Divorce case with false documents
Querist :
Anonymous
(Querist) 02 April 2011
This query is : Resolved
Dear Sir,
My sister got married 2 years back,But after 6 months we got to know that her husband has affairs with his Bhabhi.Even the family tortured my sister physically everytime.We wanted to reconcile the matter but that boy was not ready and forcing us to give divorce.
we approached to Mahila cell but it yield no result.The boy then framed us (my father,mother ,sister,mama,jija )everyone in the my family into a false crimnal case like attempt to murder,fight e.tc(non-bailable cases)to the court with a false medical prescription (indicating internal injuries to his father and brother) .and in the mean time he filed divorce case to implicate a pressure on us with the allegation that my sister is suffering from uncurable disease (Mirgi)-a mental disorder with again a medical prescription .
The same medical prescription we have taken from the same doctor without saying anythin to him with the name of the boy by just giving 500 Rs.(About the medical disorder)
We have filed 498A and else to him and he sentenced abour 4 months to jail prior to the bail granted by high court.And also he is not ready for compromise.what step we hould have to take because the judgement time is creating mental pressure and hence causing problems to my family(father-65 years old and mother -60 yrs old)
adv. rajeev ( rajoo )
(Expert) 02 April 2011
Let your sister file a maintenance and DV act cases, if she has got kid let her file a suit for partition and separate possession claiming share.
Devajyoti Barman
(Expert) 02 April 2011
Yes, I agree with the experts above. File those cases as advised by them.
Kirti Kar Tripathi
(Expert) 02 April 2011
My personal advise is do not be defensive. Be offensive as act as per advises of my above learned friend.
Querist :
Anonymous
(Querist) 02 April 2011
Dear Sirs,
We hav filed petition for 498A along with DV act and also seek maintenance already.He sentenced to 4 months jail prior to the bail granted by high court since district court has denied for bail.
After coming from jail he along his brother(a lawyer) is implicating us in so many crimnal cases.usually Every week we are getting letters from court for different cases(usually crimnal cases).
He also called us several times and threatned us to implicate in several cases.We are going to his native court(about 300 kms far) everytime for filing anticipatory bail.
My question is what is the remedy of all these?
Is there any provision in law to stop them for doing false cases.?
Guest
(Expert) 02 April 2011
No respite or return path is normally available in such cases, where some one is jailed by the efforts of the other party. Nobody can make the opposite party not to think negatively to take revenge.
However, if some rational and common person to both the parties can act as a mediator, the matter can be subsided. Court cases can attract counter court cases. There can be no end to that process. But it is sure that both the parties will have to become losers not only moneywise, but also peace of mind wise.
Divorce, if settled, maintenance would be quite justified to be claimed by your sister from her husband.
Querist :
Anonymous
(Querist) 02 April 2011
Respected sir,
My sister husband want divorce without maintenance with a plea to us that to withdraw all our cases such as 498A and DV act along with maintenace .In response he will withdraw the crimnal cases against us.
Is this justice to a DIVORCEE girl and 65 years old father and mother.
Please guide us that in which way we have to proceed...i am hopeless by watching problems of my family.
