what are proofs required to prove living relationship----------please help?
param
(Querist) 24 December 2010
This query is : Resolved
please help me,my ex-wife has filed a case against me ,FIR is due in day r two.
we both had taken divorce(mutual cosent on 17 july 2008 dissolution judgement given by courct afterstaying away around 2.5 years,case has been filed for mutual consent divorce)
She was living with me after a gap of 4 yrs.
she came and stayed with me since 2009
june to august--2009,
september to November--2009
feb to march--2010
april to may--2010
now expected baby in jan 2010 and left very politely for bro marriage.
never came back.
she is saying,she has been allured in the pretext of remarrying,involving me,Mother ,father,Brother(because of tickets booked from brother credit card,he is Major in army) in 376IPC and also determination of sex also.
whereas my wife is not residing with me since may 2010.
i heard no bails in this case for 6 months
Please suggest
2 hours ago - 4 days left to answer.
Additional Details
question of sex determination doesnt arise because when she moved from here no whereabout was there of child.how shall i prove
Note::::::::::::::can i get easily bail or wat could be the time frame.
can i be booked unde r 376,even if she came and stayed with me.......
......my parents and bro name is also there,,,and also they are residing at seperate place and my bro credit card was used to book the tickets..for her coming........he is(bro) govt servent ,he is also tried to book........
can my bro and parents can be booked.....r n
Swathi S Bhat
(Expert) 24 December 2010
sir,
First of all you have to get an anticipatory bail from the court otherwise there is a chance of taking you in custody by the police. Then you have to prove before the court the gap which was existed between you and your wife.
Devajyoti Barman
(Expert) 24 December 2010
yes absolutely. At the time of investigation the police would nopt evrify the falsiity of her statement. First obtain the bail and then fight the case.
param
(Querist) 24 December 2010
can i get bail easily and wat could be the time frame
yogesh
(Expert) 24 December 2010
In my view FIR if registered under section 376 amounts to rape and bail is very difficult to get but its upon the discretion of the court to consider all the relevant facts and circumstances
You should go ahead and File for anticipatory bail without much delayed and put all the facts in the knowledge of session court
param
(Querist) 25 December 2010
can i be booked unde r 376,even if she came and stayed with me.............my parents and bro name is also there,,,and also they are residing at seperate place and my bro credit card was used to book the tickets..........he is govt servent ,he is also tried to book........
can my bro and parents can be booked.....r not
s.subramanian
(Expert) 25 December 2010
What has been suggested above is right and I agree with them.
