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Subhasini (house wife)     23 April 2014

Father gave wrong details, 498a counter cases

Dear Experts,

I filed 498a case and DVC on my husband and his family (10 members) last year. My father is a Sub inspector of Police in Andhra pradesh. in my child hood,I was not eligible to get seat in Govt. Residential School(Scheduled tribes) and not eligible for schollerships/loans.So, my dad did a mistake that  written my father younger brother name as my father's name  in  my Schools(my uncle is a labour). the same thing did for my brother also.In all certificates and passport also we have my uncle name as father's name. Even in 498a and DVC case also I have mentioned my uncle name as my father name. My husband knew this from the past of my marriage.  Now he is threatening us to withdraw cases otherwise he will file counter cases against my father, brother and me. What kind of cases/section(IPC) he can use to file case against us? . to whom he will  escalate this thing?. Is it really creates a problems? 



Learning

 13 Replies

dv (ghvhb)     23 April 2014

I am not a lawyer but as an advice Resolve the issue peacefully by talking . Take help of some elderly and legal advisors. As far as your query there can be no mistake in naming yhe father and what you have done is legally wrong and does have severe consequences including cheating and forgery.

dv (ghvhb)     23 April 2014

He can escalte it to magistrate who can ask the police to take cognizance and file non bailable charges as it is a case of forgery

Adv k . mahesh (advocate)     23 April 2014

1. cheating the government under pretext of getting extra benefits for whom the government had given for poor and needy persons

2. misrepresenting the municipal authorities for the benefit 

3. you wanted to harass your husband and other 10 members may be the acts done by them is really violence against you or may be false but now your tail is in your husband may be in this 498a or dv this would not be taken as serious but the court will direct the appropriate authority to take enquiry against your father 

4. the enquiry will root to suspension of your natural father from service 

Adv k . mahesh (advocate)     23 April 2014

what your lawyer says about this situation 

Subhasini (house wife)     23 April 2014

My lawyer says as follows 

 there is no harm and  it is a kind of adoption. so , no law will harm.  Doing DNA test and all is for big cases not for small cases like this. its very difficult to prove it.

498 A fighter (Advocate)     23 April 2014

check you inbox

Anand Bali Adv. (Advocate Solicitor & Consultant)     23 April 2014

Dear Friend,
It is true that if you take the adoption as a defence you can take but in this the terms of giving and taking ( accepting) prevails. In case your Uncle is there to accept you as an adopted daughter you have the perfect defence for the same but remember rule is "Once adopted ever adopted" in this case you will be loosing any right to the your father's property if he dies intestate so in this case he should bequeath his property in your name and other's name too as per his wish and on the other hand you will be able to claim the your uncle's property as your father after his death. there is no question arises to prove any ceremony of this regard.

Husband can move for the cheating and misrepresentation case under IPC clubbed with the charges for getting undue advantages by filing false information in government records and by this depriving others true candidates of the same category demanding damage for them and a punishment your your father's act under IPC where hr also can loose his service if he has shown you as your dependent in any of the records.


For further legal assistance on nominal charges,  you can contact undersigned on below given  phone number.
Advise, always take assistance from an experienced and well educated Advocate of the field. You can see my credentials on site for my appraisal.
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1 Like

Sudhir Kumar, Advocate (Advocate)     23 April 2014

those who live in glass houses should not pelt stone on others.

Sudhir Kumar, Advocate (Advocate)     23 April 2014

You are not coming with full facts.  It is not understood as to how uncles name and ST benefit are connected.

 

Apparently your father did a fraud to enable you to get benefits and in real life he continued as your father.

You, your father and brother and uncle appear to be criminally liable alongwith all those person who are connected with issue of your certificate.

 

who will believe that a man in police having risen to the level of sub inspector will be so forgetful that he will write wrong parentage of his children in school. Had he been throughout his career arresting persons with wrong idendity and they getting acquitted and he continued in service. Or had been writing wrong particulars in panchnama while confiscating evidence?

 

If it is really a fraud then if reported to department it will be a matter sufficient to render your father without pension.

 

In cross examiantion in criminal trial of your husband (even if the charges are true) you have to establish your indentity and it will be difficult for you to stand in court.

fight (personal)     23 April 2014

Get divorce through mutual consent, put withdraw all cases as condition and that you will not file cases against each other. forgive and forget each other...live happy in your own worlds.

fight (personal)     23 April 2014

Get divorce through mutual consent, put withdraw all cases as condition and that you will not file cases against each other. forgive and forget each other...live happy in your own worlds.

dv (ghvhb)     23 April 2014

Agree with fight Adoption ..lol What makes you think the judge will buy the story This is going.to open a bottle.of.worms You th8nk it will be restricted to only your husband He will inform other authorities who approved the loans and scholrships based on your lies Do you have adoption papers Adoptoion is a legal.process not daily soap

dv (ghvhb)     23 April 2014

Agree with fight Adoption ..lol What makes you think the judge will buy the story This is going.to open a bottle.of.worms You th8nk it will be restricted to only your husband He will inform other authorities who approved the loans and scholrships based on your lies Do you have adoption papers Adoptoion is a legal.process not daily soap

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