Fir case affecting us green card holder

Thanks Mr. Sudhir

What can i do to protect my parents out of any imminent dangerous situation?

 

Originally posted by : RK
	Thanks Mr. Sudhir What can i do to protect my parents out of any imminent dangerous situation?

you can still try some peaceful negotiation whic in your case doe snot appear to be very easy now.  still chance cam be taken.

In case process of law is initiated it is cruel.  You may have to seek permission of the court to be out of India during trial or sels lose job in US and be in India.

Even staying in jail with parents need to be avoided.

The amount she is demanding may be sounding much higher but considering other factors you may weight pros  and cons.

Autohide: Please refrain from replying to my posts, i don't need any favor from you.

You sound immature and ruthless.

Sudhir

What s the basis of FIR? I am staying separate for more than 2 years and my wife is doing FIR now and that too, based on what...how courst judge evidences?

What kind of system is going on in India?

someone suggested

 

"There is supreme court judgement that people cannot be arrested under 498a without proper notification from police to join investigation. Unless they have given proper notice, they cannot arrest you or your parents."

 

Good input.

Yes there was a Supreme court orders to that effect.  But there is no order that ther ewill be no arrest.

If a case is registered then any advisory given by US State Deptt is not of any help to you. It is not enforecebale in Indian courts.

 

You need to take matter seriously and get out of it. 

Originally posted by : RK
	Sudhir What s the basis of FIR? I am staying separate for more than 2 years and my wife is doing FIR now and that too, based on what...how courst judge evidences? What kind of system is going on in India?

The bais of FIR can be commented only on perusal of complaint.

 

What kind of system is going on in India?

this forum cannot justify the system in Indian Courts.  But this is the system in which you hav eto operate.

The response ot AUTOHIDE 147 may look harsh but actually it is in your favor. Just analyse it with cool mind.

 

More over you want free advice so can not direct who should reply and who should not.

 

NRI can be troubled hence marriage cases are put in Indian courts by  spouse, either you compromise or fight..

.  Indian legal system provides enough space for people like you to fight the cases and come out of it. But you have to engage expert legal help.

I am looking for a senior lawyer based in faridabad.

Please let me know some contacts.

Thanks

Rohit

Please check PM.

Hello Everybody

Could you give a piece of advice? FIR 498a, 406, 506 has been filed against my parents. Police sent a simple letter asking my parents to join the investigation. In the meanwhile, we hired a lawyer to apply for anticipatory. Looks like he did not get it or can't get it. Now, lawyer is asking to arrange for surety of two people. My parents are going to police station tomorrow to join the investigation.

I want to know:

Without issuing any notice of arrest, what is the point of arranging surety?

In case, police officer issued arrest notice there itself when my parents go to police station. Then, also, my parents should have a few days before police can arrest. is it true?

Is it possible for court to mention in the court order statement, saying that bail can be given after surety?

I don't want my parents in any kind of trouble. Can you please suggest?

Thanks

My query is without giving notice of arrest, how arrest can even happen in the police station. That too my wife filed false cases after 2.5 years and this is the first time they are going to police station to join the investigation My wife lived with me mostly and not with them . It's a false complaint

They have not received any 41 or 41 A notice from police yet. A simple hand written letter saying to join the investigation on 14th Sept. But our lawyer told my parents to not to go there. In fact, he went to session judge to ask for anticipatory bail, and judge told for hearing on 26th sept. In the meanwhile, lawyer told my parents to join the investigation and bring two surety with them. This is the situation.

Originally posted by : autohide4u
	If there is arrest, police will have to present them before magistrate within 24 hours where they can seek bail. Also they have to be given medical checkup while in police custody. They have right to remain silent and not say anything to police, they have right to lawyer also.  Parents won't feel any trouble, don't worry.

Slight deviation.

This is Indian Police.

 

the necessity of medical examinatin and 24 production arises only when police records the arrest.  This doe snot happen when they ask soemone to cometo thana and sit there dusk to dawn, eat his own food and sign undetaking to come next day or being  kept in lock up without record of arrest.

 

In US arrested persons has a they have right to remain silent and in India police has right  (rather duty) to make him speak like parrot. His confession in custody is not evidence but recovery of evidence resulting from such "interrogation" (you know how they do) is evidence.

 

In India you should never underestimate the person wearing a khaki dress with star on shoulders with red blue stipes, red chip on cap (below crest) and being called daroga

read your  whole of blog.

 

You nowhere indicated as to what are the allegations and how do you yourself know (not just believing or trusting) these to be false.

 

In your case

 

(1)        you are sitting abroad. 

(2)        You are not witness to daily happening of house

(3)        Most probably you have to trust what is communicated by your parents and your wife.

(4)        You are duty bound not to disbelieve your parents.

 

and yet believing (and expect everyone also to believe)  that 

 

(i)         your wife alone is wrong

(ii)        allegations made by her are false.

(iii)       Everyone has a duty to believe the allegations to be false

(iv)       you need not come to India.