Sir, need help on 307 and 498a fir


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. We are checking the same regularly by visiting court.

 

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. PCR came and setteled the matter and then I left got my office for night shift.

 

8- My in laws went to police station at the same night 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. Further I tried to visit police station but they did not registered my complaint.

 

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. Please advise on the same if this works OR should I go for court case by hiring advocate ? Asking this becaused if I go via court case then there will be 2 parallel running cases(one for point number 7 and another for point 6) I am also thinkng to file children custody under Gardian and Ward act so that I continue to meet with my children untill final verdict comes. Please also advise if I can file divorce case against my wife and at what time ? considering the point number 6.

 

11- We did not want to file petition u/s 9 of HMA as I did not want my wife to come back again and join my family because my wife along with her parents are misbehaving at full extent and after that they misuse law to gain benifit. My wife do not want to live with my parents and also do not want my parents to come to meet me and children. We can not live with this horrible condition. They are doing this kind of behaviour from past 10 years since we marrried.

 

Please advise on point number 10.

Thanks

Neeraj Singh

9818117798 Ghaziabad.

 
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Please advise on point number 10.

 
 
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Already replied.

 
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practicing lawyer

You can file an divorce petition and in divorce petition you can also move an  application for custody of children.

as your wife had filed criminal case agaist you and your parents, it amount to cruelty and the same will be granted by the court in such circumstances.

Regards

Jaspal S Maini(Adv)

9999987283  

 
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