156(3)
nitya chandra
(Querist) 25 January 2014
This query is : Resolved
My father has filed fake case against my mom using the 156(3) of indian penal code. It is humble request to all Sirs here to please explain me this act and is there any solution to stop the person filing fake cases using this act ?? And if the person has already filed such fake suit then what is the solution for it ? My father is planning to file more cases on the basis of this act.
Devajyoti Barman
(Expert) 25 January 2014
Give background of your dispute.
It is direction made by the court upon police to register a case and start investigation.
Your mom should immediately file petition for bail preferably anticipatory bail.
If you mention the charges then further advice could be given.
nitya chandra
(Querist) 25 January 2014
My mom has taken the bail.Its a complicated case actually. I dont know from where i should start to explain the things. My mom has been a victim of father's cruelty since 23 years. I nd my elder brother are also victim of that mental harrasment. Even my father has tried to kill my mother many times and tried to choke me till death once. Now he has filed divorce suit against my mother and a fake case under 156(3) by use of an NCR. He is an elder CA of the city. He keeps on cheating using his profession. Here police is either unable to understand yhe professional cheating or knowingly they are not. My father is giving bribes to all officuals here coz of which police is not taking any strict action towards him pleading that he is 67 yrs of age. Now he has told to a relative that he vil b filing a 4-5 FIRs on my mother and thus she will spend her whole life fighting the cases. My father does not wants to give money to any of us for providing financial support.
The present case done by him on the basis of 156(3) is that my mom and my uncle(mom's brother) have beaten him. Please tell ne is there any golden ray to solve out the things. We are going through worst hell ever and here no one is undrstading the degree of seriousness of the case. Even our lawyer is not providing the full guidance.
S.QAISAR ALI ADV.
(Expert) 25 January 2014
engage some local lawyer for your assistence
nitya chandra
(Querist) 26 January 2014
Sir, we have already engaged a lawyet. But we are not satisfied with his reaction. Thats the only reason why i forced myself into all these things and this site is my only hope for honest assistance.
ajay sethi
(Expert) 26 January 2014
if your father has filed complained under 156(3) cops have to investigate and submit report . if your mother and uncle had baten your father has he relied upon any medical report regarding his injuries . what are nature of injuries? when did your father seek to file police complaint ? the police will submit report as to whether any case is made out against your mother and uncle
Advocate. Arunagiri
(Expert) 26 January 2014
If this a real case, I can request any of the human rights advocates of their area, to help these women.
nitya chandra
(Querist) 26 January 2014
Ajay sir, the court is in court now. He does nt have any kind of medical report because the truth is that no one has beaten him. He can get fake medical report through the use of finance but to my knwledge he does not have. The main thing is police have not investigated the case and the case straight away went to the court. How can we challenge the case on this basis??
nitya chandra
(Querist) 26 January 2014
Arunagiri g, if someone can honestly assist us then it will be a great help. My father even does not wanna provide any kind of financial help. My studies are getting ruined especially when our advocates are not paying much attention. We have so many proofs against him but no one is understanding his professional frauds.
Advocate. Arunagiri
(Expert) 26 January 2014
You will receive the summons from the court, they will supply you the case documents. Based on this, you can approach a local advocate and take the defense.
nitya chandra
(Querist) 26 January 2014
Arunagiri g, if someone can honestly assist us then it will be a great help. My father even does not wanna provide any kind of financial help. My studies are getting ruined especially when our advocates are not paying much attention. We have so many proofs against him but no one is understanding his professional frauds.
Advocate. Arunagiri
(Expert) 26 January 2014
I will help you. Send all your connected information to me. Based on this I will suggest a local advocate, who can help you at Nil Cost.
Devajyoti Barman
(Expert) 26 January 2014
You are still silent on the charges levelled by your father.
Why are your mother is not filing case against your father at least for his tortures and maintenance. She being a lady she ca get advocate free of cost from the local court itself.
You can get in touch with Legal Aid Services Authority which provided free of cost lawyer and is available in every district court.
V R SHROFF
(Expert) 26 January 2014
Nitya,
not to worry,
Police will call you for investigation, if Magistrate pass order u/s 156(3)
It seems, JMFC Court did not pass any order till date ."" u/s 156(3)of indian penal code.""
It must be Cr. P.C, and not IPC.
File DV , by you and your mother will help you. Demand Protection, residence, mtn,
Either TRUST your Advocate, or immediately change him,
Do not double cross or check upon Advocate thru us. It is bad.
nitya chandra
(Querist) 26 January 2014
My mom filed a domestic violence case a year ago. But the probation officer took the bribe from my father and was not sending the report to the court. Two days ago he has sent report in d court. The main problem is no one is understading the complication of case or either they afraid from taking such complicated case. Inspite of having so many proofs of 420, no is ready to help. And even system is so corrupt that every official has been bribed by the father. The father has put the charges under the sections 323, 504,506. he has made a man as a fake witness. The whole case is actually fake. Not even a bit is based on truth. What would happen if i become the witness that no one has beaten him ? Will the court give more importance to child as d witness ??
V R SHROFF
(Expert) 26 January 2014
y p.o,
why not directly c JMC Court??
DV can go straight to Magistrate....
V R SHROFF
(Expert) 26 January 2014
U father at 67, a Sr citizeN at eve of his life.
U must be 35-40??
Ur maternal uncle may have hidden interest in property of your dad. , and using ur mom as pawn...
BE CAREFUL..
WE NEVER KNOW MOTIVES,
WE CAN KNOW INTENTIONS AND ACT OF PERSONS...
OBJECTIVE???
WHY WILL YOUR FATHER DO SO?????????????
WHAT HE GET AT THIS AGE OF 67 ??
WHAT UR HUSBAND SAYS???
nitya chandra
(Querist) 26 January 2014
Sooryy sir i dont know any of the terms like y.p.o.. JMC court.. and DV. i just passd my 12th last year and m persuing CA course. So sir plz explain me the terms. It will be kind of u.
nitya chandra
(Querist) 26 January 2014
V R SHROFF sir.. my father has done marriage fraudently. He told his age was 32 wen actually he was 43. My mom 28 at that time. This was his third marriage. Sir its a long story impossible to be described in some words. I am just 19 presently.. Thanks fr ur concern sir regarding my uncle but dont knw what to say.. may be its d god's grace that i am aware of what is right and wrong. My uncle dont have any such intentions sir. This case is beyond extra ordinary. Its impossble to tell the whole story. I just hope to get a honest guidance. I only want that my father should now get the punishment for destroying so many lives. No daughter will ever want it sir, unless the man has crossed all the limits.
T. Kalaiselvan, Advocate
(Expert) 26 January 2014
You have been sufficiently advised by most of the experts here, now you have to follow it up if you really intended to get relief/solution through your query.
Devajyoti Barman
(Expert) 26 January 2014
Show all the details to a local lawyer and ask to proceed on what we have already advised.
DV case should have been heard by now. I am not sure it is delayed for any reason you mentioned.
nitya chandra
(Querist) 31 January 2014
Thank you all for the suggestion. :)
