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swaraj   12 June 2012 at 19:02

Dowry case

Respected sir
I want your help on false dowry case
my brother is living abroad on permanent residence
my brother to marry in 2007 amd my bhabhi living with her parents .
my bhabhi's attention only go to abroad and my brother want to settled in india,
but she comple to not settled in india. when my brother not agree she filed a complaont in police

station against me my sisten (australian citizen) for 498a 406 after attend all iquiries my

brother left abroad.after one week police registered fir containg 498a 406 against my brother and

father (and my sister and me spared).after that my father get anticipatory bail and the judge ask

for compromise but my bhabhi's parents not agreed and demanded 16 lakh which is marriage

cost.after that the judge tell the police to get dowry items from us on that order the police got

the items from our house which is only girl's clothes ,kitchen items .after that the judge granted

regular bail to my father.
now the situation is:
no chargesheet is filed yet
my bhabhi filed four cases
1.divorce on basis of domestic violance
2.domestic violence against my father and brother
3.maintanance case of 1.50 lac per month
my question is follow
1.is there is way to quash the fir
2.what advice for my brother who is in abroad
3.my brother go abroad before fir registration ,is it valid fir or not.
3.is my sister or me filed a defamation case against my bhabhi because we spared in police

verification
please hepl me thanks

Manish Jha   12 June 2012 at 17:48

Problem creating from wife and her family from past 6 years

Hi,

I am 9 years married having 2 kids 8 yrs and 4 yrs.

My wife is of abusive and angry nature and such poisionous nature that after the marriage wanted to spoil my house and family.

She never wanted to live with my parents. Anyway she was staying with me in bangalore and after sometime started quarelling, figting due to this i had lost lot many high presurred it jobs. One day her parents and brother came in 2006 to my house and fought and compained dowry charges broken particulars and went from bangalore to Bihar.
After sometime her father putted her to my parents house in patna and made their life miserable as it became thretening spot for legal, police etc.
As my parents were peace loving tried to adjust but my mother became sick and the house situation made by her so dangerous that her medication couldn't went in peace manner and accidently she died with some other disease which she was not having just in 49 yrs of age.
After my mother's death she chrged on my father for sexual harassment to neighbours, family and surrounding to make him upset and not stay with her, me and my kids.

Now again after 3 yrs she had started same manner behaving which she was doing while her family came and fought with me in bangalore and charged false dowry.

She is abusing my father, brother , her wife and telling will kill her. even she is abusing my died mother.

Kindly suggest the solution as i am in bangalore and very much upset for what step i should do.

Regards,
Manish

ashok verma   12 June 2012 at 14:58

Disowing an adult unmarried daughter

Suggestion needed on possible legal remedies! The daughter is torturing, pressuring while being at home so that parents give her 10 lakh rupees amount and leave. She never listens to parents, talk to multiple guys late night, will go and come as per her convenience and do torturous thing at home for all family members. When her brother tried to stop her once, she called police saying that brother tried to killed him. There is no denying that she might arrange some goons to get beaten and then blame it on brother to get arrested. She has failed in class 12th 8 times and is a complete failure and criminal. The parents are completely helpless once the brother leave for job as they will be left with a younger daughter in class 8th and this girl. So they want to have some legal full proof solution as soon as possible.

Can they disown her from every property so that they may threaten her to be in line by showing that she has no right and she is living on their mercy at this home. By disowing, she cannot also call police to claim how her parents are torturing her from her righteous claims. Also after disowing if she does any material damage to house, she can be dealt more strictly. Even though father self earned property is almost zero, whole of grand father property has the name of their sons only i.e. four brothers and none of the grand childrens. Please suggest the best possible legal remedy. She has to be dealt legally as she has crossed all limits and is seeing her parents only as cash cow.

Urvashi   12 June 2012 at 13:25

Regarding remmariage

Sir,I m a lady living in dehradun. I have been divorced last 6 months before. I am in relationship with a person from the last 3 years & we are in a healthy relation of Husband & wife. He's also married & have 2 children's & im having 1 daughter. Now i have taken divorce from my previous husband. But his wife is not giving her divorce. She know about our relationship very well. Firstly she was ready to give divorce & they both have notary the document of divorce. But then suddenly when she came to know that i m also taking divorce then she totally refused to take divorce. They both are in not any kind of relationship(physical) since last 3 years. he's fulfilling all his duties towards her & children's. Now the main problem is this that their son is in 12th standard. We don't want 2 spoil his future because of us that is why we were waiting for this year to pass on so that he can file divorce against her after his exams.But nower days she's creating so many problems for us she has hacked my email id & had have copied my all chats with him & also our photographs. Firstly we have decided to do marriage in January but we thought its not legal so on 24th Jan, 2012 we went to temple to do puja & take sankalp. & there we had taken some photographs in which m having sindoor. Nw after hacking my email id of gmail, she had hacked my facebook account too & posted Vulger things on dat. Now she is blackmailing to him dat she has proof of our marriage that is the photo & our chats too.
1. I wanted to know that can she file any against him.
2. Bigamy
Kindly suggest what should we do now. Because she's a very cruel & mad lady. Nobody in his home talks to her, no relatives, in laws no body. she's a teacher.

