False fir
ashok k rao
(Querist) 30 March 2014
This query is : Resolved
Sirs,
I got married (girl) in April 2013. My husband's mother expired 8 years ago. My father in law got married to the step mother within 3 months of death of his first wife. Though the lady promised to take care of my husband (who was 20 at the time of 2nd marriage), she started torturing both in father in law and my husband after marriage. She is materialistic, cunning, cruel and rude. She was 42 at the time of marriage and no children and still very self centered and wants everything for her. My father in law owns a house which is in his single name, though my later mother in law was working and her parents did help financially for building this house.
Now after wedding me and my husband are staying separately as agreed between my father and father in law. But this step mother is not ready to loose the rent she was getting earlier and troubling me and my husband regularly abusing, threatening and brain washing my father in law, who finally surrendered to this 2nd wife and joined her to trouble us.
They have started abusing me and my husband last month evening and have beaten me brutally. I had to give a complaint in PS and got admitted to hospital for injuries for 24 hours. our FIR against my father in law and his wife was filed. However, police colluded with my father in law and filed one false FIR against me, my husband, and parents that we have beaten them and instigated us to demand property from them.
Now both me and my husband are staying with my parents.
1. Can my inlaws break open my house?
2. What will be the process to apply for quashing of their FIR? How much time it may take and does it requires all plaintiffs to attend the court on all hearings?
3. My in laws are on conditional bail? can i apply for cancellation of bail and arrest them?
4. How about my going back to my house since i am feeling bad to leave my house where i went after marriage. I do not want to come out and stay in a rented house though i can afford a small rent.
5. My in laws have been charged 324 323 506 354 etc for assaulting me. Is 354 serious one against my inlaws for assaulting me?
6. We are under 324 323, 506 355 etc.
7. Police did not put 307 for my in laws for assaulting me and i was admitted to hospital with serious injuries. Can i now demand to include 307?
sdr
bangalore
Devajyoti Barman
(Expert) 30 March 2014
1.Who is the owner of the house? If it is you, then no one can break open or take forceful possession.
2.You have to apply in high court. Quashing is very rarely allowed.
3. Yes if there is such ground.
4.You can if you or your husband has any share in it. If your FIL is its owner then you can not get court order to enter it again.
5.yes
7. Yes but it is not case u/s 307 IPC.
Your in laws are old persons.Spare them to leave in peace and you get separate with your husband.
Rajendra K Goyal
(Expert) 30 March 2014
Agree with the advise of expert Devajyoti Barman ji, agree to it.
R.K Nanda
(Expert) 30 March 2014
consult local lawyer.
ajay sethi
(Expert) 30 March 2014
your father in law is absolute owner of the house . let him live peacefully with his 2 nd wife .
please note that it is not your house and you dont have any rights on said house . your father in law can dispose the house as he pleases .
better stay separte with your husband .
Sudhir Kumar, Advocate
(Expert) 12 April 2014
2. What will be the process to apply for quashing of their FIR? How much time it may take and does it requires all plaintiffs to attend the court on all hearings?
Ans : Meet lawyer with all papers.
Sudhir Kumar, Advocate
(Expert) 12 April 2014
3. My in laws are on conditional bail? can i apply for cancellation of bail and arrest them?
Ans : That depends if they are misusing bail. Meet lawyer with all papers.
Sudhir Kumar, Advocate
(Expert) 12 April 2014
4. How about my going back to my house since i am feeling bad to leave my house where i went after marriage. I do not want to come out and stay in a rented house though i can afford a small rent.
Ans : Not clear. You can live in your house seperately.
Sudhir Kumar, Advocate
(Expert) 12 April 2014
5. My in laws have been charged 324 323 506 354 etc for assaulting me. Is 354 serious one against my inlaws for assaulting me?
Ans : Your facts are not clear.
Sudhir Kumar, Advocate
(Expert) 12 April 2014
7. Police did not put 307 for my in laws for assaulting me and i was admitted to hospital with serious injuries. Can i now demand to include 307?
Ans : Meet lawyer with papers. You can give application to the court.
ashok k rao
(Querist) 17 April 2014
Sirs,
I am married to the son of my FIL with a fond hope to live there peacefuly and happily. I am from a higher level family and highly qualified. We realised little before marriage how cunning is the step mother, materialistic and greedy and FIL the puppet of his 2nd wife. My husband has suffered under her for 8 years after death of his mother and now is really relieved after we started living separately in the ground floor of the house. My In laws want us to get out. We have not asked for any property now and both being working hardly have time to think of all this. The in laws are troubling us and step mother is the real villain. Does the law say that the inlaws can talk all bakwas and after marriage behave differently. My father has given so much to me in wedding which is more than half of their worth. I want to know my right to stay in my matrimonial house and cant take getting thrown out whatever be the legal reason my IN Laws have since i know it is the step mother's poisoning as a last step to keep the ownership of property. Moreover she has no children. The experts are requested to understand this typical case and guide which should be helpful to thousands of helpless girls and their parents like me. Let In laws leave peacefully at this age instead they want to throw us out and that too this small portion of house with 1 and quarter bed room house?
ashok k rao
(Querist) 21 April 2014
I convey my thanks to all experts for the advices.
Supposing i agree to compromise, leave the inlaw house and stay separately, can my cunning step mother in law and father in law complain against me and my parents later. If no - fine. If yes, then what else he can do. I dont trust these in laws and mainly the step mother who is still worried that the property should not come to us. Both me and my husband are well employed, my father has given me a flat and a car in my wedding. I can start off comfortably. But only worry is this whether my in laws can still trouble me which i doubt as yes.
