rahul jain (student) 26 October 2015

if wife

she left home on 15/10/2014 with her father after attempting sucide and then wife have launched fir with 498A,406,504,506(2),114, dahej prohibition act (3,7) on 19/4/2015 at her house then fir get transfer here in my home town but till date io have not take any step i have word with them and they are co operating with us wihout any harm but they take lightly and make it delay till date no action has been taken by lady io..
i ask them through call and whatsapp abt it but they saying we will call you but no response from them so i leave it like this only ..we have not get regular bail yet ..chargesheet not yet filled ..is it ok ..??? m i doing right to ignore io .... expert please advice on this ...

Please see below link for case history for refrence :

https://www.lawyersclubindia.com/forum/Wife-can-claim-my-brothers-property-And-how-to-quashed-false-fir-498a--126024.asp#.Vi3DCG7TrDc

Secondly her father is gunda type person doing vyaj bussiness and doing vasuli type work in their home town now they yestaerday call my aunt and tell her that they are coming for discussion ...

now what i suppose to do ??

i know they are coming here to ask big amount( as diwali is nearby ) but i am belong to middle class family and my father age 65 .only me earning in my family i am also doing my LLB (1st Sem)..

please experts help me further ....

i am ready to fight in the court but if its get sort out out of the court it will better for my family ...

please help me in this .

i am waiting for your responses...

PLease see below see case history ...

""**_____________**""

Respected expert members ,

i would like to share my story with you all from the beggining of this incident and expect some valuable guideline from all senior members your answer some time means a lot so please respond .

we are leave in happy joint family my elder brother marry a gal who live in another city but in the same state . everything was going perfecty fine(marrige life 1.5 year only ) . one day she was get involved in OBSTINACYwith my mother (her mother in law ) the incident was she was saying i want to go my home right now and my mother give her option that we will drop you in the mid way of our tour but she was get angry and in this small matter she went to her bed room and drink toilet cleaner then we take her to hospital and then she got stable condition after 1 week then IO and executive megistrate came and take her statment in that all statment she said this is my mistake i drink it on my behalf no one force when executive magistrate and io ask her" would you like to take action aginst any one " she said " NO " then every thing gone perfect this case finished and she came after 1.5 months treatment and the cost of this treatment went in laksh and she got treatment from 3 hospital , she take food from food pipe .

now the main part of the story begins

after 2 weeks her father came and take her to his home and we also not react on it we thought she will feel better once she will feel better once she around the relative so we let her go without any objection now the problem is when we sent her she have good medical condition and stable health but after some time she got some problem and again she got admitted by her father at their place she got operation so we go there to see her but her father insult us and abuse language so we came back .

after 2 months we find the news paper where she said wrong things against my family and launch FIR in 498A etc section on 5 member of my family , me ,my wife. my bro , my parents then we got 41 crpc notice from local io and we applied for AB then got order that io has to follow arnesh umar judgment . (Chargesheet still pending )

now before few days her brother call me and saying that my sister getting bore so she want to complete her study so can you please handover the education certificate to my friend who will come at your home . so we give them all with video recording and sign of that person it means she is good and health as me and you .

now my question is :

i have found many diffrences in both statment ( statment which is taken in hospital and lateral FIR )"**

__________________

Thank you all in advance

Reply Follow

58 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 26 October 2015

Please apply for speedy trial immediately in High Court.

Please lodge a complaint in your local police station stating the situation.

The magistrate may order of an injection to protect you if you can properly show that you have danger, obstruction from any person (Gundas) or annoyance from any police offer or any person who is lawfully employed. You can do this Party-in-person in your district court.

Please see my profile links for more clues and sample petitions.

SAINATH DEVALLA (LEGAL CONSULTANT) 26 October 2015

Repeated query Mr.Rahul, U are a student and in each of UR queries U project URself as a victim/clarify

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 26 October 2015

the right of the accused or an under trial for bail under proviso (a) to Sub-section (2) of Section 167 of the Code of Criminal Procedure exists only till the charge sheet is filed against the accused persons. If the accused exercises his right to be released on bail before filing of the charge-sheet then his bailwill not automatically stand cancelled on the filing of the charge-sheet. It was further held that if the accused fails, for any reason whatsoever, to exercise his right of bail after expiry of 60/90 days but before filing of charge-sheet then his right to be released on bail will cease on the filing of thecharge sheet. so you need not worry about chargesheet.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 27 October 2015

You need not worry about any arrest but you should worry about prolonged time to dispose of it. Hence please apply for speedy trial now.

Please check my profile links for more details.

SAINATH DEVALLA (LEGAL CONSULTANT) 27 October 2015

In 498A there are no automatic arrests,Unless in the preliminary inquiry there is prima facie found.The other sections in crpc are non cognizable and bailable.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 27 October 2015

Originally posted by : Rocky Smith
	The magistrate may order of an injection to protect you if you can properly show that you have danger, obstruction from any person (Gundas) or annoyance from any police offer or any person who is lawfully employed. You can do this Party-in-person in your district court.

