Asta Pratap (NA) 07 January 2012

In laws want to file a police case against me and my parents

Hi,

Brief about me:

Ours is 12 yrs of marriage. I am software consultant and based in Hyderabad ,while my father and in laws are in Uttar Pradesh. My father is retired and father-in-law is senior engineer in U.P. Govt.

From last seven years, we are living in Hyderabad. I mean,me ,my spouse and two kids.

There is sudden changes in my wife behaviour ,now, she don't want to stay with me.Being at senior level, i am most of the time busy in office and than in meetings.However ,providing sufficient time and good life style to my family.

Problem Statement:

My in laws interfere a lot in my family life. Every day they are talkingfor long hours. Every three months from last 7 yrs , My wife with kids fly to her parents and stay in months there .In these 12 yrs of marriage ,i did not even hurt my wife.

There is sudden change in my wife behaviour: She don't want to come to HYD even kids have not gone to school from last 2 months..

Father-in-law threatning me that they will file a police complaint against me and my family.They are rich and having good contacts in police and politics and want to involve me in court case. I never ask any money from my in-laws, In laws used my and my wife PAN Card for purchasing many assets .My wife is houewife. I took money as loan and she gave these to her parents

My questions are:

1. Can he file a police complaint against me ?

2. Can he file a police complaint against my parents, my parents are not staying with me from last 7 yrs? Can they make party to my parents also. My father has already received two heart strokes.

3..Can i apply for advance bail ?

4. Can i file a case against my Farter in law, for misusing my PAN card ,as he is in govt service ,he can not purchase some huge amount assets unless he is taking bribe and i am also funding and these assets. these are in my wife name ?

5. when my wife ,left in november, she took all gold ornament,which i purchased against my PAN ?Can a case filed on this issue?

6. They want to issue a TC from school ,so that both the kids can start studying from their place.Should i go ahead for the TC issuance?

Please suggest, your advises will be highly appreciated.

Thanks & Regards,

Asta Pratap

Reply Follow

6 Replies

Sanjeev (Lawyer) 08 January 2012

They can file a case under Sec 498A if they wish. There is no concept of AB in UP so you ca. nnot seek the same. You will need to apply for Stay of arrest when FIR is registered from Allahabad HC.

With regards to TC you can get that issued as when your wife is not ready to stay with you why to harm the childrens studies anyways they would get them admitted without TC even through some way or other.

The real issue you need to analyse yourself that why has such a situation arisen after so many years of marriage. There must be some reasons that you would know better and you are the best judge.

Asta Pratap (NA) 08 January 2012

Thanks Sanjeev,

Problem is her parents interference everyday .From Morning till night, her parents ,yougner brothers having chat with her. Same issue has cropped in my both the kids, Three to four hours daily ,they are having discussion with them. You would not beleive, now, they arecalling them even after driniking a glass a water .

Technology curse :), even though i am in Software.

Sudhir Kumar, Advocate (Advocate) 10 January 2012

You questions re repied as under :-

. Can he file a police complaint against me ?

Ans : yes

2. Can he file a police complaint against my parents, my parents are not staying with me from last 7 yrs? Can they make party to my parents also. My father has already received two heart strokes.

Ans :yes

3..Can i apply for advance bail ?

Ans :yes

Ans :yes. There are provisions for intimation to the deptt for heavy transactions.

5. when my wife ,left in november, she took all gold ornament,which i purchased against my PAN ?Can a case filed on this issue?

Ans :yes

6. They want to issue a TC from school ,so that both the kids can start studying from their place.Should i go ahead for the TC issuance?

Ans :absolutely your personal decision.

Kundan Kr. Singh (Advocate) 12 January 2012

Hi Mr.Pratap

My freinds are given reply are Good.There is one suggestion, You may file case against wife "Restitution of conjugal rights under hindu marraige act" at Hydrabad for preventing measure, because they can file false case against you u/s 498 A IPC