Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Yoonuse (a)     05 May 2011

Private Complaint ( Section 190,200) in JFM

 

Dear LEGAL EXPERTS / Good friend ....

Please advise on the below :

  • My Marriage was on 21st august 2008. as per the muslim rights and customs
  • Am physically handicapped person with engineering degree holder, currently working in Abroad. This proposal was moved and fixed on 07th August 2008 at my residence with the full faith in the words and supporting documents like B.Tech degree, experience certificate, photo, CV profile produced by her parents , her maternal uncles.  By trusting the words and the documents they produced we have fixed the proposal.
  • But they have deliberately cheated me by suppressing the true facts.
  • 1.      Girl already married with another man but they has deliberately suppressed the first marriage from me with a common intention of cheating me, my parents and relatives. Also in application for the registration of marriage before Government of Kerala in respective column for the Previous Marital Status it is declared as spinster instead of divorcee
  •  
  • 2.      Also she, her parents, maternal uncles, sister, relatives transpire to me that she is a B.Tech degree holder and on believing there words I get married with her. The Marriage photo published by her parents and her maternal uncles on the date of marriage in Daily Newspaper it is also seen that along with her name “B.Tech” degree is incorporated and also the in the applications filed for marriage .But true fact is that she has not passed the B.Tech degree before or on the time of marriage. When I came to know the same and intimated all these to her father , her father and she has showed a false and forged B.Tech degree certificate in the name of girl and fraudulently make belief on me that she is a B.Tech degree holder. On that aspect also they all cheated me. Her father was the employee in Printing press.
  • 3.      Meanwhile I shell shockingly understood that she is a mental patient prior to marriage and she was in regular treatment for her mental illness. When I was working in abroad she stayed most of the days in her parental home and on my limited visit she is seemed as normal it is because of the using of medicine with her maternal uncle is a pharmacist having own medical shop very secretly treated. Her mental illness was witnessed when she and 8 months old was traveling through International Airport to Abroad .But due to her mental illness and arrogant behavior and commotion in the airport and aircraft the Airport Authority confirmed she is unfit to travel. Due to her mental disorder the flight was delayed and she was deported, Emigration Wing in airport by collecting her contact details and informed this matter to her parents, by knowing this her parents & her maternal uncles came and made some arrangements with the airport authorities and pushed her to travel with child on other flight.        
  • 4.      After she came to abroad we started married life here in a flat. There she was continuously did cruelty to me , my kid by ruing filthy languages and without any rhyme reason picked up quarrels with neighbors, taunting me on my physical in capabilities and threatening to commit suicide.  While am in the working place she threatened to kill the flat mates family with knife and thrown stone in to the car in parking area and police interfered and police officials admitted her to the mental hospital at abroad and her mental illness was diagnosed and she was treated and taken back to india.
  • 5.      Later we traced out all there fraud activities. Owing to her mental illness she is always cruel to me and my kid, she cannot do the duties of a wife. My child is not safe in her hand. Her Metal disorder frequently happens and her maternal uncle pharmacist come and injects and treats secretly without my knowledge.
  • 6.      Also she has collected back all the movables of her without my permission from the matrimonial home and left the matrimonial home.
  • 7.      Without my permission she opened locker and stolen all valuable items from bank, where I have given authority to open when she was good term.
  • 8.      She, her parents and her maternal uncles threatened me over the phone and not allowed me to sleep in the night time.
  • 9.      Currently my son under custody of her father and her uncles house, she was forcefully separated with kid; they are bargaining with kid & threatening to kill my son. Saying that my son is toys for their kid.
  • 10.  All the above offence are done at my home town
  • 11.  Girls party already misused 498a in advance, investigation closed , charge submitted in court near to her home town. We all are in HC bail.
  • 12.  Total 6 persons included in this Offence.
  •  
  •  Now as per my advocate advice he requested to my parents to file the private complaint in court with section 190,200. I will be the one of the witness to this complaint.

 

  • Proposed sections are: 420,468,495,496, 120B, 379, 506(ii), 465, 471, 34. ( IPC )

My Questions are:

  1.    If my parents submit the complaint in JFM with section 190,200 how the court treat it. How strong the complaint will be , how the police investigate. What is the benefit of 190,200 Sections?
  2.    If we submit all the evidence papers along with the complaint to court, is it advisable , how good it will be.
  3.    How long it takes JFM to forward to police to investigate.
  4.    Is it must I have to go for investigation in India.
  5.     Will all the above IPC will be accepted by JFM in Private complaint.
  6.     Will they get bail.
  7.    How can I demand / deal with opposite party in this complaint.

Please advice me as soon as possible, Thanks for you all in advance. Expecting your feedback



Learning

 5 Replies

Arup (UNEMPLOYED)     05 May 2011

whether your marriage held under shariat(mohamedan act) or not?

Yoonuse (a)     05 May 2011

Dear Arup sir,

Marriage is done as per shariat(mohamedan act) .

Yoonuse (a)     05 May 2011

Dear Legal Experts .. Please Advise on my case... Thanking you in advance

Sarvesh Kumar Sharma Advocate (Advocacy)     10 May 2011

  1.    If my parents submit the complaint in JFM with section 190,200 how the court treat it. How strong the complaint will be , how the police investigate. What is the benefit of 190,200 Sections?

complaint case is a proceding(good one) ,if the ingredients of the case is strong then offcourse the case will strong!

police investigation is not requir!

Sarvesh Kumar Sharma Advocate (Advocacy)     10 May 2011

  1.    If we submit all the evidence papers along with the complaint to court, is it advisable , how good it will be.

i will not suggest you to open all cards in first round!

just file some  documents to dmit the case and file all for prove the  case !!


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register