Girl ran away with her bf and case was filed against them

Sir, 

 

I beleive her case will not be maintainable as being an afterthough and moreover she has not to the court with clean hands ... Rest Kindly take the copy of her complaint and see what allegations she has made in her complaint. 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450,9911218741

Sir ,

We went to police station and came to know she has filed 498A case. My question whether she is eligible to file 498A case on our entire family.... today we will get copy of allegations she has kept on us.. She ran aw whay with her bf ( bigamy was filed on him by his lover).. With that Chargesheet which was filed on her bf in which her name was also mentioned .. can we able to file some cases on her ... please give your valuable suggestions on guidence so that we can fight this case in right manner...

 

Thanks

prasad

hi sir.. we have charge sheet copy of her bf where biagamy was filed on him and other cases was filed by his gf ( ex gf )  with that copy of charge sheet can we can file any cases on my brother wife..please advice 

 

Thanks

Prasad

You have filed the divorce case. Her running away will help you get bail in case she goes all out against you guys. No need to file any other case, divorce.

Your brother can file a case against the boy friend of his wife for adultery under IPC-497. The offence is punishable with imprisonment. But your brother's wife cannot be punished under IPC-497

Police cannot restrained or refrained any wife from giving complaint under Domestic Violence or under cruelty. but, their investigation should help you to show that your brother and your family has not committed any offence as alleged by wife of your brother. further, by any reason if police files chargsheet against your brother and your family. if proper cross-examination by your advocate of the wife of your brother is done, there is no chance at all that your family will be convicted.

At leasr in order to counter any action by her, let your brother file a complaint against the boy friend under IPC - 497.  IPC-498A and DVA are not as harsh as they were some years back. Though IPC-498A is a central act, States have powers to modify it as the subject comes under the concurrent list. Some States like Andhra Pradesh have limited the powers of the Police.

Very recently SC has diluted the police powers in case of 498A and DV act false type cases. Only in case there is substantial physical injury or death, the arrest can be made, otherwise arrest power is alsmost gone. Bigamy on that boy Santish seems improper, just wait for sometime.

Sirs,that girl forcibly entered in our house by breaking lock when we were not there in our house and not leaving our house and saying that it's matrimonial house and she will not go from here..even police is not helping us they are also saying it's her matrimonial house..she has kept case on my father that he came to beat her ..and police had registered that case with out any evidence..please lawyer guide us how to proceed now... thanks