My complaint under ipc 419, 420 & 463 dismissed

Dear Mr. Shah,

I really appreciate your help, but if you can briefly summarize this. I m just a common citizen who is taking help from this Forum to help my case & a justice for me. Hence, it will be too hard for me to understand Legal jargons.

I tried my best to find something relevant, but seems the case is about a Forged Certiticate being used to get Schedule Caste Reservation Quota advantages. This is what I could summarize.

If yes, then I doubt how this is related to my case.

My case is my wife & her family false mentioned her DoB & Qualifications. Later after marriage, in order to prepare Marriage Certificate, Passport, etc, I started to request her Docs. They provided to me a Birth Certificate photocopy, but mentioned all originals are lost. They were very cool after saying this. Docs wedre of no importance to them. But when I started pursuing them even for at least procuring a Leaving Certificate from school, their threatenings started. These threatenings were for false complain about Domestic Violence on my wife by me/my parents, greed for money, etc.

I investigated by my own (very confidentially) & found why were they behaving in this manner. This they were doing since they wanted to keep Actual DoB & Actuals Qualifications disclosed. I have emails from them mentioning the DoB and qualifications, which is far different than the actuals.

Little they must have understood that marriage is not a short term contract & such things cannot be kept undisclosed. This is a deceptive intention to harm my life.

The threatenings even continued. Her Brother & Bhabi called me that if the complaint is not taken back, then she will complain that she was raped by me. This too is recorded on my mobile.

Now is this acceptable under eyes of Law ? Will there be still no justice to me ?

I would still look forward for a expert to help/guide me in my case & justice.

Regards,

Hussein.

now, what you exactly want? do you want to instituted criminal complaints against them, do you want divorce ?

If you was been threatens for raping her Babhi. and you have recording phones calls.

Then filed compliant to police about threatening you to implicate in false cases such as raped etc.. with those mobile recordings & others proof so the cops beieve and take matter for investigation during investigation you can provide all those docuemetary proof to support your complaint. thereafter police upon inquiry may file chargesheet against them. if not then you can file complaint before court alongwith all this papers and complaint to police but no actions taken on it. this will put then under pressure, stop threatening you and help you when they tried to falsey implication you and yours family in false cases.

secondly, defenitely big difference in age and qualification suppression is amount to cheating and fraud for this you have strong case to file against them, don't know whether this case under ipc cheating and forgery was file first before police or directly in court. even you have filed and it was dismiised you can challeged it in session court and convience the court to pass necessary order in the case.  ( since you have not provided full details of your case and under what section is filed). i beleive you have strong law point to appeal the order.

also, now she is staying with you or seperated? domestic voilence are not so easily accepted by court if spouse are living separately for certain year. even otherwise don't be under tension that threating is only to make you in pressure that's all.

forged document done outside the court or before it submission in court then the police or private party have rights to insititute the criminal proceedings against them and not by the court u/s 195 crpc.

Divorce, if you have prepared mind not to continue with her then you may file civil suit for dissolution of marriage under muslim shariat act 1937. on that ground or else you may send the notice thru Qazi (shariat court) for divorce, they will send notice to them and asked to reply or come for meetings, after meetings failed a divorce can be issued to her in writing with three different motion this being a good practice and broadly acceptable in court of law. some do by sending divorce (3-Talak) and dissolved the marriage though this was not recommended in musilm law but treated as valid talak. though on this type of talak some courts are not  agree but some are agree on it. recently supreme court judgment that even after divorce the divorce wife are entiled for monhtly maintenance to her till she remarried or death. though same was interepretation by supreme court in muslim law. If she is working and abled bodied then no maintenance to her even aftre divorce. Muslim women act 1986 under section 3 says  fair and reasoanble provision to divorcee wife from her  divorcer husband. it was settled as full anf final one time payement. for childrens sec 125 crpc applicable for her and father is eligible to pay the child maintenance and many more in this regards..

cheating and fraud played is not acceptable in laws if it's done to deceive others and gain over others. pls. see IPC 209,210,211,420,419 etc.. in google. you may understood what it's say.

i have post judgment to under stand you how court deal the fraud / cheating cases even though that was not 100% related to your story but it explains . so you search similar judgment at indiankanoon.org on google you may come across such judgment and understand the laws.

Dear Mr Shah & everybody who contributed to this thread.

yes, whenever I get a threatening call/SMS/emails, I log a NC with Police. We are seperated since a year more. But I have a small child too.

Though I have a child, but I have filed a Custody petition, since the family has no cultured and once I had received an SMS from my wife's Bhabi to take away the child or else she will face death. This was on an SMS. Police accepted only thru a NC, but no action of even a warning; since Police mentioned that they will not take any action, since there is not crime & moreover the threaener is a women.

Though I have a baby daugther, I will see to what extent I can do best for my daugther. I dont mind taking her in my custody, since I m not allowed to meet nor they are appearing in Family Court to access my baby to me.

May be they are sure, that the Custody is only with the mom, irrespective whether the Mom with her family has done a criminal activity or not following law orders to appear with the child... they have their Kingdom in our India.

By the way, thank you very much. I must see to put some more of the IPC Sections too, since 419, 429 & 463 were not acceptable in the initial trial.

Regards,

Hussein.