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Kiran (nil)     05 February 2011

Plz plz plz help, need urgent advice on Filing FIR

Myself , married in july 2010.

My mother in law has thrown me out of her house within a month of our marriage, my husband didn't help me at all, my MIL completely controls him and my husband is scared of his mother, and my MIL doesn't want me back, from the last 5 months iam trying hard to save my marriage, tried counselling, sent messages, phone calls emails, but no response. my MIl is forcing my husband to file for divorce and get seperated from me, she keeps saying him the same, i got to know this from my husband's relatives. My MIL is not ready to listen to any relative , she is adament to break this marriage. My MIL has harassed me alot, and i think she wants dowry but she is not saying directly on my face, moreover she curses me whole day that her son is handsome and she did a mistake that she choose me.

Atlast i had to file a maintenance case under 125 crpc. Summons were issued, my husband accepted the summons, and when police went to their house with summons, my husband and inlaws told them that they will appear in court and they don't have any problem in accepting me back. And they had signed the summon papers and gave the summon copy to police. Then on the following date of hearing , my husband & inlaws didn't came, they were absent. Altough their home was locked, and they had told their neighbours that they are going for a case hearing. Before that he had escaped from accepting the summons, by tricks, and due to this my case dates extend, and i keep going to court . 2 hearings havebeen passed. But now i think they are cheating & fooling me. From last 5 months iam trying so hard to save my marriage but now i feel these people are just cheating me, iam shattered . They just don't want to come to my place in court or accept me back, and now after all this i cannot stand my MIL, because she is a threat to my marriage.  They are inlficting nasty alligations, iam getting disgusting calls on my landline, from pco's abusing and all. 

Now i want to file a PWDVA & i also want to register F.I.R, for F.I.R i have ample proofs, and consent from police station ( From city- where my husband resides) in written that i should file FIR against my husband. Because i know he will continue to make me fool and won't appear for PWDVA summons also, as they are constantly cheating me.  So i will file FIR, Now i want to ask what happens after Filing FIR, can my husband still escape himeslf from appearing in court  even if i file an FIR ??? 

He will be arrested or not ??? please tell me

Plz plz plz reply, i need help. plz



Learning

 14 Replies

adv. rajeev ( rajoo ) (practicing advocate)     05 February 2011

Go thru., the answer in he expert column.

Self service (None)     05 February 2011

First decide what is important for you-

#1. You want to go back - File RCR

#2. You don't want to go back - File divorce

#3.You want husband to be arrested- you can file complaints but what benefit you will get? also you need to go court again

regarding your present case dont worry court will not wait for long after 3 dates ask your advocate for ex -parte.

Ambika (NA)     05 February 2011

How can advocate arrange for Ex Party? 

A.VIVEK ADVOCATE (ADVOCATE)     05 February 2011

you should get a proper assistance from your advocate .please counsult with your advocate

Sangeeta (owner)     06 February 2011

Personal advice....leave such a mama's boy...take divorce....resettle....such guys dont make gud husbands...

1 Like

DR.SANAT KUMAR DASH (Eye Specialist)     06 February 2011

Consult      one      Good    Lawyer   in    your    area   &     take    his/her    Advise.

Kiran (nil)     06 February 2011

Thankyou everyone. Iam consulting my maintenance lawyer, sorry to say but she is not helping me at all, and neither she advices me properly. I cannot change my lawyer because i have paid her . am suffering alot.

Please tell me :-

On filing F.I.R will my husband get arrested  immediately ???  or their will be investigation , i have enough proofs Why is FIR considered to be so strict and scary ??? please explain me ???

After filing FIR the case moves to court ??? so after that court will provide me a lawyer or i will have to arrange my own lawyer ???

Please help me

Avnish Kaur (Consultant)     06 February 2011

u can ask judge to give ex-party decision. i think ur lawyer will herselrf ask for it, dont wrry.court has procedures and rules to run and dont be in haste, if ur lawyer doesnt after 3 hearings ask for it change lawyer.

regarding FIR , i think she wants dowry does not work. what is the reason ur MIL is against you?

tell that first , if u cannot discuss here then discuss with lawyer in person. if ur MIL has a genuine reason , FIR may be counterproductive, consult a criminal lawyer and discuss all facts without hiding anything.

there is something missing in this post.

Avnish Kaur (Consultant)     06 February 2011

after a 498a FIR you do not need a lawyer, a govt lawyer will fight on ur behalf , provided by the state.

but before filing that think on lines this will definitely end relation, and a false FIR may even boomrang on u.

regarding police supporting u to file FIR they will definitely support anyone whether cause is genuine or not. they are looking for bakras to HALAL.
 in this case ur husband being bakra will have to pay them bribe , so dont go by them, they can even gift u to file FIR.

dont go by police advise , but go by lawyers' advise.

Ambika (NA)     06 February 2011

Good advice by Avnish in both scenario: if what you are saying is truth, and if what you are saying is not true. 

Kiran (nil)     06 February 2011

Thanks miss avnish ,

Actually my MIL is too dominating & controlling, from day one she has played games, regarding our marriage, gift , jewellery & money. Most importantly she keeps cursing me, she is a negative person and till date not a single relative is ready to talk to her, thats the reason in my case no one is ready to be a mediator, because all their relatives hate my MIL, her main intension is to get another girl for his son.  My jhethani & brother in law also doesn't live with my MIL just because of her nature, and she is not allowing her son to leave the house, and she is saying her son constantly to leave me, and take care of their business and make more money. I love my husband but he is totally controlled my his mom.  I feel iam used , i feel disgusted . I did everything to make my husband and inlaws happy, but from day one my MIL is creating problem. Infact during our honeymoon my dad had paid for our hotel and other expense, just because of my MIL. I had said her that i can live at a seperate accomodation in same city, near by and won't force her son to stay with me 24/7, he can come to me on weekends, and rest 5days he can live with his parents. But still my MIL wants to kick me out of her son's life just as a revenge. 

I have enough proofs, report of protection officer , appeal applications of counselling etc . But constantly my MIL is breaking all the counselling orders, and she is forcefully trying to break this marriage. 

This is injustice to me, i feel iam used. I got married to a man, loved him truely, he used me as much he could and now when his mom asked him to kick me, he and his family kicked me off. My marriage is ruined, iam shattered. All my dreams my self respect, my feelings are insulted and ruined. I need help.

Kiran (nil)     06 February 2011

What do you mean miss ambika, can you please explain ???  i didn't get you.

Iam in no mood to file any false complaint, why will i screw my own life that way. I have become helpless and want to file FIR now on the true facts, and with all the proofs which i have.   If i had to frame my inlaws falsely i could have done much before this, and i would not have tried for counselling. 

Kiran (nil)     06 February 2011

My inlaws are just absconding, they are not allowing me to talk to my husband.   They are not at all cooperating, not accepting me back and are looking for other girl. 

Kiran (nil)     06 February 2011

My lawyer said that before completion of 1 year of marriage if such things happen, then 498 section is applied with or without victims concent.  ( in FIR etc cases )  i mean with other sections 498 is automatically added  as a reason for trouble in marriage less than a year. This is what my lawyer told me.  So i don't know. if you all have any idea about this then please help.


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