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ipc 124a (Criminal Law)

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This query is : Resolved


Author : D G Raghunath

Posted On 12 January 2017 at 02:17



A person has 498a, Domestic Violence, Divorce and CRPC 125 Maintenance cases.

In 498a case he has got bail with 3 conditions but he approached the Session court to remove all the 3 conditions. But,Honable sessions court removed only one condition.

In the Bail Petition which he applied for Sessions court to remove the conditions imposed on him, he mentioned the following..

1) para no 3. My wife had younger brother and two sisters, unfortunately according to her they are not as competent as she is. It is in the said background the marriage of the one her sister was solemnized elsewhere while reception held in Bangalore.

She visited India with an understanding that immediately after marriage she would return, the tickets is clear evidence of the same.

2) Para NO 4. When things stood thus all of a sudden she asked me to wind up my stay in United States of America and return to India so that I can help her to run their educational institution which is one of her family business in her native place.

I was shocked because my wife had desired a spouse from United States of America after marriage she promised to settled down in United States of America. I had shared with her how corruption in India had made me suffer while my stay in United States of America for more than 8 years not only rewarded me with better prospects but also gave me good respect, standing and good will.

3) Para No 5. I declined to return to India, although I am a great patriot. I was called upon to assist her, in running an educational institution, which is presumably a nonprofit organization, yet they earn huge profit by process of manipulation, in this background I refused to assist to such an illegal course for it was against my principal.

Questions Are.

1)He has made false allegations on Brother and Sisters of the girl. Based on these allegations can Defamation case be filed by the siblings/parents of the girl against him?

2)In Para No 4. He has stated that "How corruption in India had made me suffer" . He is a Traitor(a person who is not loyal or stops being loyal to their own country).Though he received Education, Degree, Food and shelter since his birth in India he has mentioned like this about our country. Can we file any case against him?

3) In Para no 5. He has made false allegations that "educational institution, which is presumably a nonprofit organization, yet they earn huge profit by process of manipulation". Can Board Members of Educational Institution file defamation case against him?

4) I would like to know about the opinion on Jurisdiction for all the 3 cases.
A) Weather I have to file the case in the same court where he applied for Bail? or Weather I can file a case in my home town/ other place taking the certified copies of petition and order copy?
B)In case of Que 2 weather I can file case any whereever in India since he mentioned about India?

Kindly guide me.




 

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Expert : P. Venu

Posted On 12 January 2017 at 09:40



The query lacks clarity. Please post simple facts devoid of your subjective opinions.



Expert : Rajendra K Goyal

Posted On 12 January 2017 at 20:25



Please discuss in detail with local lawyer.



Author : D G Raghunath

Posted On 13 January 2017 at 22:20



A person has 498a, Domestic Violence, Divorce and CRPC 125 Maintenance cases.

In 498a case he has got bail with 3 conditions but he approached the Session court to remove all the 3 conditions. But,Honable sessions court removed only one condition.

In the Bail Petition which he applied for Sessions court to remove the conditions imposed on him, he mentioned the following..

1) para no 3. My wife had younger brother and two sisters, unfortunately according to her they are not as competent as she is. It is in the said background the marriage of the one her sister was solemnized elsewhere while reception held in Bangalore.

She visited India with an understanding that immediately after marriage she would return, the tickets is clear evidence of the same.

2) Para NO 4. When things stood thus all of a sudden she asked me to wind up my stay in United States of America and return to India so that I can help her to run their educational institution which is one of her family business in her native place.

I was shocked because my wife had desired a spouse from United States of America after marriage she promised to settled down in United States of America. I had shared with her how corruption in India had made me suffer while my stay in United States of America for more than 8 years not only rewarded me with better prospects but also gave me good respect, standing and good will.

3) Para No 5. I declined to return to India, although I am a great patriot. I was called upon to assist her, in running an educational institution, which is presumably a nonprofit organization, yet they earn huge profit by process of manipulation, in this background I refused to assist to such an illegal course for it was against my principal.

Questions Are.

1)He has made false allegations on Brother and Sisters of the girl. Based on these allegations can Defamation case be filed by the siblings/parents of the girl against him?

2)In Para No 4. He has stated that "How corruption in India had made me suffer" . He is a Traitor(a person who is not loyal or stops being loyal to their own country).Though he received Education, Degree, Food and shelter since his birth in India he has mentioned like this about our country. Can we file any case against him?

3) In Para no 5. He has made false allegations that "educational institution, which is presumably a nonprofit organization, yet they earn huge profit by process of manipulation". Can Board Members of Educational Institution file defamation case against him?

4) I would like to know about the opinion on Jurisdiction for all the 3 cases.
A) Weather I have to file the case in the same court where he applied for Bail? or Weather I can file a case in my home town/ other place taking the certified copies of petition and order copy?
B)In case of Que 2 weather I can file case any whereever in India since he mentioned about India?

Kindly guide me.





Expert : adv.bharat @ PUNE

Posted On 15 January 2017 at 19:41



Author need to put precise fact of case to know solution for it.


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