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A case of ipc 420

(Querist) 12 December 2013 This query is : Resolved 
Dear sir/madam
My sis was married for the sec time with a divorcee from Australia as per Hindu marriage and subsequently at a court. My sis was pregnant and subjected to verbal and physical abuse. A case was filed in Australia and my bro in law was charged with AVO (aprehended violence order) and is under a period of observation for one year.
My sis in law's in meanwhile have filed a case in India against my parents on 420 based on the following allegations:-
(a) Disclosing wrong DOB of my sis.
(b) Disclosing wrong period of first marriage.
(c) accused my parents of asking money for settling the case.


(a) Is this not a case of malifide intent?
(b) How do we go ahead with this case?
(c) Can my parents be subjected to judicial custody on the ibid charges?
(d) Since the marriage was registered at Uttranchal and FIR at UP , the place of jurisdiction?
(e) can my parents seek anticipatory bail and subsequent stay? And How?
(f) and How can I get my parents out the Mess, they are old people and certainly did not want either this on themselselves or their daughter
V R SHROFF (Expert) 12 December 2013
Defending the cri case is the only solution.
no alternatives.
yes u can get AB
nishant (Querist) 12 December 2013
we were told that both Uttrakhand and UP do not have a provision of anticipatory bail
Devajyoti Barman (Expert) 13 December 2013
Yes and that is why you have to apply for quashing where stay on arrest would be given.
Nadeem Qureshi (Expert) 13 December 2013
file a quashing petition before hc and get arresting stay. collect the evidence in yout favour and fight the case on merit.
R.K Nanda (Expert) 13 December 2013
nothing more to add.
Rajendra K Goyal (Expert) 13 December 2013
Well advised by the experts.
ajay sethi (Expert) 13 December 2013
where is husband ? is he in australia ? is she australian citizen ? file for divorce in australia . her husband will settle all cases in india too filed through sister in law . basically a counter attack by husband
T. Kalaiselvan, Advocate (Expert) 13 December 2013
You can get the case/FIR quashed easily because the 420 complaint has been by irrelevant person (i.e. sis in law)and not her husband, further more, the referred matter are not essential materials to marriage that they claim to have manipulated/or given incorrect details, thus it is better to file a quash petition along with a petition to not to arrest.
Raj Kumar Makkad (Expert) 13 December 2013
I have also the same opinion as expressed above.

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