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saurabh sarda (partner)     16 September 2013

Brother's wife giving false police complaint and harrasement

hello,

in my family we are two brothers and a mother and we live in maharashtra state.in year 2012 my brother ages 31 got married to a girl whom she approached through a matrimonial website ,we belong to a maheshwari caste and the girl is from sonar caste. however my mother was against the marraige,so she asked my brother if he wants to marry the same girl,he will have to stay away from our home.

my brother got married to the same girl in kolkata where my tauji and family stays with presence of girls family and my tauji's family ,me and my mother did attend the marraige.that was in april 2012

after marraige started living seperately in the same city in maharashtra along with his wife, we were not concerned with their home or day to day life.
my brother used to come home to meet my mother every other day or so,also he was doing a construction business for which my mother used to give him financial help,however my mothere didnt kept any property on my brother's name.

after 6-8 months of marraige, my brother's wife started troubling him, asked him to take property from mother,to legaly give property in her name,to get seperate share in property as well jewellery which belonged to my mother. she also said to my brother if he wants to have children then she wont allow him untill he gives property on her name.my brother didnt mentioned anything to me or to my mother, he was managing his wife and was trying to keep her happy as he could .

how ever in the month of july2013 girl invited her mother,2 sisters and brother to her home in akola and all of them stayed at my brother's home for a month against the wishes of my brother. they all tried to harrase my brother by blackmailing him him,that if he want take property in his name,then they will take his wife away and will file for divorce and all emotional blackmailing.

however when my brother didnt reacted to  there blackmailing, his wife called up on my mother's phone and started abusing her.

thinking something is wrong, we called up police and along with them we went to my brother's home,where we found all of relatives in the house and not allowing my brother to go out and talk to anyone. police took all of them to police station and after counseling them asked my brother to go to mother's home as per his wish and asked his wife to go home.

his wife was at flat, from where she and his family gathered all the belongings,valuables and even clothes of my brother and ran away at the same night to her home town in rajhasthan by a taxi.

now after a month she is sending a police complaint mentioning all false that all these years she was staying with our family, we used to beat her,torture her and harras her for dowry. we didnt allow her to talk or meet her family in all these 1 & half year. as she has registered under sec 498 which is unbailable offence in rajhasthan, we have applied for bail.

can you please advice, how to move ahead in the case, my brother wants divorce from the girl and want to prove her wrong.



Learning

 6 Replies

Saurabh..V (Law Consultant)     16 September 2013

@Author

 

Best part for you in your case (as I read the facts), is that your mother called local police and a mediation in their presence took place. However you have failed to mention if you lodged a theft complaint against your brother's wife when she ran away after stealing all the jewellery etc. from her matrimonial home. Also, you did not mentioned that if you filed a restitution of conjugal rights petition in the court for bringing her back home.

 

Anyways, while you answer the above two questions, I would like to advice you that you ask your lawyer to give detailed submissions in the court. Let him apprise the court of the fact that your wife has only lived with your brother and you & your mother were never in any domestic relationship with the complainant.

 

I think bail would be easy in your case because there was no complaint made by her during her stay at your brother's house and additionally there was a mediation by the local police who found all the relatives of the complainant at your brother's house.

 

One more thing that pinches me here is that the complainant cannot pursue her case in Rajasthan because none of the alleged cruelty was meted out by the complainant at Rajasthan. All her allegations belong to the tenure when she was at Maharashtra. So even if a Zero FIR was lodged, the case would have to be transferred to the local police. This would go in your favor because local police already know the reality.

 

Please note: Unless directed by the High Court of Rajasthan to transfer this case from Maharashtra to the complainant's home town, no court can start the proceeding against your family or take cognizance of the case.

 

All the best!

 

//peace

/Saurabh..V

498aindian (other)     16 September 2013

Saurabh..V I am Online


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Posted 20 minutes ago Quote

@Author

 

Best part for you in your case (as I read the facts), is that your mother called local police and a mediation in their presence took place. However you have failed to mention if you lodged a theft complaint against your brother's wife when she ran away after stealing all the jewellery etc. from her matrimonial home. Also, you did not mentioned that if you filed a restitution of conjugal rights petition in the court for bringing her back home.

 

Anyways, while you answer the above two questions, I would like to advice you that you ask your lawyer to give detailed submissions in the court. Let him apprise the court of the fact that your wife has only lived with your brother and you & your mother were never in any domestic relationship with the complainant.

