Steps before fir lodge by family
All is well
(Querist) 20 June 2013
This query is : Resolved
Respected Lawyers,
I need your help to save my family from suspected false allegation from my brothers in laws . I am from Bengali family and father is a retired central govt employee and I have an elder brother who is working in Hyderabad and settled. He had to seperate from us due to his wife who troubled us a lot and after separation, she is still creating problem. My elder brother called me and said i might jump in front of the train and saying i cannot take it any more. My sister in laws parent are landloard(Zamindar)and they keep threatning us that we will bring gunda and we know so and so SP, DSP,MLA's etc. They are from west bengal and we are settled in Hyderabad. I am currently working in Bangalore and going for final one and one meeting with there family but i doubt they might do something which shouldn't be surprise for us. Before they lodge complaint what all steps should we take so that my family shouldn't be behind the Bar for unknown reasons like harrasement, voilence. We spoke to few cops regarding this and lawyer but no use and said u and ur family will have to go to jail at any cost. If this is the case whom should i approach and what steps should i take to save my family from devils. Someone told me about GD Entry in police station that you can file a GD and suspecting a false case against ur family and notify but again depends on police officer if he is ready to take. So need opinion from expert that how to handle this case being a man when most of the laws are in favor of women.
Devajyoti Barman
(Expert) 20 June 2013
Well , I am not sure why some one has told you that going behind bar is unavoidable if the case is lodged against you.
Correct strategy is like correct diagnosis to cure the disease.
Do start lodging GDs in the local PS against such threats.
Your brother should file case of divorce at once if he is so exasperated.
You have to keep tab in the PS where such case may be lodged as once FIR is registered , you can apply for anticipatory bail to evade arrest.
Advocate M.Bhadra
(Expert) 20 June 2013
You are residing far miles away,however in fact there are no preventive measure against filing a criminal case.You need not lodge a complaint to the Police,let them to take any step.But if they lodge an FIR against you then you should take anticipatory bail.Your elder brother can file a Divorce Suit,but there are every chance a case u/sec.498a IPC may be filed by your sister in law after getting the notice.So wait, see and go as per incident.
Rajendra K Goyal
(Expert) 20 June 2013
Filing a divorce case by your Brother in law will at once bring a reaction of 498a etc. Try to get anticipatory bail. No. of families are living in similar conditions full of tension like you. I endorse the views of expert Sh. Devajyoti Barman for steps to follow.
Raj Kumar Makkad
(Expert) 20 June 2013
No more to add as rightly advised by experts.
K.K.Ganguly
(Expert) 21 June 2013
I just want to add that your brother should record all her abuses, ill treatments etc. where ever possible & lodge GDs mentioning about those recorded tortures.
It will help your brother later on.