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Pushplata Gautam   28 January 2017

My family is being torture by registered lawyer.

Dear Respected Seniors,

With respect to my seniors, please help us to get rid from the torture of registered lawyer. She is niece of my sister-in-law (Jethani). We have not any kind of family relation with her and my jethani's family. Even, my husband did not invite to my jethani’s family in my marriage. My family is living separately in different location along with my mother-in-law. My in-laws has already divided property share by sale deed in between two sons in the year 2010. Both property in different cities. Also, we have one compromise deed which is notarized and written by police officers of Pariwar Paramarsh Kendra in the year 2010. Since, there is dispute in between my jeth and jethani after two years of compromise deed. So my jethani’s niece intentionally added my husband name in two different cases. My husband is innocent and did not make any unfair thing for my jethani's family. Motive of my jethani and her niece is very clear and both wants to recover money from my family as my jethani’s husband is not earn much more.

Here is the case list/proceeding:

1. First case was registered in the year 2012 under DV Act 2005 (section 12). --It is in proceeding and she cleverly joined section 31 under this case so she can recover money from my husband and in-laws. Till now, she did not submit any proof against allegation. Just she is trying to making fool to court. In last hearing date, we have submitted both sale deed and said “both family living separately and why court is sending warrant on my address”.

2. Second case was registered in the year 2015 under act 494 (APPLICATION U/S 482) which is criminal offense. --We have already taken stay against this case from high court.

Since she has not provided any proof in court against her allegation so she has cleverly make one plan and lodge FIR against my husband and in-laws when my father-in-law is going under treatment in her territory. She has created bottle neck situation by giving her reference and one unknown media person’s reference. Resulting that, police officers did not listen anything from us and they just pressurize to sign on no compliant letter in favor of her. Even, we have tortured by her family during the treatment of father-in-law. My father-in-law did not want to take further treatment in her territory and forcefully taken discharge from hospital. Since my father-in-law has not taken complete treatment so we have admitted him to another hospital on different location on same day. But due to lots of problem, pressure and incomplete treatment, my father-in-law is passed away. My mother-in-law and my husband, both are in depression. I am not sure what to do and how to get rid from her niece’s torture. Please help us and give best so we can do best. We don’t want to interrupt her cases which is in favour her husband but it is my primarily responsibilities to save my family.



Learning

 4 Replies


(Guest)
Originally posted by : Pushplata Gautam
Dear Respected Seniors,

With respect to my seniors, please help us to get rid from the torture of registered lawyer. She is niece of my sister-in-law (Jethani). We have not any kind of family relation with her and my jethani's family. Even, my husband did not invite to my jethani’s family in my marriage. My family is living separately in different location along with my mother-in-law. My in-laws has already divided property share by sale deed in between two sons in the year 2010. Both property in different cities. Also, we have one compromise deed which is notarized and written by police officers of Pariwar Paramarsh Kendra in the year 2010. Since, there is dispute in between my jeth and jethani after two years of compromise deed. So my jethani’s niece intentionally added my husband name in two different cases. My husband is innocent and did not make any unfair thing for my jethani's family. Motive of my jethani and her niece is very clear and both wants to recover money from my family as my jethani’s husband is not earn much more.

Here is the case list/proceeding:

1. First case was registered in the year 2012 under DV Act 2005 (section 12). --It is in proceeding and she cleverly joined section 31 under this case so she can recover money from my husband and in-laws. Till now, she did not submit any proof against allegation. Just she is trying to making fool to court. In last hearing date, we have submitted both sale deed and said “both family living separately and why court is sending warrant on my address”.

2. Second case was registered in the year 2015 under act 494 (APPLICATION U/S 482) which is criminal offense. --We have already taken stay against this case from high court.

