Devajyoti Barman's Expert Profile

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Harrassed by False Case says : False 498a case against my family
Respected Sir, Request you to guide us. My family is being harrased my younger borther's wife and her parents. The case in brief is produced here - 1. My brother got married in Nov'12 2. Within a month his wife started showing true colors and started fights with my brother and as she belongs to richer family than us she started complaining on everything. Her father used to come to our house every other day and started interfering in our daily life. 3. Seeing that they are polluting the environment of our home, we decided to grant the wish of my brother's wife of living separately. Ours is joint family. We are three brothers- all married and living with our parents in a rented flat .. Due to my job requirement i am currently posted in a small town nearby and visit my fparents atleast once in a month. 4. They started living separately but my brother's wife was even not happy with this. She keep on torturing my brother with her demands . She wanted to take full control over my brother in all sense. 5. As the matter got worsen,we involved other relatives from both the sides to resolve the issues between them. The relatives concluded that the girl is hyper and thus an agreement (MoU) was prepared in presence of relatives from both the sides describing the guidelines for both of them to follow to make their married life successful. 6. However, things did not improve . The father of the girl even came to our office with some locan goons and threaten that they will cut my brother's limbs and malign his image in the office he works. We immediately lodged a complaint in local Police Station. 7. We sensed that the girl might file a false case against us u/s 498a. So we used to keep police informed by way of General Diaries whenever any untoward events happened. 8. In Dec'13, there was big fight between the two and on the same day the girl left the place with her father. 9. The matter again went to our community and the girl's father demanded huge money as alimony. We are of limited means , my brother is salaried. My father is retired from his small business which is currently looked after by my elder brother. We by all means and ways could not meet that requirement. 10. Since Dec'13 the girl was living with her father as per her own wish. We even informed this to Police by way of GD. 11 When we declined the girl who earlier wished to take divorce started forcing to stay together again with my brother. We have earlier tried every ways to reconcile but every time the girl made our life hell. My brother was not in that position to continue with her anymore and he filed a divorce suit against her in last week of Jan'14 12. All of sudden , in Mar'14 police came to our house and took my brother into custody. They informed us that the girl has filed 498a case against my brother. We asked our lawyer to take care of the matter as we were confident that we have informed police every time and thus nothing would happen. But thanks to the corruption the lawyer changed the side. The father of the girl has great influence in the local police station and he even managed the lawyers. 13. Every thing happened like a bollywood movie where an innocent person runs pillar to post but the corrupt officers and power and money has a final say. 14. My brother was jailed and we all who never knew P of police and C of court found ourselves helpleless. Despite our legal right to have access to a copy of FIR and other documents we were not provided. We then hired one another lawyer who against a good money secured us the documents. We were totally shocked after reading the FIR as everything our there was a lie. 15. But due to panic and suggested by many on not go in legal battle route rather to talk the girls family to know what they want. We approached them the girl said if my brother lives with her she would withdraw the case. 16. We were into panic and a couple of days later we were informed that if does not opt to what she wants police will start arresting my parents, my married sister and we two brothers. 17. We are nothing in terms of money and power as against the girls father. We are a simple middleclass family.The only thing in our mind was to get my brother out from jail. So we went to meet our brother in jail and conveyed the intention of the his wife. Fearing that his parents would also put into jail my brother completely broke and he agreed to stay with her. 18. Dramatically things happen and the girl gave a undertaking to the court that he has no problem with her husband and he can be released on bail. On the basis of this the court issued a conditional bail order. 19. We were then asked to withdraw all our GDs with Police station and also the Divorce suit which my brother filed and in return they promised that they will withdraw the 498a case against us. 20. As we were at a receiving end we did as we promised. The bail was with a condition that my brother would visit the IO three days in week. For couple of weeks my brother visited him but after that the father of the girl said he will manage and asked us submit the attendance diary to him. We in good faith handed over that diary to him and told the police verbally about it. Police told that no issues as anyways the case would be closed. 21. This time the girl stayed at her choice of flat and she ensured that my brother meets his all materialistic demands. 22 But having done as per the girls wish she again started fighting with my brother on pitty issues. She wanted my brother to act like her pet dog which follows every command of his master. 23. The girl by now knew that with misuse of her power she can get anything done from my brother. She quiet often threatened by brother that if he does not fulfill what she says she will again complain against him with police. 24 The matter was informed to our community , they warned the father of the girl not to misuse his power and restrain themselves taking legal route on the basis of false case. 24, Months passsed and In July'14 a fight over a very small issue broke between both of them. The girl again showed her hyper nature. My brother immediately informed about this to a senior member of our community. He asked my brother to meet him. 25. This time my brother narrated all the things happened after he came our from jail and started living with her. We came to know how the girl has mentally tortured her and she even beaten my brother. My brother was very depressed and he was not position to continue this relation with her anymore. 26. He conveyed this community member and his wife also explaining the detailed reasons for his wish not to continue this relationship. 27. But the day he said this, from the next very day we got a call from the IO to meet him. He asked my brother that why he is not visiting the police station as per the court order. My brother made him remembered that he was not asked to meet them as his father in law was taking care of the matter and case was about to be withdrawn. 28. Well in reality nothing such happened and the case is still open. He again used the same route to force him continue this relationship. Now my question to the forum is what should we do now.? Where do we stand legally.? Please suggest.

Anindya Guha Roy says : sec 125
My sister field sec 125 against her Husband and Summon was sent to him but he did't appear on the first date. So what should be our next step that he have bound to appear in the Court. My sister did't getting any maintenance from her Husband from one lat one year.

Sameer says : Can i leave company During probabtion
i hav joined company on 5th sep & now i want to leave company. Can i leave company without notice period. As per my offer letter: " You will be on probabtion period for six months from your date of joining. You will be deemed to be on probabation until you are given a letter confirming your servicesin the company. during the probabation period, your services can be terminatedby either sidewithout giving any notice or assigning any reason. Post confirmation,your servicescan be terminated by giving two monthswritten notice from either side or paymentof salary(basic) salary in lieu thereof." Plz suggest.

R Kumar says : Meaning of the Judgement
Dear Madam/Sir, I request for your kind suggestion that One employer has filed a case against me regarding non serving of notice period, non compliance of bond. Please suggest that I have seen online judgement that Case Disposed, Nature of disposal is Contested - Decreed with costs. Please suggest that what should i understand from the meaning of this Nature of Disposal.

Shashi says : SRA Development Mumbai
Hi, Hope you are doing well. My father had purchased one room in chawl from Ms Kanchan in malad east, kurar villge,Mumbai in the year of 2003 but agreement was made between Kanchan And me. Now the problem is that in the year of 2003 my age was under 18.Now builder is telling that you are not eligible for SRA scheme and we are not going to assign flat under SRA Scheme since you are not 18 in 2003. If we under 18 and having some earning cant we buy any property. What to do in such situation...??? Please help me. Thanks & Regards Shashikant Gupta 9833354121

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