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Kindly help me

Guest (Querist) 07 November 2017 This query is : Resolved 


Hello Sir, Please help me on the same,

1- My wife left my house(along with my both children 7+ yrs daughter and 16 months old son) on May 23rd 2017 due to some family arguments. My parents were also present that time.

2- After that my in laws and wife went to Mahila Thana ghaziabad with their complaint( I dont know what was they written in complaint)

3- After that we had three counsellings done at mahila than center.

4- At third counselling they asked me for the maintenance allowance either by Mahila thana OR by Court. I told them that I will tell them after consultation with my advocate within 2 days. But they denied for the same and instructed counselling inspector that they can not give 2 days of time. And finally told inspector to write down on paper that now they will lodge Mukadma against My arents and Me.

5- After that, file is closed and FIR was lodges with IPC 307, 498A, 506, dowry IPCs etc etc. In that FIR they mentioned that My parents and Me were killing thier daughter on May 21st. No medical was given by my in-laws against 307 hence it was nullified by investigation officer in chargsheet.

6- After that investigating officer investigated and did not found any evidence that proves 307 and removed my parents and Me from 307 and further charge sheet to next level of Family/judiciary court and now we are waiting for summons.

7- INvestigation officer told me that I can continue to meet my children . But when I went to my in laws house to meet my children then they tried to kill me almost and then I called PCR by calling 100 number. I recorded all the happenings in my mobile as a proof.

8- THen they went to police station and filed 151 against me by saying that I have done misbehave and beaten up my wife.

9- Next day I went to same police station to let them know the whole strory along with all the captured proofs but they did not heard me and put me behind the bars for 6 hours and finally challaned under 151.

10- Now I have decided to send my complain to police by speed post against my in laws deeds as I have a good proof against them.

11- My lawyer also told me to file sec 9 against my wife. Please suggest if sec 9 is applicable for my case.

12- please suggest what else I should do at above point 6 and help to locate good advocate in Ghaziabad court.

Thanks
Neeraj Singh
9818117798
Ghaziabad.
Guest (Querist) 07 November 2017
Kindly help me on the same and need expert advise.
Vijay Raj Mahajan (Expert) 07 November 2017
The treatment met to you don't deserve that you should seek restitution of conjugal right (RCR) against your wife.

The best course is to file for custody of the children and seek immediate visitation during the pendency of the main petition. This can be filled under the Guardians & Wards Act.

Next you should be prepared with the sureties as before the filling of charge sheet in the magistrate court, the Police will arrest you all the accused and produce you before the magistrate, at that time your lawyer should be ready with bail applications for all accused and sureties with their identity proves and other relevant documents about their property/vehicle or if they are government employees with their official identity cards as the case may be.

The police will not cooperate with you for any criminal charges made by you so best course is to take step through the court, once the children visitation right granted to you by the court and order against the wife and her parents not to stop or prevent your meeting your children, they will be restrained from acting funny with you or stopping you to meet your children.

Be prepared for the wife to file DV complaint against you for maintenance for herself and minor children along with the protection order and residence order against you. Your wife may even file application under 125 Cr.P.C against you for maintenance for herself and minor children.

All these cases are filled or will be filled to financially disable you and extract maximum money out.

This is a legal forum where I cannot suggest or advice any unlawful course of action against your wife or her parents/relatives and therefore I advised you accordingly.
Rajendra K Goyal (Expert) 07 November 2017
Well guided and advised by the expert Vijay Raj Mahajan.
Rajendra K Goyal (Expert) 07 November 2017
Query repeated at:

http://www.lawyersclubindia.com/experts/Advise-needed-on-lodged-fir-661251.asp
Adv. Yogen Kakade (Expert) 07 November 2017
Rightly guided by mr. Mahajan.. nothing more to add..
Dr J C Vashista (Expert) 08 November 2017
Why do you repeat the same query time and again, it is absurd, ridiculous and stupidity.
Dr J C Vashista (Expert) 08 November 2017
Why do you repeat the same query time and again, it is absurd, ridiculous and stupidity.
Dr J C Vashista (Expert) 08 November 2017
If you are dissatisfied with FREE advise of the experts on this platform you should opt for professional consultancy of a local prudent lawyer.
Guest (Querist) 08 November 2017
My apology JC Sir, however some points were uncleared that's why posted the while story again.
Now all is clear as per valuable guidance provided by experts. This helps me a lot.

This will not repeat in future.

Regards
Neeraj


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