| Originally posted by : Advocate KayBee | ||
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Mr. Siddique, Please file an FIR against your wife & her MIL for house trespass & criminal intimidation. As this is a private offense, At the same time, file a concurrent DV application before your local area JMFC. You will easily get copy of Form-II from your local police station. Select the 'physical domestic violence' option, when filling up the form, as its contents apply to you. Your being 'Islamically' divorced makes it easier, assuming that you were divorced on statutory grounds of cruelty. Regards the evidence aspect, file an applicaton before the local area JM to direct the FSL laboratories to extract the evidence you suggest to back your case (i.e. voice recordings). Get these recordings certified from the Competent Authority u/Sec. 65B of Evidence Act. Only then will you have relevant evidence in your favour suitable for admission before the court. For further queries, you may contact me at basu_kunal@hotmail.com. I will be more than happy to advise you. Regards Advocate Kaybee |
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Hello Mr. Kaybee,
Thanks a ton for taking time to post comprehensive reply; much appreciated !
Reg. FIR against the ex-MIL, is it a fit case for an FIR ? I have already lodged a NC but the Police says hire a lawyer & get the eviction order of ex-MIL from the court. (Now I simply don't have this much time & patience for this court process as every passing minute in my house is like hell & emergency). I simply can't understand why the Police is not taking action & evicting the ex-MIL (atleast) from my house considering this is a clear case of criminal tresspassing ?
==> At the same time, file a concurrent DV application before your local area JMFC. You will easily get copy of Form-II from your local police station. Select the 'physical domestic violence' option, when filling up the form, as its contents apply to you.
Good suggestion Sir, but is this mandatory to get the eviction of ex-MIL from my house based on the case of criminal tresspassing ? as at the moment, I'm don't want to take the route of court but still I will consider this option.
==> Your being 'Islamically' divorced makes it easier, assuming that you were divorced on statutory grounds of cruelty.
Yes, though I have divorced her in front of some witnesses because I was suffering from immense cruelty/torture & desertion by her since last 7 years (dennial of physical intimacy, picking-up kitchen knife to attack me during altercations, staying out of the home overnight without my knowledge etc.)
==> Regards the evidence aspect, file an applicaton before the local area JM to direct the FSL laboratories to extract the evidence you suggest to back your case (i.e. voice recordings). Get these recordings certified from the Competent Authority u/Sec. 65B of Evidence Act. Only then will you have relevant evidence in your favour suitable for admission before the court.
again a very nice idea & suggestion Sir but as I said earlier, I'm reluctant to take the long-draw court route (if need be at later stage, I will take this route certainly as suggested by you) but I would like to also know if the Police can't take direct cognisance of the ex-MIL's abuses recorded in my mobile & register a case of criminal intimidation against her & evict her from my house ?
==> For further queries, you may contact me at basu_kunal@hotmail.com. I will be more than happy to advise you.
Ok Sir, thanks so much, I will email you in a while.
Thanks a ton once again Mr. Kaybee for your valuable time & advise.
