Harrassed by False Case
27 September 2014 at 09:56
Respected Members,
Request all the learned members to guide us. My family is being harrased my younger borther's wife and her parents.
The case in brief is produced here -
1. My brother got married in Nov'12
2. Within a month his wife started showing true colors and started fights with my brother and as she belongs to richer family than us she started complaining on everything. Her father used to come to our house every other day and started interfering in our daily life.
3. Seeing that they are polluting the environment of our home, we decided to grant the wish of my brother's wife of living separately. Ours is joint family. We are three brothers- all married and living with our parents in a rented flat .. Due to my job requirement i am currently posted in a small town nearby and visit my fparents atleast once in a month.
4. They started living separately but my brother's wife was even not happy with this. She keep on torturing my brother with her demands . She wanted to take full control over my brother in all sense.
5. As the matter got worsen,we involved other relatives from both the sides to resolve the issues between them. The relatives concluded that the girl is hyper and thus an agreement (MoU) was prepared in presence of relatives from both the sides describing the guidelines for both of them to follow to make their married life successful.
6. However, things did not improve . The father of the girl even came to our office with some locan goons and threaten that they will cut my brother's limbs and malign his image in the office he works. We immediately lodged a complaint in local Police Station.
7. We sensed that the girl might file a false case against us u/s 498a. So we used to keep police informed by way of General Diaries whenever any untoward events happened.
8. In Dec'13, there was big fight between the two and on the same day the girl left the place with her father.
9. The matter again went to our community and the girl's father demanded huge money as alimony. We are of limited means , my brother is salaried. My father is retired from his small business which is currently looked after by my elder brother. We by all means and ways could not meet that requirement.
10. Since Dec'13 the girl was living with her father as per her own wish. We even informed this to Police by way of GD.
11 When we declined the girl who earlier wished to take divorce started forcing to stay together again with my brother. We have earlier tried every ways to reconcile but every time the girl made our life hell. My brother was not in that position to continue with her anymore and he filed a divorce suit against her in last week of Jan'14
12. All of sudden , in Mar'14 police came to our house and took my brother into custody. They informed us that the girl has filed 498a case against my brother. We asked our lawyer to take care of the matter as we were confident that we have informed police every time and thus nothing would happen. But thanks to the corruption the lawyer changed the side. The father of the girl has great influence in the local police station and he even managed the lawyers.
13. Every thing happened like a bollywood movie where an innocent person runs pillar to post but the corrupt officers and power and money has a final say.
14. My brother was jailed and a we all who never knew P of police and C of court found ourselves helpleless. Despite our legal right to have access to a copy of FIR and other documents we were not provided. We then hired one another lawyer who against a good money secured us the documents. We were totally shocked after reading the FIR as everything our there was a lie.
15. But due to panic and suggested by many on not go in legal battle route rather to talk the girls family as they what they want. We approached them the girl said if my brother lives with her she would withdraw the case.
16. We were into panic and a couple of days later we were informed that if does not opt to what she wants police will start arresting my parents, my married sister and we two brothers.
17. We were nothing in terms of money and power against the girls father. We are a simple middleclass family.The only thing in our mind was to get my brother out from jail. So we went to meet our brother in jail and conveyed the intention of the his wife. Fearing that his parents would also put into jail my brother completely broke and he agreed to stay with her.
18. Dramatically things happen and the girl gave a undertaking to the court that he has no problem with her husband and he can be released on bail. On the basis of this the court issued a conditional bail order.
19. We were then asked to withdraw all our GDs with Police station and also the Divorce suit which my brother filed and in return they promised that they will withdraw the 498a case against us.
20. As we were at a receiving end we did as we promised. The bail was with a condition that my brother would visit the IO three days in week. For couple of weeks my brother visited him but after that the father of the girl said he will manage and asked us submit the attendance diary to him. We in good faith handed over that diary to him and told the police verbally about it. Police told that no issues as anyways the case would be closed.
21. This time the girl stayed at her choice of flat and she ensured that my brother meets his all materialistic demands.
22 But having done as per the girls wish she again started fighting with my brother for pitty issues. She wanted my brother to act like her pet dog which follows every command of his master.
23. The girl by now knew that with misuse if her power she can get anything done from my brother. She quiet often threatened by brother that if he does not fulfill what she says she will again complain against him with police.
