My sister had filed for three cases in judicial magistrate’s courts – divorce, child custody (2.10 years old child) and maintenance. Then a few months later, there was reconciliation. But the boy went back on the agreement. Instead he started threatening our family. So my sister filed the three cases again.
These are the events in brief after my sister re-filed the divorce, custody and maintenance cases:
1. The boy’s family got the boy’s uncle to lodge a false police case against my father.
2. The boy’s mother lodged a false police case against my father and sister.
3. The boy has filed a false court case against my father and sister.
4. Lately, the boys’ father has lodged a false court case against my father.
They have used their family members plus a relative in building false cases against my father and sister. Obviously boy’s family is misusing law to create hurdles in maintenance and custody and to harass us.
This is what we have done in defence:
a) Filed harassment complaints (for the two false police complaints) with the state human rights commission. The commission has taken the cases. The first hearing is next month.
b) Filed court case (in judicial magistrate’s court) against the boy’s uncle for building a false police case.
c) Sent someone for the first hearing at the boy’s hometown for case #3.
Opinion on the following will be very much appreciated:
1. The boy’s family has lodged all cases in their home town (the police case lodged by boy’s uncle is in uncle’s hometown). We have been advised strongly not to travel to their hometown. Also in the reply to police cases we have said that there is risk to our lives in travelling to the boy’s home town and that we have not visited their home town since the girl and the boy separated. They have falsely claimed in their cases that my father and sister visited their house and harmed them. Can we get the cases 3 and 4 transferred to our city by filing a case in high court ?
In case of case #4, they may claim that the father is bed-ridden (actually he is not bed-ridden, he just does not go out much), therefore he cannot come to our town for the case. Is there a way to avoid this ? We do not want to go their hometown for the cases. There is enough for my father to handle (8 cases in total by now).
2. Should we contact women’s commission for case #4 ? Will that be better ?