Info Seeker   12 June 2012 at 11:40

Does cancelling wife visa without her consent amount to cruelty ?

I would like to know does it amount to cruelty if i cancel wifes VISA and request her to go to india

SRIDHAR B   12 June 2012 at 07:55

My wife commited sucide after 22 days in her father's home

Dear Sir,

My wife went to her father's home on Feb 6th 2012 because her personal problem, and commited sucide on 28th Feb 2012 in father's home. Almost after 22 days she commited sucide. Her father filed 498A, 306, 406 and 3and4 DP act.

Her Father and Mother and family members tortured her because of that only she commited sucide but we dont have proofs.

But she wrote a sucide letter before hanging that is against me. Because of me only she committed sucide which was wrong.

Could you please tell me, If she committed sucide after 22 Days (not in my home, in her Father's home)will it impact on case at our side. 22 days She never called me. I never called her. even my family also not called her. No intaractions among us also.

I heard, if she went her and committed sucide immidiately (in 2-3 days) in her home then only it will impact on us. But after 22 days it means there would be other causes of her death. But no proofs.

Is there any JUDGEMENTs related to this.

Regards
Anil

rsraghukumar   11 June 2012 at 21:51

Divorce

sir
Generally to prove a marriage in the court, eyewitnesses are compulsory to call as witness in the court?

Then in love marriges, generally bride and groom will marry in the absence of both side elders,friends etc in a temple. in such a case how to prove this type of marriages in the court if the following are not there with husband or wife before filing divorce petition:
a) eye witness to their marriage is not there as it is love marrige
b)temple receipt is not there
c)photos and negatives are there, but i came to know that the evidence of photographer is necessary to call as witness in the court. then if the photographer's shop address is changed or closed his shop how can court can call him as evidence
d)priest who performed their marriage is no more.
in such a case how court will come to conclusion if direct or eyewitnesses are not there.

is there any rule in hindu marriage act that eyewitnesses are compulsory to a marriage in the court.





rsraghukumar   11 June 2012 at 21:22

Eye witness

sir please clarify the following few lines relating to establishment of marriage. i got these lines from SC judgment:
"When the fact of celebration of marriage is established it will be presumed in the absence of evidence to the contrary that all the rites and ceremonies to constitute a valid marriage have been gone through."

sir my doubts from the above lines are:
a)Sir what is the meaning of "absence of evidence" .(it means eye witness or dircet witness or documentary evidence or any other thing it conveys sir. i am unable to understand the meaning)
b)what exactly means establishment of marriage.
please sir awaiting for the reply.
With regards:
Victim after this marriage.

mk kumar   11 June 2012 at 17:11

Share of wife in paternal property of husband after divorce

my brother is filling for divorce, he is not having his own property, my parents are alive and they have their property. please tell me after divorce, my sister-in-law have any right for share in husbands parental property?

Member (Account Deleted)   11 June 2012 at 16:22

Husband and mil rejecting wife..?

RESPECTED SIR, My brother-in-law (not real)was married in 2004,they leaved her in 2006, till now she is at her brothers home. she dont have parents and all those legal fundamentals, even she and her brother dont have money to spent on this, her brother tried through elders to settle all well but nothing happened well,they abused all those who visited.

The girl is innocent and hard working(i have seen)and of cool nature, obedient, sincerely dedicated type and god blieving.

Her husband is studying in MALLB etc trying for RJS,and also having a different type of behaviour, he is saying that he dont want her,he is always reading like HANUMAN CHALISA, RAM CHARITA MANA, always. strictly dedicated in god hanuman.(he is interferring in my family issue and exciting my MIL,)

MIL(greedy and real sister of my MIL) and FIL(drinker and abusive by nature) is saying that our son is like a judge so she dont deserve to be his wife as she is not educated.they even not allowed her to sleep with him.they beaten her and made to leave the house.
Till now nothing has hapenned legaly.i know they will not accept her at all.she is poor and all hav sympathy only (not helped her) sir plz advice what to do(have 5 year separation now)...now..i want to do something for her.?