dwaipayan 28 December 2017
Vijay Raj Mahajan (Advocate) 28 December 2017
Reply the Police with your side of the case. The false criminal charges levied against you by your wife in order to defame you in the society. Give details of what all happened from the time of marriage till date, her being a lawyer influencing the bar as well other authorities, also give details of what all she got for her as istridhan at the time of marriage and what all gifts you got from her side and gifts given to her and her parents at the time of marriage by you. Mention that she has physical possession of all the Istridhan and nothing in your physical possession but the gifts give to you and your parents/relatives if any. Do mention her acts of mental harassment and demands which have broken down the matrimonial home inspite of your living with her second time on the proposal of police authorities.
The manner the things have taken turn, your living with her will not be possible and you are ready to pay reasonable amount of alimony according to your income/financial status and go for divorce by mutual consent.
You have to take Anticipatory bail for your parents too as you got for yourself and workout for divorce proceedings against her that can be filled if the agreement for divorce by mutual consent fails in the meantime while the investigation of criminal complaint against you is being in process by police authorities.
Service of lawyer will be required for court process and you should get service of senior, experienced and competent lawyer keeping in mind her being a lawyer in practice will be influencing other junior lawyers.
I’m available for service as senior lawyer for you and contact me directly:
Vijaymahajan5758@gmail.com
dwaipayan 28 December 2017
dwaipayan 28 December 2017
Vijay Raj Mahajan (Advocate) 28 December 2017
Look lodging second complaint on same provisions S 498A IPC not bared by law, however if the matter was resolved by the court after complete prosecution, the same facts could not be used to lodge fresh criminal complaint u/s 498A IPC. In your case first complaint u/s 498A IPC was not prosecuted rather the FIR was not registered as you both compromised and the second criminal complaint is airtight complaint where section 406, 506(2) IPC were added with S 498A IPC.
"Arye bhai vakil hai hai wo",she is applying her mind for troubling you all as she must be advising other clients.
dwaipayan 28 December 2017
dwaipayan 28 December 2017
Vijay Raj Mahajan (Advocate) 28 December 2017
Well in that case the subsequent events/facts are mentioned in the second complaint/FIR that will be taken in account, events/facts mentioned in first FIR u/s 498A IPC will not be considered while deciding the second FIR.
The Chargesheet in both FIRs have to mention clearly different events/facts for court to decide prosecution under section 498A IPC. Court will decide in totality if you are guilty under both FIRs for section 498A IPC based on events/facts of each.
As far other sections mentioned in both FIRs the court will check/decide those individually based on the prosecution evidence as it will for section 498A IPC which is common in both FIRs..
dwaipayan 28 December 2017
R Trivedi (advocate.dma@gmail.com) 29 December 2017
Sudhir Kumar, Advocate (Advocate) 29 December 2017
Originally posted by : dwaipayan | ||
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Thank u Mr Mahajan for your valued advise. I want to ask one more thing, as my wife filed first FIR which had nothing against my parents nor it had any indication of 406/506(II). Second FIR was filed after my 438 was allowed which included my parents on 498a/406/506(II) and same on me. Is filing 498a on the same person twice allowed as per law? | ![]() |
Earlier there was appication only and no FIR/Trial took place so concept of double jeoparady may not operate in this case.
Sudhir Kumar, Advocate (Advocate) 29 December 2017
Originally posted by : dwaipayan | ||
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Or if I can put it in other words IS FILING 498a on the same person for the second time is allowed as per law when the first case of 498a/307 is yet to be chargesheeted by the police? Is it gonna help me prove to court that she has ulterior motives to defame me? | ![]() |
It the time you are honorably acquitted the words like "defame" should not be part of your dictionary.
dwaipayan 29 December 2017
dwaipayan 29 December 2017
R Trivedi (advocate.dma@gmail.com) 30 December 2017