Very urgent!! atrocity by husband on my father and brother

@ Author,

1. The Application filed by your Husband is alleged to be false Application as he cannot hide behind his alleged wrongs in the name of his ST status. 

2. Your side should attend the inquiry at DSP office and present your version of facts as how you were subject to mental cruelties and to unnecessary demands in the marriage and show certified copies of RCR and DV Complaint and also point out to his surname change to marry you (which is unusual). You should take your advocate to DSP office and he should seek true certified copy of Application for FIR that is diary entered with DSP office. 

3. If spouses do not wish to live together then RCR (S. 9 HMA) decree does not help as Court cannot execute on him (i.e. force him to take you back). The maximum you can take help of RCR decree is to pray for divorce in your favour later.  If you are not working and do not have independent source of income to support yourself then you can pray for granting interim maintenance under S. 24 HMA while RCR case is pending. 

4. S. 498a IPC complaint case is extreme step one takes and if you were advised against it then RCR and DV Complaint are enough at the moment to get you justice is my view. 

5. Actually SC / ST have been given protection under Constitution of India to cry ‘atrocities’ when getting struck in alleged to be marital facts such as these type of matrimonial issues they face hence, yes, he can file one such complaint against your father - brother. Since you asked , following sub-paras are covered under ‘atrocities’ and your side has to re-read the FIR and take help of your advocate to judge if his allegations ‘atrocities’  are covered as per law or he is just fishing, as I do not know the full content of the FIR;

i. to drink or eat any inedible or obnoxious substance;

ii. to cause injury, insult or annoyance by dumping excreta, waste matter, carcasses or any other obnoxious substance in his premises or neighbourhood;

iii. forcibly removes clothes or parades him naked or with painted face or body or commits any similar act which is derogatory to human dignity;

iv. wrongfully occupies or cultivates any land owned by, or allotted to, or notified by any competent authority to be allotted to him transferred;

v. wrongfully dispossesses from his land or premises or interferes with the enjoyment of his rights over any land, premises or water;

vi. compels or entices to do "begar" or other similar forms of forced or bonded labour other than any compulsory service for public purposes imposed by Government;

vii. forces or intimidates not to vote or to vote a particular candidate or to vote in a manner other than that provided by law;

viii. institutes false, malicious or vexatious suit or criminal or other legal proceedings;

ix. gives any false or frivolous information to any public servant and thereby causes such as public servant to use his lawful power to the injury or annoyance;

x. intentionally insults or intimidates with intent to humiliate any place with in public view;

xi. assaults or uses force to any woman with intent to dishonour or outrage her modesty;

xii. being in a position to dominate the will of a woman and uses that position to exploit her s*xually to which she would not have otherwise agreed;

xiii. corrupts or fouls the water of any spring, reservoir or any other source ordinarily used so as to render it less fit for the purpose for which it is ordinarily used ;

xiv. denies any customary right of passage to place of public resort or obstructs such member so as to prevent him from using or having access to a place of public resort to which other members of public or any section thereof have a right to use or access to;

xv. forces or causes to leave his house, village or other place of residence.

[Last reply]

ms hamim ji.i am replying to all your issues. if a case u/atrocity act is registered agaist you father etc. move to special court with an application to grant bail u/s 438 cr.p.c. which is not so easy. court has to be satisfied no case of atrocity is made out. change his sirname does not dis qualify him regarding his caste. he continues with caste. no sense to prosecute him for 498a now as you are very late. you should continue your case u/s 9 h m a. but you should shun such person. better seek divorce for security&future.-prakash chandra jain advocate inodre-09479848437. you may also consult me on phone for any help. actully i am ex- district&session judge.on facebook/prakash jain. now i am serving to unhelpful. 

Thanks a lot Mr.Tajobsindia  & Mr.Prakash chandra jain

Today I visit DSP office and Read the Application copy. It is yet an application to file FIR under atrocity. The application is made to LCB officer, and from there it is been transferred to DSP office SC/ST cell. 

The application has 3 main points for the FIR.

1) My father Called my husband and said him words about his caste and on the same day my brother also behaved same at my matrimonial home.

Fact: I was suffering from injury, and had an appointment of doc. My husband denied me to take hospital by saying If you want to go, go on your own and called my father to come and take me hospital. So my father sent my brother to pickup me to take to the doctor. Nothing else had happened.

2) Again my father had called him after a week and said words about his caste.

Fact: From the day my brother took me at my fathers place as said by my husband, My husband told me not to come back until he come to take me home. so we were just waiting, My all belongings and documents were at matrimonial home, so I went to collect them. My husband didn't pickup single call of my father during this period.

3) After sending him notice to take me home, they replied approx. after 3 months. As per the application for atrocity "on the very next day of receiving the notice, My brother and father cross him near his place at 10:30 in morning and hit him very badly. and again tell him bad word regarding his caste, and ask him to give 5lacs and give divorce"

Fact: On the date mentioned in application, my brother and father were not present in that area. My father was at Hospital and my brother was at College. And a man cannot be at 2 places at the same time.

Officer at DCP office told me to submit all the documents tomorrow. 

1) What will be the next process? 

2) Do we need to seek for Anticipatory bail? what is the process for that?

3) I have all the documents like doctor's file and attendance report of college, Will they be enough to prove the false allegations?

4) What can be next if we prove allegations in the application false? What steps I can take against him for this type of harassment?

If you do not file FIR on correct facts that doe snot mean that opther party cannot file false FIR.