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Raj (Engineer)     16 November 2011

Conspiracy by my wife's lawyer,threatening me ...

Dear esteemed members,I need your help please.

My wife was instigated to stay at her parents place after her delivery until all of her family members undisclosed demands were met.I applied for RCR and based on it she came out clear in her mind and agreed for reunion before FC judge. we lived happily for 4 months and after that her family members forcibly took her and my son after bribinh the local police and and filing a false compleint on me and my family.They told police to take any action on me and my family if i went to court for RCR or divorce.

After 2 months i sent a legal notice seeking for reunion.My wifes lawer sent me a threnning letter instead of a reply to my notice.My wife's lawers letter

1) Didn't have my wifes name, signature or address in it.It just contained "my client". 2)he used a letterhead of another lawyer.but used whitner to strike his name and printed his name.Original lawyer is a civil lawyer. 3) he threttened me to be ready to face any consequence if i went to court. 4) he mentioned all sorts of rubbish and countered each and every statement of mine with false/irrelevent infirmation. 5)he mentioned i was big threat to my wifes life and i cannot call my son as "sweet child" 6) first few pages looks like continuity of my legal notice and later few looks like a reply to my notice. none of the pages were numbered or signed,It had only my name and address in first page.

He tried to compromise my layer by asking him to include his letter in my court files in the event i go to court.based on his letter he will submit a counter later in the court. my head is spinning and bit scared on whats going around me.I trusted all lawers are true in their profession to some extent. i started doubting this. 1)Could you plese advise me exactly what is happining to me based on above information.

2)What is that my wifes lawyer trying to achieve.

3) I understand Law is in favour of female,but why should a lawyer cheat a wifes husband? Dear members please give me a solution .Also could you tell me what can i do with this ill natured lawyer?how to punish him? or is he allowed to do these in the name of some kind of legal terms.I dont know.



Learning

 10 Replies

Arvind Sehdev (Advocate)     17 November 2011

1. If that is what the lawyer calls a legal notice then I suppose you should report this conduct to the Bar Council of your area. Remeber not Bar Association but Bar Council.

2. Your wife is trying to confuse you and nothing else. Now she might go in for a Domestic Violece and maintainence and maybe 498a [dowry] too. Be ready keep a lawyer in hand dont take it casually.

3. As I said report this conduct to the Bar Council of your area. for Punjab and Haryana it is in Sector 37, Chandigarh.


But keep in mind... Hire a lawyer don't wait for some problem to turn up. Hire a Lawyer...


(Guest)

First of all ..dont worry..nothing will happen..

Officially any lawyer will become your wife's lawyer when he submits wakalatnama in the court with your wifes signature his signature. Find our whether he has done that...

Find out whether that lawyer whose name is written in the letter head really exists or it is just a fake name..they are just doing it to scare you...

Is it clearly written that " ready to face any consequence if i went to court" basically they are threateneing that they will file 498A aginst you...

He cannot submit such a letter with white ink etc to the court..you can always deny  and say to the court tha that you have not submitted this...and my laywer has cheated on me...by joining hands with the other side..the judge will listen to your more than he listens to your lawyer..so dont worry...

And, it may seem that the court always supports the wife, but very clearly and bravely faught, the court court will hear both sides...

If you have a copy of that letter, get another lawyer and file a case under section 385 of the IPC...against your wife..but first find out whether this guy is officially your wife's lawyer

385 IPC is read as:

Putting person in fear of injury in order to commit extortion.-- Whoever, in order to the committing of extortion, puts any person in fear, or attempts to put any person in fear, of any injury, shall be punished with imprisonment of either descripttion for a term which may extend to two years, or with fine, or with both.

Regards,

Ranbir



(Guest)

Or you may also file a case under section 389 of the IPC...that they are threatening to file 498A..

