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R.K. SHARMA (executive)     29 June 2014

Threaten by 498a/323/506/511 etc

Dear Sir/Madam,

my name is R.K. Sharma belong to Delhi, working in private company as executive.

i was married in 2004 and have two boy.

my father has arranged my marriage in kanpur with lower class family with a thinking that gird would respect to us understand the family relation and ethics.

her father is a RMP without having any degree and practicing in outer small village area at kanpur.
he has six childrens three girls and three boy.

In marriage, her father neither respect to our relatives nor make any proper arrangement for food etc. he said that he is poor so he can not do the best.

after the marriage her father has tried to get some financial help from our parents. after denying by our parents and by me,

in 2008 , he make a false story that his son is injured in an accident ,so my wife should go there to see him, when my father and brother had gone there with my wife with two children for visit , after two days when my father gone there to take my wife come back, her father has started to quarreling with my parents and my brother and started abusive language and called the police and tell to police that my parents and my brother have attacked him in his house and makes many other alligations. police had taken both parties to stationa and after some hours they compromise with both parties and sent them to back home. 

after then her father has file a case u/s 125 in family court in kanpur, but it not comes to our notice and our parents gone there time to time to take my wife back, but he didn't her back and did not tell us about this case. after one years summons served at my home town. then we filled RCR, she filled s 24 HMA . 

in the RCR case in 2009, after councelling by JUDGE, my wife came back with me, after six month , returning from the hearing in RCR case, her father has provoked her doughter and filled the 498a /323/506 etc against me and my parents. police came to my home town and investigate the matter with neighbour , but police could not find any witness against us, police go back with out any arrest, but police filled the FIR. 

when her father seen that police has neither arrested me nor my parents, next day he has stared to contact to my advocate to make the compromise again, because my children were involved , we have decided to take back my wife, she has then filled the written compromise/Affidavit at stamp paper before the S.O stating that due to some misunderstanding she had filled the FIR, also state that me and our family has never threaten her for any dowry, 

she returned back with me and living with me, but since last six month , her behaviour has changed again, she wants to go to her home town to see her father,

she is also saying that if i don't  let her go to her father,s he will speak to her lawyer .  now i very depress that her father may cook any other story to suffer our family. 

sir-------i wish to know that can she file 498a or other cases again, Her father generally threat me that he will file another case against  me.  He is very rude and arrogant person,

i have retain the copies of FIR and affidavit filled by her.

please guide me that what can i  do and what is the relief for me,

i also with to have an experienced lawyer with deep knowledge.

please suggest.

 

R.K. SHARMA 

 

 



Learning

 4 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     30 June 2014

Your case is RESJUDICATA. We have often seen lawyers arguing in courts that the suit is struck by the principle of 'res judicata'. If this plea is accepted by the Bench, in principle, the case in question is rejected right at the stage of admission itself. 


According to the dictionary meaning, 'res judicata' means a case or suit involving a particular issue between two or more parties already decided by a court. Thereafter, if either of the parties approaches the same court for the adjudication of the same issue, the suit will be struck by the law of 'res judicata'.So do not worry. Even if she files you can answer with resjudicata. Live happily with your wife. Do not go on imagination.

Biswanath Roy (Advocate)     30 June 2014

Once your wife withdrew her complaints and her allegations under different criminal sections and admitted her fault for the same subsequent  complaint of same and identical nature cannot be filed by your wife.again. If she goes to court she will be unsuccessful. So nothing to be worried for.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     02 July 2014

I request you to go through all of my posts on the following links: -

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg


https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg


https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

T. Kalaiselvan, Advocate (Advocate)     03 July 2014

I may have to disagree with learned advocate Mr. Ramachary abut his views regarding Res-judicata being referred here.   The querist's query is very clear that she lodged a complaint before the police under the referred sections which was later withdrawn by her, so, in the first place the case was not referred to court, secondly even if it was referred to court, it was a criminal complaint where the doctrine of  res-judicata does not applies. Now what the querist wants to ask is that whether after rejoining and living for six months together with him and goes back to her father's house, will she be eligible to lodge a complaint u/s 498a, yes, she can very well lodge a complaint and it will be maintainable, who knows that during the latest reunion period, the act of cruelty may have revived by the husband so as an aggrieved party she may very well initiate legal action through police for relief and remedy. It is advised that querist may consult his lawyer and think about bringing a permanent solution to the continuously  burning issue.


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