Under which section of IPC i can register FIR ??? plz help
Kiran
(Querist) 06 February 2011
This query is : Resolved
Myself , married in july 2010.
My mother in law has thrown me out of her house within a month of our marriage, my husband didn't help me at all, my MIL completely controls him and my husband is scared of his mother, and my MIL doesn't want me back, from the last 5 months iam trying hard to save my marriage, tried counselling, sent messages, phone calls emails, but no response. my MIl is forcing my husband to file for divorce and get seperated from me, she keeps saying him the same, i got to know this from my husband's relatives. My MIL is not ready to listen to any relative , she is adament to break this marriage. My MIL has harassed me alot, and i think she wants dowry but she is not saying directly on my face, moreover she curses me whole day that her son is handsome and she did a mistake that she choose me.
Atlast i had to file a maintenance case under 125 crpc. Summons were issued, my husband accepted the summons, and when police went to their house with summons, my husband and inlaws told them that they will appear in court and they don't have any problem in accepting me back. And they had signed the summon papers and gave the summon copy to police. Then on the following date of hearing , my husband & inlaws didn't came, they were absent. Altough their home was locked, and they had told their neighbours that they are going for a case hearing. Before that he had escaped from accepting the summons, by tricks, and due to this my case dates extend, and i keep going to court . 2 hearings havebeen passed. But now i think they are cheating & fooling me. From last 5 months iam trying so hard to save my marriage but now i feel these people are just cheating me, iam shattered . They just don't want to come to my place in court or accept me back, and now after all this i cannot stand my MIL, because she is a threat to my marriage. They are inlficting nasty alligations, iam getting disgusting calls on my landline, from pco's abusing and all.
Now i want to file a PWDVA & i also want to register F.I.R, for F.I.R i have ample proofs, and consent from police station ( From city- where my husband resides) in written that i should file FIR against my husband. Because i know he will continue to make me fool and won't appear for PWDVA summons also, as they are constantly cheating me. So i will file FIR, Now i want to ask what happens after Filing FIR, can my husband still escape himeslf from appearing in court even if i file an FIR ???
He will be arrested or not ??? please tell me
Plz plz plz reply, i need help. Plz
And what is FIR , i want to register FIR on harassment basis, because my husband has cheated me before this,and he is not accepting me & is breaking this marriage without my fault,he has plans for remarriage. he is just not telling his intension properly.
1) If i file FIR will my husband be arrested immediately or after investigation ????
2)And after filing FIR ,if the case reaches to court, will i have to appoint a lawyer or court will provide me a lawyer ???
Arvind Singh Chauhan
(Expert) 06 February 2011
You need not to mention sections in to FIR Police will itself lodge the FIR in relevant sections meeting with the facts given in FIR.
For cruelty 498A
If there is threatening of life 506
If your stridhan as jewelry has been kept by him 406.
If he abuses you with filthy words 504.
If there is demand of dowry 3/4 Dowry Act.
Arresting depends on police.
If police files charge sheet you will be assisted by Public Prosecutor.
Kiran
(Querist) 06 February 2011
Thankyou so much Arvind sir for your quick answer. Can you explainme what is chargesheet ?? and how does police decide to make it chargesheet, i have enough proofs against my husband & inlaws.
Kiran
(Querist) 06 February 2011
I have heard in criminal cases we get public prosecutor. Iam really suffering alot. So please help me .
Arvind Singh Chauhan
(Expert) 06 February 2011
If after investigation, investigation agency finds accused is guilty, it files charge sheet in court with all proofs and list of witnesses.
You will get public prosecutor.
Kiran
(Querist) 07 February 2011
Thankyou so much MR arvind for explaining me so nicely.
NOTTAM VENKATASAMY
(Expert) 09 February 2011
IMMEDIATELY YOU FILE A PETITION THROUGH PWDVA IN SECTION 12, 18 19 21 AND 23 BASED ON THAT APPLICATION MAGISTRATE MAY ORDERED EX PARTE YOU CAN FOLE WITH AN AFFIDAVIT, FINALLY YOU CAN GET THE RESIDENCE ORDER,PROTECTION ORDER MAINTENANCE ALSO.