389 of IPC is read as follows:

Putting person in fear or accusation of offence, in order to commit extortion.-- Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of an accusation, against that person or any other, of having committed, or attempted to commit, an offence punishable with death or with 1[ imprisonment for life], or with imprisonment for a term which may extend to ten years, shall be punished with imprisonment of either descripttion for a term which may extend to ten years, and shall also be liable to fine; and, if the offence be punishable under section 377 of this Code, may be punished with 1[ imprisonment for life]. Of robbery and dacoity

FILE THE CASE AND SEE WHAT HAPPENS..

THE WHOLE SITUATION WILL CHANGE IN NO TIME..

Arvind Sehdev (Advocate)     17 November 2011

I wont suggest him to go this far....

First report this conduct to Bar Council..... If that lawyer has not sent it then and then only take further action....


But i dont think then you will have to take any action Bar Council itself shall file an extortion case in the false name of the lawyer. And guess who shall be the suspect... your wife and her family....

So go to Bar Council first.... and then if the lawyer refuses there of sending any such letter take those proceedings to the police and then register a case... dont go empty handed,,,, you'll regret...


(Guest)

If I was in his place, I would  not wait a second longer, I would file 156(3) CrPC in the local court for an Investingation...and pray to take cog u/s 385 or 389 of IPC...and start an investigation...

The court would listen and if an application of an anticipatory bail application is given u/s 438 of the CrPC he would get AB and at the same time an investigation would start...at least some documents will be on record..this will help him later incase a 498A is filed..

This will completely sheild him from being booked u/s 498A..if at all filed, he already has AB and the case would be quashed..

Since he has sensed someting wrong..it is "MAY DAY"

Ranbir

Arvind Sehdev (Advocate)     17 November 2011

Sir,

If you are an Advocate then you an I both know how long those investigations take.


If a lawyer has sent him this kind of notice then he should be reported to Bar Council and if he has not then along with those statements the person can always take the recourse of the court. But first he should have something in his hand to proove his case...

What you are saying is good is not wrong but he will not be able to get any justice out of it for the lack of evidence....

First report such a lawyer cause if the lawyer has not sent such a notice then there can be 2 cases which can be filed on the wife and her family.... one Bar will and second the husband can.... but till then he has to take this course ...... 156[3] CrPC will take time as anything can happen in police investigation when the guy is clearly saying that the police is biased why send him again to the police..... Investigations can be compromised..... So it's better to take an alternative course and gather evidences on your own...

S.B.adil rahman (Legal Consultant )     17 November 2011

The best way to defuse the immatured so called lawyer of your wife is to file a complaint of professional misconduct against him,if the notice issued under his signature  shows that he had gone beyond his professional limits. Some times it happens that the poory type of lawyers  and out of zeal and personal enthusiasim and with the motive of getting hefty amount as their fee write strong wordedly letters on behalf of their client. If the notice or letter reveales a cognisable offence against him done at the behest of your wife then you can file a criminal case of intimidation etc. against him and your wife and others in the local court  for aiding and/or abetting them to extend warning or threat to you. However, no lawyer will threat any person in writing asking him not to move to any court of law against his client. More over, first try to ascertain whether the lawyer is actually a lawyer or his letter pad has been misused by any other person and then forged by applying whitener. The matter as a whole  appears to be fishy.


(Guest)

Completely agreed with Mr. Rahman.

I completely doubt that this is done by a lawyer. No Lawyer, whether good or bad, will not do such a thing.

Hence my question was - Find out whether that lawyer whose name is written in the letter head really exists or it is just a fake name..they are just doing it to scare you...?

Ranbir

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     17 November 2011

Such matters can not be solved so easily. Court or police action will work if you can prove by evidence otherwise you will make situation more complicated.

You must also be wrong somewhere that is why things went to such an extent. Now woman find easy for witness to vouch for them even in court and defficult for men even to find a witness to tell truth in the court. This is the dilema of human nature.


(Guest)

 

Most of us suffer because there is a law and we have to bear with it, if it is misused.

