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Chetan Singh (SE)     24 May 2012

Condition like jail for me and family

Dear all,

I need urgent help and suggestion required, We did marriage in 2010. As my inlaws taken away my wife 2 years ago and dont wanted to send her back. they were threating for 498a on me and family  so with the help of mediaters we had given 7 lakhs rupess as a secuirty amount with 100rs stamp paper agreement with witness so that no party can file any cases on each other.

After two years passed we filed divorce case but they are asking more 5 lakhs as they only expeneded 3lakhs in marriage.Now they filed cases on me and family as below

406,420,495,496,109,323,504,506 ipc through 156 section from court.

Please guide me how to save from these to my family and me. Also let me know how to file cross cases on them to teach lesson as they ruenied my family and my life. My private job is in also trouble if I arrested.

Please advice........



Learning

 10 Replies

Chetan Singh (SE)     24 May 2012

Dear Lawyers,

Please respond how to save myself from these false cases  via 156 section. What is job risk for me and what can be filed from myside.

vishnu (EE)     24 May 2012

I'm afraid you have to face consequences of your misdeeds.

Saurabh..V (Law Consultant)     24 May 2012

@Chetan

 

As you clearly mentioned that after you wife left your matrimonial home you paid Rs.7lac and reduced it in writing on Stamp Paper and also you have witnesses hence you need not worry.

 

Also what is clear is the intent of your in-laws. They are greedy humans who marry their daughter for money. As you paid money earlier and now you want divorce so they want to extract more money.

 

Remedy for you is to file for injunction in the Court where they filed application under S.156. Tell the court about the mutual aggreement on stamp paper and say that this was paid in full and final settlement. Also that they allegations even if true were dropped by the complainant party two years ago. Hence it would be illegal to reinstate such charges again even when you have paid Rs.7lac against full and final settlement.

 

Also in your application for injunction, you should pray to the court to put a stay on arrest of you and your family.

 

You need not worry. Just be brave and patient. Engage a good reliable lawyer. I hope you would get justice. All the best!

 

 

//peace

/Saurabh..V

Saurabh..V (Law Consultant)     24 May 2012

@Chetan

 

As you clearly mentioned that after you wife left your matrimonial home you paid Rs.7lac and reduced it in writing on Stamp Paper and also you have witnesses hence you need not worry.

 

Also what is clear is the intent of your in-laws. They are greedy humans who marry their daughter for money. As you paid money earlier and now you want divorce so they want to extract more money.

 

Remedy for you is to file for injunction in the Court where they filed application under S.156. Tell the court about the mutual aggreement on stamp paper and say that this was paid in full and final settlement. Also that they allegations even if true were dropped by the complainant party two years ago. Hence it would be illegal to reinstate such charges again even when you have paid Rs.7lac against full and final settlement.

 

Also in your application for injunction, you should pray to the court to put a stay on arrest of you and your family.

 

You need not worry. Just be brave and patient. Engage a good reliable lawyer. I hope you would get justice. All the best!

 

 

//peace

/Saurabh..V

Chetan Singh (SE)     24 May 2012

Thank you very much Saurabh for your support. Can you also tell, it is advisable to file counter cases on them like I want to file 420 of taking 7 lakhs money, RCR for taking wife with them, demanding money of more 5 lakhs,
mental and physical harresment which they did in past with abusuive languages and now also they are doing.

If I make medical of mine that they beaten me then would it help. My Intension is to file maximum cases on them as they filed false cases on me after two years to extarct 5 lakhs more.

Saurabh..V (Law Consultant)     24 May 2012

@Chetan

 

Matrimony should not be treated as "Matri" + "Money". And the matrimonial setup in India should never be confused from that of US or UK.

 

In India, we treat this union as a sacrament and you should understand the meaning of it.

 

By filing counter-cases maximum you can do is to threaten your in-laws (legally). They filed cases and you also do the same. What is the difference?

 

Let the matter calm down and try mediation through elders of both families. Also try seeking mediation through Court's experienced lawyers. This would also help you to find the intention of your spouse. If she wants to live with you then her family cannot force her to live away from you. If she does not want to live with you and only want to extort money just like her family, then what's the use of such life partner?

 

Regarding the medical reports, as I already advised, you should file all the relevant documents in the Court along with the Injunction application. This will make your case stronger. Any and every proof that you have should be brought to the notice of the court. Unless you don't show it to the court, how will you get the decision in your favor?

 

All the best!

 

//peace

/Saurabh..V

Manoj Kosi (Teacher)     24 May 2012

Our stupid judicial system is in favor of the women. By women, I mean a wife. Your mother, your sister, your aunt - THEY ARE NOT WOMEN in the blind eyes of our judicial system. How shameless are those parents who are depending on such money. Prostitution and garnering money through fake complaints is just the same thing. Be smart - try recording voices of that girl or her parents asking for 5 lacs and file a 'FRAUD' case against them. Do not be afraid. BE BOLD. NO MATTER LAW IS AGAINST MEN.. BUT WE ARE MEN.. WE HAVE TO FIGHT.
1 Like

Manoj Kosi (Teacher)     24 May 2012

Our stupid judicial system is in favor of the women. By women, I mean a wife. Your mother, your sister, your aunt - THEY ARE NOT WOMEN in the blind eyes of our judicial system. How shameless are those parents who are depending on such money. Prostitution and garnering money through fake complaints is just the same thing. Be smart - try recording voices of that girl or her parents asking for 5 lacs and file a 'FRAUD' case against them. Do not be afraid. BE BOLD. NO MATTER LAW IS AGAINST MEN.. BUT WE ARE MEN.. WE HAVE TO FIGHT.

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     24 May 2012

Appreciate what Manoj says.

How many more matrimonial homews will break, if thses 7Lakh & 5 Lakh continue??

 

Will Marriage system continue if misused by greedy persons to squeeze the harassed husbands?? Property, children, money, everything for wife, and only Jail, 498a ertc are for husband??

With all forged and fabricated cases?? 

Real sufferer  do not complain. 

Greedy lodges false dowrty cases!!!

Chetan Singh (SE)     24 May 2012

Sir,  I am fearing for being arrested. But my local lawyer is saying dont worry I will not let it happen to you and family since matter is 2 years old so no case can be valid.

Please advice, can it be true that assesting is not possible in this situation. I fearing day by day in tensions as police may come any time to investiagte and arrest?


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