LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ajay (service)     11 May 2013

False 498a/ 406/ 324/ 307/ 506/120b/34

I got married in Dec 2011 ,and was working in Thailand before the marriage ,my wife joined me in Thailand for 1 month and then went back to India on Feb 2012  on the pretext that she is missing her parents ,she stayed with my parents and inlaws who are based in UP at this time and did not came to Thailand that she will come after sometime so i visted after every Three Weeks .On June 2012 she went out to stay at her friend but when my mother called her from some unknown number some Boy picked her call ,immediately next day her parents with there relatives came to our house and abused my family on no pretext and threatend and thrashed my parents and took all the Girls Stuff  ,we were socked and taken aback at there this act .

1.) Within 1 month in July they filled an case against us in Delhi Women Cell which my parents attended for almost 1 n half month , here girls father demanded huge money ,for settlements ,The Delhi IO told them that there demand is unjustified and they should bring the marriage exp bill .

2.) As on the Delhi Women Cell the girls family came to know that there plan is not working and the IO is strict they crafted an story with the Help of there Merrut Police and on Sunday Morning that my family mother ,sister and father visited them in UP to take the girl home as it was directed and agreed in Delhi Women Cell (Which is was an Lie we have the paper from Delhi Women Cell that they dont give such direction ) and fought and stabbed the Girl father with an sharp weapon( As girl father is an Doctor he got himself infected surgical wounds to launch 307 )  as Girl brother is in Media they got there pictures clicked in the local newspaper also .so they manager to file an false FIR aginast us on 498A/ 406/ 324/ 307/ 506/120B/34

3.) Within this period Merrut Poice IO officer harrased my family and looted the money ,and also told that the Girl has an strong affair with an Boy and her parents forced her to get married.

4.) My family is based in Delhi so my Old Parents were visiting UP every corner to prove there innocence as we are living in Appartment with CCTV Camera my father tried to look for his pictures on this Sunday day and found his pictures of him entering the Appartment at the mentioned time.

5.) We gave all the proofs and our CCTV pics to the IO to prove our innocence and wrote to all the High officers for our innocence ,in the meantime the Girl Father Bribed the IO and manged to get the false chargesheet filed in the court,and the IO got 5 people as witness -( Girl father , Girl Mother ,Girl her self ,Girl Brother , Father Compounder ) and filled false against us confirming pur presence even though we gave him so many proffs but he removed 307 , and let all other IPC  498A/ 406/ 324/  506/120B/34

6.) The Girl father has also filed an Domestic Voilence case against in UP Court .

7.) Recently the Girl has filed under Section 11 Desolution of Marriage on the ground that i was married , and the girl parents knew about it and it was agreed that i will leave my first wife ( New False Story) 

8.) The Girls father has filled an CRPC of 420 that i was married before marriage.

6.) Now arrest warrnts are aginst 4 of us name  and court summon have been issued to appear before court .What can we do in this case , and what tools we have and we are very much worried ,as the girls father and brother are using his power and money ,and my old parents have to Travel to Merrut every time from Delhi ,what cases can we put on them and what should be our Ground for the Bail. 

Thanks in Advance , i really appreciate your help and expert advice ,we are going through a very tough time and need your expertise .



Learning

 12 Replies

Nishant (Lawyer)     11 May 2013

Up wale mostly false cases karte hain . System of dowry in Up is very bad & alway Believe on "Satyamev Jayate "

Shantanu Wavhal (Worker)     11 May 2013

were u really already married at the time of ur marriage with this girl ?

if yes, u have committed Bigamy.

Ajay (service)     11 May 2013

The Girl father is cooking false stories and filling false cases without any proff and i was never married before.we are very law abiding family ; i got married to her only .The Girl father is accusing us and misleading the court

(Guest)
Originally posted by : Ajay
The Girl father is cooking false stories and filling false cases without any proff and i was never married before.we are very law abiding family ; i got married to her only .The Girl father is accusing us and misleading the court

Fight these cases based on merit.


It will take time, but eventually you will come out clean.


Thats option No.1


Second option is:


Pay her handsomely, she will take all her cases back, get MCD< enjoy life.

SRISHAILA.DHARANI (Advocate&consultant)     11 May 2013

Filr  transfer petition in the supreme court, trnsfer that petitio0n to delhi court, as your parents are old and not able to go to thmeerut court, becuse of illhealth and aged ones.

Secondly, file a petition  to get nticipatory bailo for all of you.

Thirdly, dont be panic and afraid of any thing.Northing will happen to you and your family.