 

I think bail would be easy in your case because there was no complaint made by her during her stay at your brother's house and additionally there was a mediation by the local police who found all the relatives of the complainant at your brother's house.

 

One more thing that pinches me here is that the complainant cannot pursue her case in Rajasthan because none of the alleged cruelty was meted out by the complainant at Rajasthan. All her allegations belong to the tenure when she was at Maharashtra. So even if a Zero FIR was lodged, the case would have to be transferred to the local police. This would go in your favor because local police already know the reality.

 

Please note: Unless directed by the High Court of Rajasthan to transfer this case from Maharashtra to the complainant's home town, no court can start the proceeding against your family or take cognizance of the case.

 

 

Mr.SAURAV.V are you Really a Legal consultant???,I also doubt on your credentials?

Even You don't know that the Transfer of cases from one state to another state has to get permission from SC and not from HC.

So,lolz again..I completely agree with Mr.Sufferer what he had told about you in this particular thread:

https://www.lawyersclubindia.com/forum/Does-police-has-right--88429.asp

 

All the best!

 

//peace

/Saurabh..V

1 Like

D Seikhar G (self)     17 September 2013

@Hard truth great job done by you.You have revealed the truth of this fake consultant.The thread link which you have posted here,I already given a comment that this guy @Saurav.V is a lunatic idiot who forcefully want's to accept his answer's and call himself as Ld. Member and Law consultant . You can also see in that particular thread where he had imparted several blunder mistakes and continuosly blaming @Sufferer to accept his answer's whereas Sufferer has single handedly revealed every inch of his fake consultancy along with other fake consultant who had come to protect this lunatic consultant.God save him now.

498aindian (other)     19 September 2013

Yes you have given the right suggestion and comment  for him, I will also tell him "Little Knowledge is very dangerous thing" please don't mark  yourself as Law/Legal consultant unless you don't mean it.

Saurabh..V (Law Consultant)     24 September 2013

@hard_truth

 

I never intended to post replies to your useless efforts to malign me, however it is expedient that I should leave a clarification, for the sake of it! It is a well known fact, (well known to legal professionals) that High Courts have exemplary powers even more than Supreme Court in Writ Jurisdiction as per Constitution of India.

 

In the present case, the @Author may move to the Rajasthan HC for quashing the present case being illegal as for the want of proper jurisdiction. There is no need to move Supreme Court in such a case. Once the matter is quashed, the HC can order the police to send/transfer the case to correct state of jurisdiction. There is a judgment by Justice Kailash Gambhir of Delhi High Court in which the Hon'ble Judge was pleased to quash the criminal cases filed under section 498aIPC, 323IPC, 506IPC etc. and ordered the concerned I/O to transfer the case to Rajasthan for compliance. Additionally, once the case is quashed and the HC refuses to order transfer the case, the police officer or the complainant shall be required to take necessary action. Accused is free till the case is reinstated in correct jurisdiction. That's a technical glitch which only a law professional can exploit.

 

I assume you might know the procedure of "Zero FIR". In such cases the police is authorized to register a FIR whenever a complaint is registered, but transfers the same to correct jurisdictional police station. This police station may be in same state or in another state. There is no bar is such transfer of cases.

 

Now that I have given the clarification, you and your supporters may continue your "foolish" laugh :-)

 

//peace

/Saurabh..V

saurabh sarda (partner)     26 September 2013

hello Mr.saurav,

     as per you query, yes we have filled a theft complaint against her in police station on the same day she ran away from here but we not filed a restitution of conjugal rights petition in the court.

now i forget to mention you, she filled her complaint that we threw her out of house in her only wearing dress on 3 august where as all the drama i mentioned which happened infront of police happened on 5 august and at the same night she ran away with all belonging of my brother and household by a taxi with her whole family. she also took my brother ATM card and did withdrew Rs.20,000 on way.

but while filling complaint in court in ratjhasthan she mentioned that we threw her out of home on 3 august and that on 9 august we (me,my mother and brother) went to kairthal her home town and did threaten her and family and also did abused her which is absolutely false as we were present in our home town 'akola'on the said dates and never ever did visited her. thats the reason i suppose rajhasthan court or police have filled complaint , now our complaint is pending in jaipur high court and date is 30 september for bail grant.

i need advice hoe to prove her wrong and get rid of these legal hassles.

thanks


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