ashish 23 December 2016

Section 376 involve in matrimonial case

Dear Sir, I file sec 9 on 2 July 2016 and then my wife lodged an FIR and also she charged sec 376, 511 against my brother but there were no medical report submitted and this was 100% false now I applied to quesh this FIR in high court Allahabad but high court ordered that no family member should arrest till submission of chargesheet but as far as no 1 is concern he is dismissed and my lawyer easily said "go and get the bail from Kanpur". But when I reached kanpur I discussed with 4-5 advocates all said that court has not mentioned bail in 24 hours so if you will apply for bail court will send you in a jail because there is 376 in FIR so what should I do first I think close sec 9 and then file divorce against her?

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Originally posted by : ashish
	Dear Sir, I file sec 9 on 2 July 2016 and then my wife lodged an FIR and also she charged sec 376, 511 against my brother but there were no medical report submitted and this was 100% false now I applied to quesh this FIR in high court Allahabad but high court ordered that no family member should arrest till submission of chargesheet but as far as no 1 is concern he is dismissed and my lawyer easily said "go and get the bail from Kanpur". But when I reached kanpur I discussed with 4-5 advocates all said that court has not mentioned bail in 24 hours so if you will apply for bail court will send you in a jail because there is 376 in FIR so what should I do first I think close sec 9 and then file divorce against her?

In matrimonial disputes emotions go haywire and your trump card will be the same, ie emotions.

In your case, just go fall to her feet and ask her to take back the case of rape which she has filed against you. Swear on her, and she will take her case back. Thats the best option for you now. Leave ego for some time. You can easily get through this. And if you are still keen after she takes back the rape case, go for mutual divorce and end matter peacefully.

harish (finance) 23 December 2016

Go supreme court, no 376 file in matrimonial dispute

harish (finance) 23 December 2016

If you have sister and mother file case against your wife for haresment.

ashish 25 December 2016

Dear Sir,

There is no proof and no medical reports attached so this is fake FIR of 376 but I want to consult why lower court will not allow bail if I surrender in court as told by my lower that court will send you in jail

ashish 25 December 2016

Yes I have sister and mother but my lawyer said this will not bother

Inform 03 January 2017

Fight on merit.Bail will be granted by court.Keep on applying.Dont apply for divorce.You applied for RCR she has filed rape case.Just convince the judge that she wants divorce and for that she is harassing you.You should have evidence of each statement you make be it for your defence or else.If you beg her for MCD you will be asked for huge settlement amount and even after paying it you or your brother will not be immune to any further cases from her in future.If you and your family mambers have not comitted the offence dont bend to her attacks.Fight on merits.She has to prove the allegations made by her.You have to only deny.You are innocent till proven guilty.Let her prove it.

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R Trivedi (advocate.dma@gmail.com) 03 January 2017

If she has filed 376 on your brother, then life is tough for him. You do not be take on yourself to establish the truth in front of judiciary. You will be fully drained, leave your ego aside and see how you can part. Only if she is hell bent on screwing you, for reasons best known to you also, then you fight truthfully.