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Shaz (Senior Engineer)     09 November 2011

Fake case against me..498a,406,ipc34,37, cyber law -- help !

Hi All,

In continuation with earlier posting (https://www.lawyersclubindia.com/forum/Habeas-filed-pressure-from-police-to-divorce-45316.asp), here is the update

So, in the previous posting, i was seeking the help of High Court by filing Habeas Corpus. The local police produced my wife at court and there she said that she doesn't want to go with me and also stated that me and my family were demanding for more dowry and the case got over there.


Few days after, we started getting calls from the police near my wife's place. This time it was the Circle Inspector. He said he want to us to go for a negotiation where in we have to give her whatever gold that is left overwhich when he listed out, proved to be unfair as he was asking for more gold that what is actually left in the locker and he said my wife doesn't have any of the gold and diamond jewels that I bought her. Which means I have to give her more gold and I wont get any of the gold I bought her.

Having already received the notice from the lawyer and having publicly rejected by the wife at court, I divorced my religiously by sending out a written TALAQ to the local JUMA MASJID where my marriage was registered.

In the mean time, we also filed for a anticipatory bail at high court. And to make things worse, the local police at my wife's place joined the case and submitted a note opposing me being granted bail stating 498A, 406, IPC 34, IPC 37 and some section in the cyber law (citing that i published her nude photos in facebook which is a clear lie as there doesn't exist any and I am not dumb to post anything like that to my facebook which has over 400 friends.)

I don't know what to do now. All we can do is reject all these allegation citing the various things I have done for her and other proofs. But if a girl is saying things like this, then our law gives them the benefit right?

My doubts are

1. I have religiously divorce my wife. Can she still sue me with all the allegations? Its been 2 months since she is staying at her parent's home without even making any complaints against me.

2. What are the probability of me getting a Anticipatory bail with these allegations in front of the court?

3. What will happen if court rejects my bail application?

4. Can the court reject my bail request and order the police to arrest me and my family?

5. What will happen if they arrest me and my family?

6. I have some evidences against her parents regarding forging government documents and other stuffs. Should I file them to loosen their grip on me?

 

Seems like this tension is eating up my normal life..Help me friends..give me some advices..

 



 9 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     09 November 2011

 

 

1. I have religiously divorce my wife. Can she still sue me with all the allegations? Its been 2 months since she is staying at her parent's home without even making any complaints against me.

HAS THE TALAAQNAMA BEEN SERVED PROPERLY? IF NOT, SHE CAN STILL FILE THE COMPLAINTS.

 

2. What are the probability of me getting a Anticipatory bail with these allegations in front of the court?

THAT WOULD DEPEND ON THE FIR CONTENTS, COURT'S PRACTISE, WHICH PLACE THE CASE IS IN

 

3. What will happen if court rejects my bail application?

YOU EITHER MOVE HIGHER COURT FOR ANTICIPATORY BAIL OR SURRENDER AND SEEK BAIL.

 

4. Can the court reject my bail request and order the police to arrest me and my family?

YES.

 

5. What will happen if they arrest me and my family?

YOU WOULD HAVE TO SEEK REGULAR BAIL.

 

6. I have some evidences against her parents regarding forging government documents and other stuffs. Should I file them to loosen their grip on me?

:-) MY HOUSE IS ON FIRE AND I WANT TO GO HUNTING. FIRST SAVE YOUR SKIN DEAR.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

shaik abdul (tl)     10 November 2011

 

 

IF YOU WANT JUSTICE CHANGE THE SYSTEM, NO SINGLE PERSON CAN CHANGE THE SYSTEM, CHANGE IT BY SIGNING THIS PETITION TO AMMEND THE 498A, MAKE IT BAILABLE AND PUNISH FALSE COMPLAINANT. THIS WAY YOU CAN GIVE FUTURE MEN A FEAR FREE INDIA .....

DOGS ARE SAVED BUT NOT MEN WE NEED TO RAISE TO GET OURSELF OUT OF THES MEN HUNTERS AND NEED EVERYONES SUPPORT....
 
 
Please sign this online petition...though it is meant for US but it has done wonders for Dogs of hyderabad.
Please go to this link and see your self.
 
Jaspreet below has opened a new petition I have just signed it and request you all members to sign it and the old one which was opened by SIFF 
 
 
 
PLEASE PLEASE FORWARD THESE PETITIONS TO 1000s OF YOUR FRIENDS EVERY SIGNATURE IS IMPORTANT PLEASE PLEASE FOR EVERY MEN'S FUTURE THIS IS IMPORTANT.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     10 November 2011

Mr. Sonee kapoor Is right


(Guest)

Read the Muslim Marriage Act,attached as a PDF file.


Attached File : 143149 224043 38 muslin marriage act.pdf downloaded: 82 times

Shaz (Senior Engineer)     11 November 2011

The muslim marriage says that the husband can say "Talaq" but I am still confused whether that would stand valid against the law.

I forgot to say that I married my 1st cousin (my mother's younger sister's daughter)

If what I read is right, this is not a valid marriage as High Court itself has said it in a case similar to mine (you can read about that in https://articles.timesofindia.indiatimes.com/2010-09-14/india/28236746_1_hindu-marriage-act-cousins-bombay-high-court

So should I go ahead and file for annulment of this marriage as well?
 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     11 November 2011

Unless your case is in Maharashtra, it is still a valid way for Sunni Muslim men to give Talaaq to his wife. But a necessary consdition is that Talaaqnama should be served properly to the wife.

 

 

Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

(Guest)

Qazi would be the the best Judge. TallakNaama is filed with him and when wife appears after service Say Talaak thrice or as per what Qazi advises. This a valid marriage and not prohibited biologically.


(Guest)

BTW matter doesn't end there. She can always refuse Tallak in which case you have to appeal which fails in most cases. Most people don't know historical reasons for providing shelter to muslim women as visualized and explained in Quran. Get Muslim Jurisprudence expert.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     13 November 2011

If Talaaqnama is properly sevred, she can not refuse divorce.

 

 

Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

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