Clarification


One married lady (X) (Distant relation of us) having a 7 yr old son is now applied for divorce. She (X) is now staying with my brother (Y) who is younger than her (X) and she (Y) has told him (Y) that she is loving him only and changed his mind. Since we opposed from our family side, he is not talking to us and he is being used by her for money. My brother and her are staying together without marrying since her divorce case is in court. One day, once she came for court to attend a case which was filed by us against her (X) and her husband for being cheating my brother, there was a quarrel in the court complex between her and our family. My brother had also come on that day with her to court. The quarrel ends in a fighting and police came. There were cases filed against her by us and against my mother and my aunt by her (X). The details of the cases against the both are given below:

Cases Against that lady (X) : Under sections 506/1, 294B

Cases against my mother and aunt: Under sections 294B, 323, 354, 355

 

My advocate is telling that to leave this case since if we proceed with the case all the three will get punishment. We want her to be  punished and sent to jail so that my brother (Y) will come to our home or think about us. Since she (X) is not leaving him (Y) to speak with us, we are unable to tell the truth that she (X) is cheating him (Y) with the help of her husband for money. Kindly go through the sections and advice us on this. We want to get her (X) punished and to seperate X and Y. 

 

 
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Dy Director

In such cases it generally happen that unable to control you family member , people tend to assault others. From your own descripttion only following facts can be gathered:- 1. One lady is seeking divorce from her husband 2. She has entered in live-in relation with your brother 3. The elation is with brother’s consent. 4. Her husband has filed divorce on this ground. (a valid one) It is further apparent that :- 5. your family is not a party to divorce 6. but your female members went to the court 7. the went to court to quarrel with that lady 8. they went there with pre-medidated mind to quarrel with her. 9. They chose no other time and place to quarrel. 10. They have been charged with congniable offence alongiwth the lady. An unbiased person will believe that the balance of convenience is with the lady who you call (X), as far as this fight is concerned. If her version is available there may be some mitigating circumstances in her favour and a good lawyer may get her out. But your learned counsel with best of his wisdom has advised that your mother and aunt can go to jail. I have reasons to agree with him. Their mere presence (as per facts so far narrated by you ) was unwarranted and criminally motivated. You are willing to take the risk of them being in Jail just to gamble out if she (X) may (or may not) be jailed. It is better you yourself read these section if you can like ladies of you house to be convicted :- [294. Obscene acts and songs.—Whoever, to the annoyance of others— (a) does any obscene act in any public place, or (b) sings, recites or utters any obscene song, ballad or words, in or near any public place, shall be punished with imprisonment of either descripttion for a term which may extend to three months, or with fine, or with both.] CLASSIFICATION OF OFFENCE Punishment—Imprisonment for 3 months, or fine, or both—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable. S/ 323 Whoever, except in the case provided for by section 334,voluntarily causes hurt, shall be punished with imprisonment of either descripttion for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both. CLASSIFICATION OF OFFENCE Punishment—Imprisonment for 1 year, or fine of 1,000 rupees, or both—Non-cognizable—Bailable—Triable by any Magistrate—Compounded by the person to whom the hurt is caused. S/ 354 Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with impris¬onment of either descripttion for a term which may extend to two years, or with fine, or with both. CLASSIFICATION OF OFFENCE Punishment—Imprisonment for 2 years, or fine, or both—Cogniza¬ble—Bailable—Triable by any Magistrate—Non-compoundable. S/ 355 Whoever assaults or uses criminal force to any person, intending thereby to dishonour that person, otherwise than on grave and sudden provocation given by that person, shall be punished with imprisonment for a term which may extend to two years, or with fine, or with both. CLASSIFICATION OF OFFENCE Punishment—Imprisonment for 2 years, or fine, or both—Non-Cognizable—Bailable—Triable by any Magistrate—Compounded by the person assaulted or to whom criminal force is used. These are probably the charges registered by the Police. If full facts are known to the advocate of the lady (X) some more charges may be there.
 
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