24 The matter was informed to our community , they warned the father of the girl not to misuse his power and restrain themselves taking legal route on the basis of false case.
24, Months passsed and In July'14 a fight over a very small issue broke between both of them. The girl again showed her hyper nature. My brother immediately informed about this to a senior member of our community. He asked my brother to meet him.
25. This time my brother narrated all the things happened after he came our from jail and started living with her. We came to know how the girl has mentally tortured her and she even beat my brother. My brother was very depressed and he was not position to continue this relation with her anymore.
26. He conveyed this community member and his wife also explaining the detailed reasons for his wish not to continue this relationship.
27. But the day he said this, from the next very day we got a call from the IO to meet him. He asked my brother that why he is not visiting the police station as per the court order. My brother made him remembered that he was not asked to meet them as his father in law was taking care of the matter and case was about to be withdrawn.
28. Well in reality nothing such happened and the case was still open. He again used the same route to force him continue this relationship.
No my question to the forum is what should we do now.? Where do we stand legally.?
Please suggest.
manojkumar
27 September 2014 at 08:56
श्री मान जी
यह कि मेरी बेटी का किड्नैप 18 मई 2013 fir u/s 363.366a,120b, है, को हो गया था जब वह सोलह साल सात माह की थी ओर ना बालिग थी, पुलीस ने दोशीओ से साठ-गाठ कर ली ओर लड्की को ब्रामद करने की बजाए दोषीओ को रिकार्ड मे भगौडा बताकर खुद ओफ़ रिकार्ड उन्से फ़ोन पर बाते करते रहे है. जिस्की काल डिटेल मोजुद है I
प्रार्थी ने साठ-गाठ करने वाले अधिकारीओ के खिलाफ़ माननीय लोकायुक्त हरियाणा के पास केस भी डाल रखा है जिस्मे प्रथम तोर पर ही पुरी पुलीस की कार्यप्र्णाली स्दिग्ध पाई गई ओर एस पी फ़तेहाबाद ओर जाच अधिकारी सीता राम को जवाब देने के लिए 45 दिन कI नोटिस दिया गया है ,
अब उक्त लड्की ने हाई कोर्ट मे एक कुवैशिन्ग याचिका लगाई है कि मै अपनी मरजी से घर से भाग कर गयी थी ओर धरम परिवर्तन कर्वा कर लिया है ओर उसी लड्के से शादी कर ली थी ओर अब मेरे पास एक बेटा भी है जो 2-3 माह का है
लड्की 9 अगस्त 2014 को बालिग हुई है ,
कया इस हालात मे मुकदमा कुवैश हो जाएगा
अगर हां तो किस तरीके या मुदई के किस तरीके के बयान से कुवैश होने से बच सक्ता है ओर दोशीओ को सजा हो सक्ती है ओर पुलीस के अधिकारीओ के खिलाफ़ चल रहे मुकद्मे पर भी कोई असर नही पडेगा कया किया जाना चाहीए
my openion is that i am not want to quit any accused without punishment of court i request for free legal aid at punjab and haryana high court in this case for me date is 6 oct 14
if you ready to help me pls email your email address and telephone number me at easy227@gmail.com
sagar jadhav
27 September 2014 at 08:43
Hi
I was working in Hyderabad but my bank account was in native place.
last yr in may 2013 one of my relative who is not in favor of me gone to bank changed mobile no of bank account with her
I immediately informed Hyderabad branch and they reverted it
even informed local branch not to do it again but still second time they changed it.
