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suresh (finops analyst)     19 June 2015

306,498a dp and dv

Hello experts,

Please advise me on this,

my wife filed a 306 blaming my family that we are responsible for her father suicide 6 months ago.

After 3 days she filed 498a dp on my family again. my family(me, my father and my unmarried brother). after 4 months she filed DV on 3 of us.

i went to jail for 23 days and chargesheet not yet submitted. police showing my father and brother as abscanding.

now i am very much ready to fight against these false. my question is can i file a 306 on their family after filing chargesheet.

how can i save my family. asking police person for clearnce certificates to get relife from these case.is there any chance to her to file again cases on my father and brother, she is demanding around 50lakhs its imposibble and im nowhere interested to pay her. im innocent.



Learning

 4 Replies

saravanan s (legal advisor)     19 June 2015

dont file any case over her now.that would be considered as a retaliatory action and would not serve the purpose you wanted.better wait till you prove those cases as false and then file a case of divorce on grounds of cruelty.from then on you show her who you are friend

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     19 June 2015

First of all, talk clearly and co-operate with the IO for proper investigation. The final CS should be in your favor.

 

This is your first priority.

 

Once the final CS is in your favor your 90% problem will be resolved. File Speedy Trial in HC.

 

File Perjury as a counter case after final CS and speedy trial order. 

 

Please read each of my posts carefully in the following links for sample petitions and other necessary clues.

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

 

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

suresh (finops analyst)     19 June 2015

thank you sir.

What about my family how they get relief from these case. Unmarried brother invovled.if they are safe. alone i can fight till end.

what is the best way..

Applying for police clearence certificate or surrounder infront of court and filing a quash.

 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     19 June 2015

Let the final CS should be in your favor. Once it is done then file quashing with speedy trial.

 

Communicate properly with the IO with the evidences that you have to prove your innocence without fear.

 

Since quashing is not easy, there should be always a 2nd prayer of speedy trial to dispose of the matter expediently in the same petition.


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