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(Guest)

Lawyer misguided me

My lawyers misguided me and asked for dowry FIR.We both had a fight one year back. I came to my parents house next day with my two kids.My father did counsulation with a local lawyer and the laywer suggest us to file dowry and domestic violence case in police station.

Our lawyers after listening our case history made his own story that so and so date my husband came to my parents house along with his father and beaten me and my mother. But in reality by husband was not in India during those days.His mother , father  and brother was in jail for 7 days. Husband was not traceable later he got AB.

Now my husband says he will take me back  with the condition that I have to accept the FIR is false that is in front of judge in court.

What action can court take against my parents and me if we accept our mistakes. I do not want to leave my husband. In 12 years marriage life he never asked for dowry.



Learning

 9 Replies

Sanjeev (Lawyer)     08 September 2012

The humilation that he would have gone through and his family makes it not possible for him to take you back. Before filing any cases you should have analysed the pros and cons. 

B.N.Raja Mohamed (ADVOCATE)     09 September 2012

Madam,

Since the case is in the stage of F.I.R. you can approach the police station inspector or the sub-inspector who have registered the F.I.R. for action drop process. This can be done because, for the matrimonial diputes the supreme court itself has ruled that once the parties are willin to compromise the court should not intervene and it cannot be a stumbling block. If you take the matter to the court , it will be achied only after the chargesheet is filed and will be time consuming.


(Guest)

How can I do action drop process? Will this create any problem for my parents in future?

stanley (Freedom)     10 September 2012

You would have to give a written undertaking to the SHO where in your FIR  has been Filed and that you have come to a compromise with your husband as it has not yet reached the Court .you are worried only about your parents what about the humilation his parents and brother went through can you take it back . As a matter of fact your husband has a upper hand since it is not so easy to prove your allegations of being beaten . since you say he was out of india than on the passport he would have his entry and exit stamps . And also when you say you had been beaten than you would have to have a medical certifate from a govement hospital to prove your claim .You should apperciate your husband inspite of all this he is willing to take you back since he has a big heart .

Once it goes to court he can easily file a case of Pre jury u/s 340 against you 


(Guest)

SHO is not listening  us asking for huge money for closing the FIR. My two relatives who are in govenment job are witness of our beating . Is there no other remedy for my mistake.

My  husband says that I will not write as compromise but He wants that I should say that FIR is false.

stanley (Freedom)     12 September 2012

 

1. you still live in the past and the fact that your two relatives are witness to the beatings.

2. you dont want to leave your husband .

3. But natural SHO will ask for money to close False F.I.R 

You have to decide what you want wether  you want to live with the past or live in the future with your husband .


(Guest)

I have decided I will not live with him .

Bhaskaran Advocate (Lawyer)     13 September 2012

Let the case go to court and you can compromise there telling that you want to live with husband and so you withdrawing the case.

You made up a false case already,  now make another false case that you love your husband and want to live with him etc etc so that the judge would take your side.  Later you can have your own ways.

Certainly the damage is already done and you will never be able to live with your husband.

Sudhir Kumar, Advocate (Advocate)     14 September 2012

If your husband is not willing for comprimise then there is no point to withdraw.  you are in dictating terms and soon with your weak show will end in misery. 


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