Hello Friends,

PLEASE HELP ME!
 


My wife had me arrested on Criminal
Trespass, IPC 447, 452 & 506 Part 2. I was
released on bail after 4
days. She complained that I entered her parent's house 
(where she resides)
without her permission. As a husband, I did not need any
permission to visit
wife. When we went to local Police Station to settle
dispute, the police booked
me under above charges.


When she came to know that she is not
getting money out of the trespass case, she filed DV, a month after filing
Trespass. Her lawyers tried to extort me by asking 50L for withdrawing
trespass case. When I refused, she filed DV case and is getting Rs.28,000 per
month since June 2007.
 

That time, I realized that she has
been going to police 
station on several occasions and registering
Non-Cognizable (NC) complaints. 
She had made nearly 5 NCs over 
the period of
9 years. I had no knowledge of these NCs. The
police never told me neither she.
In fact, after few of these complaints, she 
had resided with me. 
 
Now the
Trespass Case is under trial in Magistrate's Court. 
 Her argument is that, it
constitutes a trespass as I visited her. Her proof is
about several NCs (of
which I had no knowledge). I never had any letter or
 Restraining Order or
Notice from her prior to this arrest. We are still legally 
married (though
living separately). What are my defense grounds?

 
PLEASE HELP !


Thanks in advance.

 

PWDVA Victim

@ Author,

You are a simple husband trapped by a metro wife! That is why I always tell here "ignorance of law is no excuse for a above 21 years old INDIAN METRO MALE.”

S. 441. Criminal trespass

"Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property,

Or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, is said to commit "criminal trespass".

To bring the entry for criminal trespass, it has to satisfy other ingredients of the S. 441 IPC too i.e. after a lawful entry remaining there upon property with the intention of committing an offence or to intimidate insult or annoy the person in possession of property.

See, Section of IPC starts with the words 'whoever'. It definitely covers relatives also. Once a relative has made a lawful entry and when specifically told to quit remains there, he annoys the person in possession of property and section shall apply.

Trespass simplicator may not give rise to Crime, but it must be coupled with some criminal motive. Another thing that has to be seen here is that does HUSBAND constitutes as "RELATIVE" to 'WIFE"!

To me your query is a very vague one but still you need to understand that it all depend upon situation and circumstances and if the owner of house i.e. your metro wife had issued any instruction to you (i.e. in past) and you still entered without the permission then yes its trespass otherwise it is simply a domestic status report.

I mean what are the allegations leveled against you to charge you under S. 447 IPC by your metro wife – mention that too here?

I was thinking more on mere vague allegations are not sufficient for conviction under S. 447 for criminal trespass. Ref.: Bhaskar Chattoraj v. State of West Bengal, (1991) Cr LJ 429 (SC).

Here is a mind bender; Suppose a wife locks off her husband from the house (say on some domestic quarrel or he coming late at night). Husband enters the house climbing through the balcony. Will it amount to criminal trespass and can police charge him now with S. 447 IPC upon wife’s hyper active Oestrogen!

I am not right now touching other Sections of IPC you are charged with. BTW, who is your great Advocate to show remorselessness for 4 working days to get you out on bail in such a domestic matter where no previous restraining Order was in place?

Let us see what other legal experts say to your query on "criminal trespass" to begin with.


BTW, for 28 K (that you are meeting to her wef 2007) a professional criminal side ld. Advocates services could have been availed for to bail you out from volley of charges that you are trapped into :-(

1. Tresspass is not made out unless physically entering upon the property is coupled with the intention to 

i) commit an offence;

i) Intention to insult/intimidate or annoy. 

(Intention being a mental fact has to be inferred from the circumstances) 

2. The FIR appears to me to a be an misuse of process of law. Consult a Seasoned Lawyer with a copy of FIR to see if it can be quashed. 

3. As aforesaid your legal defence was lackdaisical - Hire a pro-active lawyer can defend these proceedings. 

4. 498A/406 might be on the cards - ensure your strategy to pre-empt such case is there in order. 

Feel free to talk !

Dear Querst,

What surprises me is the way yur lawyer dealt your entire case which has been going on for oer a period of 5 years.If what you are saying is true,then you were taken for a ride,by your wife ,the police,lawyer's of both the sides. After filing cases u/s's 447, 452 & 506 .DV case will not have much of an impact.Hence my sincere request is to change the lawyer with someone well experienced.