Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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victim need help (HOUSEWIFE)     18 December 2013

Help needed for sec239/227

Dear all, Kindly help me in below mentioned case. I married since 2008 and have a 4 yr old son. In 2012 , my mother in law and husband sent me to my matrimonial home because my mother was ill and they kept my son with them as they suggested me that it is not advisable to take such a small child to my home. (My mother's home is very nearby to my matrimonial home). My husband used to come and meet me there only. After 4-5 days when I was supposed to go back to my matrimonial home. My husband told me that someone in family has expired and they are going to Jammu for days. After that he stopped talking to me. I tried his and other relative no but nothing helped. After 11 days when I found out that they have come back. I went to my matrimonial home. But my mother in law and husband did not allow me to enter and they hired a security guard who threw me out of the house. I made a police complaint to nearby police station and there I found out that my husband had already lodged a complaint againt me that I have run away from house living him n minor son. After hearing the story police came with with me and asked my husband to allow me to enter in home. But he called some advocates and showed some summons of custody of child. after so much of drama my husband told me that he is sorry for what he did to me but he cannot convince his mother right now. He suggested me to go back and promised me that he will within 2 days to pick me from my mothers place. He never came back and when I asked him he said tht he is disowned now and has no authority to take me home. I again went to police station and they dvised me to immediately go to my matrimonial home. After making call to mahila ayog I went to my matrimonial home and sat outside the gate because they did not open the gate. When mahila ayog lady came she called the police and my in laws over phone. she asked them to open the door but they refused. They that lady called her senior and took permission. she instructed me to break open the door and take entry. now my inlaws have filed a trespassing case against me n my family. No FIR was lodged and they went to court for this (under section 156). after recording statements of my husband, mother in law, brother in law. they summoned all of us. They mad police also a party to case but judge has removed them as accused. all of us had to get the bail. Charges are yet to formed. There is no evidence on record of offence, (only photographs of house, door and phone details of my mother in law making call to 100 no. has been filed) I want to ask that they have unnecessary dragged my entire family into this.and it is humiliation to attend courts as accused without any fault of us. I am already having so many litigation on several courts. can we go for discharge of accused under above mention section. Any other remedy available, do let me know.


Learning

 3 Replies

MOHANA SUNDARAM (Advocate High court Madras. M-9840908555)     20 December 2013

you did not mention under which section you are being prosecuted. If you are prosecuted for the offence of criminal trespass or house trespass, then you cannot file discharge petition as they are summons cases. Hence you can file quash petition before your jurisdictional High Court.  If your facts are true then it will be definitely quashed. You can also file a petition under domestic violence act and can obtain residential order which would enable you to live in your matrimonial home. Madras High Court judgement in 1988 LW (cri) 178 Noble Vs State is in your favour. try it and best of luck.

victim need help (HOUSEWIFE)     21 December 2013

Thanks sir for your reply. the sections are 451/427/34. I have already obtained the residence rights under DV. But the pblm is house is in my mother in law's name. She has file injuction suit and also suit for possession against me. My husband in collusion with my MIL has left the home and residing in sister in law's place ( in court he says that he is staying in separate rented house). My question is can this residence right be permanent for me or I will be asked to move out of tht house.

victim need help (HOUSEWIFE)     11 February 2014

dear sir kindly reply

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