Since she has not provided any proof in court against her allegation so she has cleverly make one plan and lodge FIR against my husband and in-laws when my father-in-law is going under treatment in her territory. She has created bottle neck situation by giving her reference and one unknown media person’s reference. Resulting that, police officers did not listen anything from us and they just pressurize to sign on no compliant letter in favor of her. Even, we have tortured by her family during the treatment of father-in-law. My father-in-law did not want to take further treatment in her territory and forcefully taken discharge from hospital. Since my father-in-law has not taken complete treatment so we have admitted him to another hospital on different location on same day. But due to lots of problem, pressure and incomplete treatment, my father-in-law is passed away. My mother-in-law and my husband, both are in depression. I am not sure what to do and how to get rid from her niece’s torture. Please help us and give best so we can do best. We don’t want to interrupt her cases which is in favour her husband but it is my primarily responsibilities to save my family.

I have few questions for you which you should answer.

Do you have a advocate/counsel representing your husband in the DV case and bigamy case?

Why did 494 case come up?  What is the story behind filing 494?

Pushplata Gautam   28 January 2017

Thanks for quick response.

Yes! we have legal counsel for case #1. We have already taken stay on case#2 so we haven't hired legal counsel for case# 2. One more thing, My family, jeth and my jethani have three different lawyers. We are three different entities and they just added to my family for money only. 

She has added one lady into case under act 494 to give strength for further legal proceeding. I don't who is she. 

We just want to get rid of from Jeth and Jethani because dispute is in between not us. Please suggest what to do?


(Guest)
Originally posted by : Pushplata Gautam

Thanks for quick response.

Yes! we have legal counsel for case #1

Then you need to trust your advocate and stay put.

. We have already taken stay on case#2 so we haven't hired legal counsel for case# 2.

If you have got stay on Case 2, then how long is the stay been granted?

 

One more thing, My family, jeth and my jethani have three different lawyers. We are three different entities and they just added to my family for money only. 

She has added one lady into case under act 494 to give strength for further legal proceeding. I don't who is she. 
494 case will take lot of time to decide, say 6-7 years.  If bigamy is proved then no other option than going to jail.  7 years jail for that.


We just want to get rid of from Jeth and Jethani because dispute is in between not us. Please suggest what to do?

Any advice that you seek from any advocate or non-legal person will be of no use if you already have a counsel/advocate representing you in court of Law.  Hearing something from someone and going and telling that to your lawyer will only jeopardise the case, as no professional will agree with some other persons/advocates advice.  If you keep pressurising the present advocate, you will only irritate him or her, it may so happen that the advocate will lose interest in your case and simply while away time.  So dont seek second opinion unless your present advocate has failed in his job.

 

DV case is criminal in nature.  Non-attendance will lead to warrant issue and if not caught and produced before court, NBW will be issued, if caught  no bail until magistrate approves.  Our jails are filled with people who got caught in NBW and not getting bail.  So dont take this lightly.

best way forward is to pay money and get rid of cases that these ppl  have filed on you.

Without petitioner appearing DV case can be dragged for good 5 years, and then trial might start.  This is the present situation in our courts.  So instead of whiling away time, settle matter amicably.

You can take my number and take further advice from me if you may wish so.

Time and tide wait for none.  Solve matter ASAP.

Visit my profile page 

https://www.lawyersclubindia.com/profile.asp?member_id=84464

Pushplata Gautam   28 January 2017

Dear Sir,

Thank you very much for providing suggestion.

No doubt, I have trust on my advocate and this is third one as a legal counsel. First two lawyers did not take any interest due my jethani's niece. As far as money concern, we will not give single coin to her because we are not an offender. Yes! She has legal rights on her husband so we can do anything for him as per Indian law. NBW is issued for her husband not for us. Case#2 - Hon'ble high court has given decision under stay “no coercive steps shall be taken against my family however case shall proceed against her husband. I would like to request you please suggest where I can lodge complaint against niece who creates this pathetic situation just because her ego. As I am second year laws student so I am trying to find something better for my family. Especially for my jethani's niece because she has created lots of unwanted situation. I believe Bar counsel is the best place for her. As you are my seniors so please suggest what is the best for us?       


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