Engage a professional lawyer to handle these kind of matters..

 

srishaila,advocate, bangalore,9741425514,sdharani120@gmail.com

1 Like

Ajay (service)     11 May 2013

Thanks a lot for your reply and advice , I will ask my father to be intouch with you ,we are afraid that what if we loose at Supreme Court , but we are having lot of ordeal in UP as its the Girl Home Town and his father is using his all local influence .

 

they have filled 4 cases against DV , CRPC 498a/ 406/ 324/ 307/ 506/120b/34 and 420 , and in Family court Section 11 Disolution Of Marriage .They want my old parents to travel all time to UP can we also file case in Delhi against them as they have filled all false cases without any proff on all LIES .

R K........ (Analyst)     11 May 2013

This case will not let you concentrate on your job. i will suggest you to settle the case amicably. just try to find out what the girls parents are looking for in terms of settlement

u will get many more girls in the future, finish this case and leave this girl 

Ajay (service)     11 May 2013

RK  Ji ,i am an businessman who is ready to Fight ,we always tried to solve it amicably but failed as Girls father demands are unjustifed and unresonable ,and the girls father is not interesed as he is Greedy for Money, and money is everything for him and is playing with his daughter life and job to fulfil his greed and ego.Which will end soon

.He is aware his Daughter was not intrested for this marriage and they forced her to go this alliance and had an strong 4 years long afairs with an Boy .


(Guest)

Get AB. You need not worry. Lucky he has filed dissolution of marriage, contest it and based on cruelty you can easily get divorced. Dont pay anything. Be strong and take care of your parents.

Nishant (Doctor)     12 May 2013

I am in a similar situation as you as far as the sections framed are concerned . The list goes like 307/308/323/325/514/498a/419/420/467/468/.  3/4 dp act .Mine is a unusual story though.   My wife forced herself into the house after I had filed for divorce  and she lost the transfer petion wherein she claimed grave threat to her life in my house.    . Her parents followed her and apologised  for her behavior over 4 years of our marriage. But within 3 months she had file for domestic violence  and continued to harass me and my parents using the police with whom she very quickly had become friendly , in a unfortunate sort of way. 

Meanwhile she continued to evade the court and after more than a year when she did not file her written statement I obtained a expedition order from the high court so that the court could decide in 6 months.   The case started moving at a brisk pace and just when she had to appear for cross examination she has used the police links to cook up this the new case  alleging we attempted murder  (my house is covered by CCTV) and  the FIR has been filed 3 months after the incident shown and she has also submitted medical certificates and X-ray all 3 months old.  

She has involved all members of my family and  we have had to leave our house fearing arrest . Meanwhile she again came back to the house having filed the FIR  but since we had left the place and locked it she is staying out for the time being . Not finding us she started filing FIR against our employees alleging that she was robbed at gunpoint near a ATM in a railway complex .  so  our staff was arrested and put behind bars by the railway police using nonbailable sections. thanks to the magistrate he is out but my family is still on the run . 

In uttarpradesh there is no anticipatory bail . Most of the senior lawyers I have spoken too have told me that they can't even get me a arrest stay because she has shown injuries and X-ray .  I have investigated to find out that the medical certificate has been issued by a Ayurvedic doctor who is not Mbbs   and Was on government  contract in a village 35 Km ffrom our house in a single room goverment facility. I have lodged a complaint against him with the district CMO who has revealed that this man has done similar forgeries in the past and he has agreed to lodge a FIR against him and constitute a medical board to examine my wife which I believe will be a futile exercise since nothing will pick up these injuries after 3 months .

And my counse tells me that the bench hearing FIRs will only look at the injuries and X-ray which even though forged are existing on paper.   So I have to go back to the same police that has started this game . And their solution is simple ...pay up to her and them or else the IO can order arrest at any point of investigation with such serious charges.   

     Please help .....

SRISHAILA.DHARANI (Advocate&consultant)     12 May 2013

Hi, Nishant,

No they cant not arrest you.Better you take anticipatory bail for you another people named in the FIR. and thereafter fight case.Dont be panic, as nothing will happen to you  and have confidence, in you.

 

srishaila,advocate,bangalore,9741425514,sdharani120@gmail.com

Ajay (service)     13 May 2013

@ Nishant .I'm very sad to know that you are also sailing in the same Boat stay strong as Mr.srishaila has told you and i have also heared that you dont get AB in UP also that in 498A in Up they dont arrest the Girls member of your family like your mother and sister , what the lawyers have advised you and can you put some cases aginst her also as you have already put an Divorce case ,


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading