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Advise needed on lodged fir

Guest (Querist) 07 November 2017 This query is : Resolved 



Hello Sir, Please help me on the same,

1- My wife left my house(along with my both children 7+ yrs daughter and 16

months old son) on May 23rd 2017 due to some family arguments. My parents were

also present that time.

2- After that my in laws and wife went to Mahila Thana ghaziabad with their

complaint( I dont know what was they written in complaint)

3- After that we had three counsellings done at mahila than center.

4- At third counselling they asked me for the maintenance allowance either by

Mahila thana OR by Court. I told them that I will tell them after consultation

with my advocate within 2 days. But they denied for the same and instructed

counselling inspector that they can not give 2 days of time. And finally told

inspector to write down on paper that now they will lodge Mukadma against My

arents and Me.

5- After that, file is closed and FIR was lodges with IPC 307, 498A, 506, dowry

IPCs etc etc. In that FIR they mentioned that My parents and Me were killing

thier daughter on May 21st. No medical was given by my in-laws against 307

hence it was nullified by investigation officer in chargsheet.

6- After that investigating officer investigated and did not found any evidence

that proves 307 and removed my parents and Me from 307 and further charge sheet

to next level of Family/judiciary court and now we are waiting for summons. We

are checking the same regularly by visiting court.

7- INvestigation officer told me that I can continue to meet my children . But

when I went to my in laws house to meet my children then they tried to kill me

almost and then I called PCR by calling 100 number. I recorded all the

happenings in my mobile as a proof. PCR came and setteled the matter and then I

left got my office for night shift.

8- My in laws went to police station at the same night and filed 151 against me

by saying that I have done misbehave and beaten up my wife.

9- Next day I went to same police station to let them know the whole strory

along with all the captured proofs but they did not heard me and put me behind

the bars for 6 hours and finally challaned under 151. Further I tried to visit

police station but they did not registered my complaint.

10- Now I have decided to send my complain to police by speed post against my in

laws deeds as I have a good proof against them.
Please advise on the same if this works OR should I go for court case by hiring

advocate ?

Asking this becaused if I go via court case then there will be 2 parallel

running cases(one for point number 7 and another for point 6)

I am also thinkng to file children custody under Gardian and Ward act so that I

continue to meet with my children untill final verdict comes.

Please also advise if I can file divorce case against my wife and at what time ?

considering the point number 6.

11- We did not want to file petition u/s 9 of HMA as I did not want my wife to

come back again and join my family because my wife along with her parents are

misbehaving at full extent and after that they misuse law to gain benifit. My

wife do not want to live with my parents and also do not want my parents to come

to meet me and children. We can not live with this horrible condition. They are

doing this kind of behaviour from past 10 years since we marrried.


Please advise on point number 10.


Thanks
Neeraj Singh
9818117798
Ghaziabad.


Rajendra K Goyal (Expert) 07 November 2017
Repeated query no reply:

http://www.lawyersclubindia.com/experts/Kindly-help-me-661181.asp

Guest (Querist) 07 November 2017
Please advise on point number 10 only

Thanks
Neeraj
Adv. Yogen Kakade (Expert) 07 November 2017
You can file divorce petition at any time.. it is advisable to consult a good lawyer.
Guest (Querist) 07 November 2017
ok, thanks & regards


Neeraj Singh



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