One correction in this. For the above statements you should file petition U/S 144 CrPC to the district magistrate.

Sudhir Kumar, Advocate (Advocate) 28 October 2015

you are student and 65 yer old. How?

Sudhir Kumar, Advocate (Advocate) 28 October 2015

you are well advised in details at https://www.lawyersclubindia.com/forum/details.asp?mod_id=126024&offset=1#.VjAS-G7K2xk------- what is the use opening fresh thread and expecting the experts to hunt for the facts from other thread for giving you free advise.

Sudhir Kumar, Advocate (Advocate) 28 October 2015

she was get involved in OBSTINACYwith my mother (her mother in law ) the incident was she was saying i want to go my home right now and my mother give her option that we will drop you in the mid way of our tour but she was get angry and in this small matter she went to her bed room and drink toilet cleaner then we take her to hospital and then she got stable ---------------[YOU WILL CERTAILY CLAIM THAT YOUR MOTHER WAS NOT OBSTINATE THOUGH THE GIRL WAS INSTIGATED TO ATTEMPT SUICIDE IN INDIA I IT IS DAUGHTER-IN-LAW ONLY WHO HAS A DUTY TO BE PROVED WRONG]------------- 1 week then IO and executive megistrate came and take her statment in that all statment she said this is my mistake i drink it on my behalf no one force when executive magistrate and io ask her" would you like to take action aginst any one " she said " NO " -----------------[SO STILL SHE DECIDED TO GO COOL WHILE HAVING A CHANCE TO HAVE YOU ALL IN STILL ON HER FAMILY IS DUBBED AS “GOONDA TYPE**** IN INDIA THE FAMILY OF THE GIRL IS ALWAYS GOONDA TYPE ]---------------------- then every thing gone perfect this case finished and she came after 1.5 months treatment and the cost of this treatment went in laksh and she got treatment from 3 hospital , she take food from food pipe -----------------{SO THA QUALITY OF LIFE IS NOT THE SAME].-------------------------- after 2 weeks her father came and take her to his home and we also not react on it we thought she will feel better once she will feel better once she around the relative so we let her go without any objection now the problem is when we sent her she have good medical condition and stable health ------------------ [IT IS CLEAR THAT THERE WAS REASON FOR HIS FATHER , WHOM YOU CALL GOONDA TYPE THAT TREATMENT IS NOT PROPER] but after some time she got some problem and again she got admitted by her father at their place she got operation so we go there to see her but her father insult us and abuse language so we came back .-------------------------[ WHAT BETTER RESPONSE YOU COULD EXPECT FROM HIM AFTER GETTING LIFE LONG TEARS AND STILL BE BE CALLED GOONDA TYPE]

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 28 October 2015

@ Mr. Sudhir Kumar,

From your close observation we are in view that the main dispute may be between Daughter-in-law and Mother-in-law. Both are female

Then why law is against men?

Why an innocent man will be sent to jail?

Why law has pre-convicted notion of view against men?

SAINATH DEVALLA (LEGAL CONSULTANT) 28 October 2015

Gauging the situation by viewing one side of the coin does not deliver justice.We are not aware what is in store from the other side,it could be an entirely different version.

Sudhir Kumar, Advocate (Advocate) 28 October 2015

There is one lady who delivers ma child she becomes supremo of society she has a right to be alwasy proved right -------------------- another lady who delivers female child is committing a heinous crime for which there is no pardon or mercy at least in Indian society. she has a duty to be ever proved wrong -------------- so such laws shall have to be there and shall ever been needed as long as atrocities are there.

Sudhir Kumar, Advocate (Advocate) 28 October 2015

Originally posted by : SAINATH DEVALLA
	Gauging the situation by viewing one side of the coin does not deliver justice.We are not aware what is in store from the other side,it could be an entirely different version.

Agreeing with Mr Devalla, I would add that it is the version of the queriest which though well drafter is revealing material against him-------- when version of his wife is taken it will show harsher realities.

Sudhir Kumar, Advocate (Advocate) 28 October 2015

"Why law has pre-convicted notion of view against men?" -----------------------IN THIS CASE THE LADY HAS BEEN DRIVEN TO ATTEMPT SUICIDE BY HUSBAND'S MOTHER. NO NEED TO SAY THAT HUSBAND IN SUCH CASE REMAIN BY-STANDER OR SUPPORTING MOTHER. SUCH LIKE PEOPLE JUSTIFY CREATION OF SUCH LAW -------------- I AGREE THAT IT IS UNFORTUNATE THAT SUCH LAWS (LIKE ANY OTHER LAW ARE MISUSED)

if wife

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