We all know that majority of these 498A are false and are filed either to satisfy the ego of the FIL or with malafied intention to extract money..We know it. Then why should we not act at once..

If she can file a false complaint or send a letter threatening the husband then the husband has all the right to move the machinery…DO EVERYTHING THAT WILL PRESSUREISE THE OTHER PARTY..IN THESE MATRIMONIAL BATTLES, NO ONE WINS, THE PERSON WHO IS PRESSURISED LOOSES…SO PRESSUREISE THE OTHER PARTY FROM THE VERY BEGINNING..FIGHT AN ECONNOMIC WARFARE..MAKE THEM LOSE MONEY..YOU ARE ALREADY LOOSING, MAKE THEM LOOSE MONEY TOO…UNLESS THE OTHER PARTY IS A MULTI-MILLIONER THEY WILL SUCCUMB TO THE ECONOMIC PRESSURE..

Above all ,MAKE THEM HAVE THE SAME FEAR THAT YOUR FEARED EARLIER…COURT, JAIL AND POLICE STATION…you are already through with jail and police, and you know that once you are on bail, nothing much can happen, but they don’t know it, because they have  not gone through it..let them go through it..

Why this does not happen?

Because the lawyers are not ready to act in the same pace as you want them to act. They will just not act (No offence to the other ones who act swiftly, I have recently come to know many who are willing act fast and help you, after 2 years of struggle)..always I have got the same answers…..”We will see when the time comes”..and this will lead to disaster..you will loose time…Be sure that the time never comes…they will not act..and after all the damage has been cause you will change him. See – he still did not act..

I have changed 4 lawyers for my DV case..Now with the 5th one..let see how it goes..after having ideas from this forum I have drafted and file section 91 CrpC summoning the Income tax commissioner for the IT returns of the FIL and 25(2) of the DV act and submitted, in a court, in a place 2500 Kms away from my place because my lawyer was not acting..

Also Know that, if your wife has a sister or if your FIL has retired or is going to retire, or a government servant, then they will succumb much faster..keep these things in mind..

The reason, why most of us are stuck, and lose a lot of money is that we do not act at once. The fear of court, police and jail compels us to give a huge amount of ransom to the other parties…

The reason is we lose time. We know everything, we are all intelligent , we have the knowledge acquired from these forums and by reading judgements and later say “ohh..I should have done this..or I should have done that”

In this case, he has all the right to file 156(3) in the court praying for an investigation..or filing a private complaint under section 200 CrpC.

What will this act of his do?

Well, this will put the other party under pressure and this is what we want..they will run, bribe the police but they will be stuck…TRUST ME..THEY WILL BE STUCK BECAUSE, LIKE YOU ONCE WERE, THEY ALSO FEAR COURT AND POLICE…ENCASH THAT..

Your right to set the machinery into motion has been confirmed by the Apex court in the case of  A. R. Antulay vs Ramdas Sriniwas Nayak And Another on 16 February, 1984 (AIR 718, 1984 SCR (2) 914), where the apex court has stated that It is a well-recognised principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The Scheme of the Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus Standi of the complaint is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complaint, by necessary implication the general principle gets excluded by such statutory provision. [923D-F] While s. 190 of the Code of Criminal Procedure permits anyone to approach the Magistrate with complaint, it does not prescribe any qualification the complaint is required to fulfil to be eligible to file a complaint. But where an eligibility criterion for a complaint is contemplated specific provisions have been made such as to be found in ss. 195 & 199 of the Cr. P. C. These specific provisions clearly indicate that in the absence of any such statutory provisions, a locus standi of a complaint is a concept foreign to criminal jurisprudence. In other words the principle that anyone can set or put the criminal law in motion remains intact unless contraindicated by a statutory provision.”

He also has all the right to move the machinery by filing a private complaint under section 200 CrpC or a complaint under section 156(3) of the CrPC praying for an investigation, against any one, if he feels that he has been threatened and intimidated by that person..

Ranbir


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