Surender (Supervisor) 09 March 2012

498a

Need Urgent Help Pls suggest wht to do.

I am Brother of Rajender and my name is Surender, my brother (rajender) live in germany and his wife name is Shilpa she has filed false case 498a against us with in one year after marriage.

Me (surender), my mother and my Wife (while she was 7 pregnent) were arrasted and we had a police custody of 7 days.

My brother (rajender) cant come back to india, She has filed a case on us in Family court and in civil Court.

My mom always go to the family court on each and every hearing.

I just want to know that after filing false 498a case will Family court allow here to stay in our house though this house dosent belong to me nor rajender (her Husband) but this house belong to our elder brother.

Will Family court allow her to stay with us in the same house as she has claim that this house is her Matrimonial house.

My brother (rajender) dosent own any property in india nor abroad.

Could you please let me know what would be the result of this case.

We are totally confused what to do please help us on this we are

Mentally tourcher and we are Financially became to weak and no one is guiding us properly.

NEED HELP............................

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2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 09 March 2012

Dear Mr.Surender,

I express my regrets that you too have been made to suffer at the hands of your unscruplous sister in law - who has abused the dowry laws against you. The order of the magistrate remanding you people to 7 days police custody appeared to be bad at law and is grossly unjust. The Court ought to have kept law laid down by the Supreme Court in mind while dealing with your case. 7 Days police remand of a pregnant lady in a dowry case is unprecedented. I advise you to strongly contest this case, and if possible explore the possibility of getting the FIR quashed in High Court by consulting a seasoned lawyer.

As regards the matrimonial property - there is no bar in you staying there, it belongs to you people the fact that she claims it as matrimonial property is of no consequence. I am presuming there is no court order - ordering you not to be there (if there is the same is bad and ought to be reversed).

Feel free to Talk.

Bharat Chugh

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