swaraj
12 June 2012 at 19:02
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
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
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
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
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
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
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
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
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?
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Please advice urgent
I was married 2009 Jan and after 6 months a lot of problem coming in marriage and a lot day to day issues and many misunderstanding me and my wife and we both not trust each other.
My wife advocate and she got married in 1998 of that wedlock she has a son who is with her and is 13yrs old now. She got divorced in the ys 2005.Son stays with her parents. and before marriage she told me that they will treat her son like a brother not more than that all responsibility handle by her parents and they will adopt him. But nothing happen as she said before marriage.
In 2009 she got married to me and i am kidney transplant patient. My transplant done in may 2004.
Last 3.5 year she only stays my home only 5-6 month even not regularly. Even not 15 days she stay our home regularly. Always fight for small reasons and go back her home then i will go and try to convince her and she will be back some time after a month or sometime after 6-7 months.
Now, we not together from last 7 months and all relative try to settled the things but she not ready and ask need divorced and told need Rs.10 lac for giving me divorced. She told us i am advocate no other advocate save you and I will spoil your life. But relative come together and she is ready for Rs.3 lac.
Now all paper has done for divorced and we have given for her sign.
My query:
1. Now she told us e-mail me this documents. So please let us know can we e-mail to her is there any issue or not. Cos she always plan the things. And when we already given all paper she is advocate they know everything why she need paper on e-mail. She also scan the paper and e-mail herself.
2. She want to add in my paper, her son from the previous husband. Now I already mentioned from our Mary we don’t have any child then why she want to add this in my paper. Even her pervious divorced paper mentioned everything. They why she wants to add. Her son is 13 yr now and our Mary period is 3 year.
She has any plan or any problem to me if i do both the thing.
Please advice.
Regards