nature.
please come with truth.
Sudhir Kumar, Advocate
(Expert) 11 November 2015
Mr Venu has commented that :-
"It is not necessary that you would be arrested. Nowadays, the police have been instructed to investigate thoroughly before making arrests in such cases. Anyhow, you make arrangements to get anticipatory bail. "
You have given ample time to the police for investigation and enough provocation to be unfair to you.
There is LOC so 100% chance of arrest at airport (unless immigration officer on duty has found another job).
clear that you have not been able to secure bail so there is LOC.
You are not clear if in 498a the paretns are also accused.
harassment of parent is time tested tool of police used since last 175 in a very successful manner to compel appearance of a fugitive. They have by this tool been able to kneel down professional criminals like dacoit , terrorists and even gangsters.
SO you are only a first time offender and no match before police.
In these circumstances there appears to be no choice but to come to India, surrender and try to get bail and come out and solve the mess .
Sudhir Kumar, Advocate
(Expert) 11 November 2015
Soon someone from this forum will advise you on speedy trial. You will also be advised against hiring advocate by someone and to plead yourself in person.
All this cannot be done sitting in Dubai.
syed
(Querist) 11 November 2015
Sir,
My father in law was ex DSP , he may be is using all his contacts.
I am not sure if LOC is issued, but in the the first cases 441 323 506 as i was not there but my parents went to PS with a lawyer and explained that i left a day before. Then in 4 or 5 days she put another case of 498 case. here also my parents went with a family dispute lawyer with women police station. the lady inspector did one councilling to both side here the inlaws are asking me to come back to proceed.Threatening that if i dont then they will use all sources to make me come back.
if i go to india i am afraid i will loose my job as the employer wont wait for long time.
SAINATH DEVALLA
(Expert) 11 November 2015
nowhere in UR entire query U have mentioned about Ur wife.U have not said whether she was living with U in Dubai or staying in India with Ur parents or staying at her parents home.
DISPUTE WITH INLAWS: NOT WITH UR WIFE INITIALLY.
LATER ON THEY FILED THOSE CRIMINAL CASES.
Sudhir Kumar, Advocate
(Expert) 11 November 2015
agreeing with Mr Devalla, I observe that in all probability your wife is not residing with you at Dubai nor you intend or promise to take her.
You have also not specified whether in your absence she can live in your matrimonial home with your parents or find comfortable with her parents.
SAINATH DEVALLA
(Expert) 11 November 2015
The querist is not comming with the correct facts,just trying to find an escape route to avoid those criminal cases.This is my opinion.
syed
(Querist) 11 November 2015
Last October month i went to India on my annual vacation. As you may know that i was having family conflicts. My wife dont stay with us since 3.5 years, she is staying with her parents. My son dont even recognise my parents.
I went to meet my son in his school along with my parents and sister. we talked to principal who said they need to check with mother for her permission to meet. I insisted that i am his father and want to meet him in your office in your presence and leave. He called my wife and they refused to allow me and my parents meet my son. They came to school and told same. I was anger and slapped my brother in law. After insisted by school we left without seeing my son. In night i had my flight to Dubai.
Next day morning, my wife and his brother brought police to my home. She complain that i went to school to kidnap my son and we beat her and her brother. As i was not there they asked my parents to attend.My parents went along with lawyer and explained the case , told that i left already to Dubai for work.
In next 4 or 5 days my wife put another harassment case called 498a on me and my parents. This case is very famous for harassing NRI husbands working in USA/UK or middleast.
I am now in Dubai, if i go back they will take my passport until these cases are not complete and the cases may be dragged to endless.
we are just hoping that God will help us, as we have not done anything wrong. They are harassing me and my parents.
Yesterday my parents went with lawyer to women police station to attend, in that my inlaws are insisting for my presence.
there lawyer is also threatening that if i dont come back, they know how to bring me back. my lawyer told that he left recently to Dubai and cannot come back, the employer takes passport etc. The lady inspector gave us 5 days time again and asked to bring me.
