Threat to be witness against us in court
Shwetal Jadhav
(Querist) 13 January 2013
This query is : Resolved
Respected Sir,
There is dispute between my brother and his first wife. She has already filed 498A, 323 IPC case against us. Two of our relatives are threatening us that they will join my brother's wife side and give witness in court that my brother has done second marriage. My relatives are blackmailing us and demanding Rs.50,000 for not giving statement. They are saying opposite party has offered them Rs.1,00,000 to depose against us.
Kindly help me as what action should I take to protect us.
Kiran Kumar
(Expert) 13 January 2013
Strange situation for you, if your brother has remarried during the subsistence of first marriage then certainly its an offence.
And if your brother has not remarried during the subsistence of first marriage then you need not to be afraid of the things.
I dont think the oral testimony of relatives would be suffice to ensure conviction of your brother for Bigamy unless they produce some cogent and relevant evidence to support the case of prosecution.
Advocate M.Bhadra
(Expert) 13 January 2013
If there is no evidence of of second marriage of your brother then you can defend the case as filed by your brother's wife.
Arun Kumar Bhagat
(Expert) 13 January 2013
Can I complain against them in court or to police ?
One who lives in glass house ought not to throw stones to others.
Kiran Kumar
(Expert) 13 January 2013
come clean on the facts and please mention whether your brother in fact had remarried without giving divorce to the first wife?
Shwetal Jadhav
(Querist) 14 January 2013
No he has not remarried without giving divorce. Can I complain to the police that these relatives are trying to extort money.
Yudhish Padman S
(Expert) 14 January 2013
Dear Shwetal Jadhav,
As far as you are concerned, I suggest that you use your lawyer's assistance in filing a 'discharge petition' and get yourself relieved from the case.
As far as your brother is concerned, Mr.Kiran Kumar's advise (vide his first post) is aptly applicable. But considering what you had said is true, your brother would be supposedly charged with hurt (323) and cruelty (498A) only. Therefore, the question of bigamy would never arise and so, you could ignore those backstabbing relatives.
And yes, you could also file a criminal complaint u/s 385 of IPC against those relatives for extortion. But before that, keep in mind what Mr. Arun Kumar Bhagat said.
Regards,
S. Yudhish Padman,
Advocate, Madras High Court.
[+91 9566217446]
ajay sethi
(Expert) 14 January 2013
ignore your relatives and refuse to pay Rs 50,000 demanded by them
Sudhir Kumar, Advocate
(Expert) 14 January 2013
have you any recording of their demand.
whetehr girl side is aware of the first marriage befoe they entered in marrige?
Come clean with facts.
Kiran Kumar
(Expert) 14 January 2013
I think now you have got the sufficient legal advice on the issue.
c.p.s. ramachary
(Expert) 14 January 2013
The persons who threatened you have, perhaps no case. That's why they are threatening to coerce you to terms. As rightly said by my learned brothers above, you may ignore it.
Raj Kumar Makkad
(Expert) 14 January 2013
The persons involved in threatening can also be taken in a separate criminal case if those o not figure in the pending litigation.
prabhakar singh
(Expert) 14 January 2013
Do not cow down to them if charges are false.
Shwetal Jadhav
(Querist) 15 January 2013
Thanks experts for valuable advise.