when I filed complaint they acted very rowdy ,said they did not changed number but reverted it back,even harassed Hyderabad bank people and blamed on them
Now my good uncle is legal adviser in same branch and they are harassing him,but for that we don't have any proof and he is reluctant to make case open
1) what maximum penalty will be on branch coz they changed my mobile without any document
2) what is best way to save my uncle
JAVED AFZAL
27 September 2014 at 08:27
I married with Naseem D/o Khushi Mohd s/o
Rehman on 19-02-2012 by way of Nikah.On 28-01-
2014 after long reconciliation in Amarte Sharia
Punjab Talaq was given on 5-05-2014 and sent vide
Registered cover twice but received back
Unacknowledged & then published twice in
Newspapers. On 7-05-2014 my former wife filed a
Complaint with women cell Patiala under the name
of Naseem D/o Khushi Mohd alias Sham Lal (which
was challanged being illegal use of word alias)and
got F.i.R.No.84 dated 18-06-2014 U/s 498a/406
I.P.C registered against me and my mother and
Brother for which I have to take anticipatory bail
And the case is transferred to Mediation Center
Patiala by learned A.D.J. Where hudge demand of
Rs.10 Lakh is being made for mututal agreement
By tacktis and blackmailing. Please guide us as to
Whether on the basis of concealing their Hindu
Identity of Sham Lal S/o Ram Lal. The nikah can be
Got declared as null and void on filing suit in the court under Muslim law and supply me format of null and void marriage suit under Mohammandon Law.
shilpa gujar
27 September 2014 at 00:38
my father expired on 5/9/2014. He made his property under the head of huf. i am his daughter and i am divorcee and also living with my parents from 14 yrs.
After my father's death my brother is said that all propety and fds are in huf name so u will not get any share in this property. is it true?
My father had not done any will but he had made my mother and my brother 50;50 nomiee in assets. Then i want to know can i demand my share in property and fds? because he is not giving he (brother) is saying its under huf then u will not get;only male child will get
Misc
27 September 2014 at 00:08
Person "A" bought a property many years ago
"A" died without leaving a will. His 8 sons and 3 daughters sat at the table. 4 sons (WXYZ) bought the property, compensated the others by giving them money and these 4 sons (WXYZ) divided the property among themselves, built houses on their shares and started living there. There is a partition deed mentioning the division.
"W" was my grandfather who willed the property to his grandchildren. The will is not a registered copy, but everyone in the family has taken it as his last word i.e. there is no dispute about that.
Now, we are planning to sell my grandfather's share of property, however X-Y-Z the other brothers or their heirs seem to confuse us. They have been saying they would combine it and sell the entire property as 1 unit but everytime we approach the topic each one of them seems to have a different opinion or expectation, because of which no firm decision has been taken. Again, there is no dispute, but just the others are not able to decide for the last 7 years.
I have the copy of the partition deed between W-X-Y-Z, and I have my grandfather's will.
1. Can we (the legal heirs of "W") sell my grandfather's share of the property?
2. What are the documents I would need to sell the property?
3. Is there a way I can get a copy of the Original Deed of this property?
4. The partition deed and the will are not registered or stamped, would that be a problem in selling the property?
No one in the family is hostile toward each other. They are just delaying matters. Delay we don't understand. What should we do to ensure a speedy disposal of this property?
TARUN DATTA
26 September 2014 at 23:36
How could I get father's property. My father died on 14 th april 2014 . My divorcee sister denied to show us anything right now even bank account. We are two brother, mother also alive. There is no will.
please help.
Tarun Datta
Anonymous
26 September 2014 at 22:44
I got married in jan 2014 with europe based nri. After 7 months my visa came & i joined him here in europe a month back. He has beaten me like animals on more than 5 occassions & threatening me to send india everydayon no grounds. His family based in india supporting him. I have launched a complaint here in europe in local police station. But he is not gvng me any support & money & left me deserted here. He wants me to go to india as he has no intentions to come to india as he want to be safe. Please give right advice. This is his second marriage. He cant leave me on no grounds. How to get justice after coming to india as i wont be able to survive here for long. All my family in india.
Dr. B.V. SAI CHANDRAN
26 September 2014 at 21:27
sir,
can a central government employee take a lead to initiate an academic & professional association (eg. society of endoscopic specialists)?
If so permitted to start such organization, can he open a bank account on the name of the organization for the financial needs to maintain the activities of the organization?
Can foreign doctors be allowed to become a member in the organization?
Kindly clarify. Thanks much
_ Dr. Sai Chandran
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Defamation suit
Respected Members,
My younger brother's wife has filed a false case u/s 498a against my family. She has accused my younger brother , my elder brother, my parents , my sisters and my self.
Its a totally misuse of power and a false case. Nothing written in FIR is correct. We have enough evidence to support this.
Can I file defamation case against my younger brother's wife despite the ongoing 498a case is pending and the trial is yet to begin.
Pls suggest