My father in law is retired police officer, he is using all his contacts.
I dont know how to go further, we are going with lawyer. Please pray for me and my old parents.
I hope things are clear.
Thank you
Regards,
Ahmed
SAINATH DEVALLA
(Expert) 11 November 2015
Now U have come out with facts,but failed to mention the reasons for the act of UR in laws?The reasons for UR wife staying in her parents home?
nothing wrong in UR inlaws demanding UR presence in the PS as the case is related to U only and U R the A1.
syed
(Querist) 11 November 2015
she went to her parents home for no reason and dont want to stay in matrimonial home. she wanted me to stay in her parents home.she is only daughter. she is working.i think this much information should be enough for a advise to move forward.
Sudhir Kumar, Advocate
(Expert) 11 November 2015
you said
"my lawyer told that he left recently to Dubai and cannot come back, the employer takes passport etc. "
Indian legal process is not dependent on any illegal action of your overseas employer.
It is your headache how do you get passport from them. You may report to Dubai Police or beg before them. The reason (that you illegally handed over passport to third party) has no relevance to justify your absence from court.
Sudhir Kumar, Advocate
(Expert) 11 November 2015
"she went to her parents home for no reason and dont want to stay in matrimonial home. "
Hard to believe. Indian wife does not leave matrimonial home so easily. There has to be some reason valid or not.
Things have gone far ahead. She had left your house with child and given strict instructions to the school for not allowing you to meet.
Apparently she is not able to adjust with your parents and in India it is the parents of husband who are always right. Wife and her parents have a duty to be proved wrong.
Sudhir Kumar, Advocate
(Expert) 11 November 2015
"there lawyer is also threatening that if i dont come back, they know how to bring me back. "
the lawyer is right. for doing so he need not have an ex-DSP as client.
Sudhir Kumar, Advocate
(Expert) 11 November 2015
THE MATTER HAD BEEN BOILING OVER THE YEARS AND THE CHILD DOE SNOT EVEN RECOGNISE GRANDPARENTS.
You did not have courage to go and meet your son for which police would have been duty bound to help you and could have moved to the court for appropriate order.
Instead you went to the school and expected the Principal to disturb the class and call for emotion scene in his/her office.
ARE THE SCHOOLS EQUIPPED FOR THIS?
you said that you slapped your brother-in-law. (it appears in from your description you did so in school itself)
YOU HAVE A RIGHT TO BE CRUEL TO WIFE BUT DO YOU UNDERSTAND THAT IN THIS EXERCISE HOW CRUEL YOU HAD BEEN TO THE CHILD?
now the child will be a permanent laughing stock in the school.
SAINATH DEVALLA
(Expert) 12 November 2015
That is the fate of the child for the irresponsible acts of the parents.
P. Venu
(Expert) 15 November 2015
Have the police registered any FIR in the matter? Have they questioned your parents or other relatives?
Have you or your parents received any summons from the court?
How is that "their lawyer" is threatening? Whom?
syed
(Querist) 15 November 2015
FIR on IPC 441 323 and 506
for 498a , the lady cell called twice for councelling and each time opposite party asked for my presence. my lawyer and parents were there in every councellings told that i cannot come as it is not in his hand. employer holds passports and will return during vacation.
Dont know what next the lady cell will do..
SAINATH DEVALLA
(Expert) 16 November 2015
Unless the A1 is present in a criminal case,how do U expect the counselling to conclude?
syed
(Querist) 17 November 2015
today the opposite party acquired all details about my investement and informed to registration authority that these are under legal and cannot be sold or transferred.
can i transfer them on 50 rupee stamp paper as gift deed.
syed
(Querist) 17 November 2015
gift to brother or sister
Sudhir Kumar, Advocate
(Expert) 17 November 2015
gift to brother or sister is a good idea for oversmart people.
You may also be hoping that the said brother/sister will give the property back.
Many corrupt Govt officers have tried this and failed. You are not going to be exception.
