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shalini Arora (jjj)     31 January 2012

Mutual divorce

Hi,

 

This is my new thread. My brother caughter his wife with a unknow mobile phone. After investigating we found that his wife has an affair. She confessed and wrote a letter under my father's pressure before leaving my brother's house. After she left, she complained against us in the police. My brother was all threatend and ready to give the letter and the mobile to girl if they take their complain back. My father played a big role and somehow he convinced the girl side and with out giving the mobile phone and letter, the girl side took their police report back. ( the letter she wrote has sign of her parents as well as my parents)

 

Now they are asking to keep their daughter to my brother's place. We are still invesigating my brother's wife charater and more we go more we are finding her charater suspicious. We don't mind to forgive her if its just her mistake and she is ready to accept her mistake. She is not at all ready to admit her mistake inspite of all evidences and her own confession letter. We are suspecting that she might have more than one affair. Her mobile has many number which she has dilaled many times in past few days.  I have a few questions below

 

1. what if they complained again against us. Would police take their repeated report?

2. What if they are not ready for mutual divorce. We don't want to go by contested divorce as I heard it take many years. My brother is a very very simple man.

 

Please advice us and let us know what is the best way to proceed. It is a seven year of marriage and we couldnt recognize her charater in these days as she was perfect making us fool. All the people in the street knew this accept us. We have the following proof agains her

1. mobile

2. confession letter

3. the police report which they took back

 

Thanks alot for your help in advance

Shalini



Learning

 20 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     31 January 2012

1. Why your brother wants to stay with an adulterous woman what you suspect?

 

2. Complaints would only result in cases, but taking her back would result in ruining lives.

 

3. You can initiate a case for divorcfe if they are not agreeing for MCD.

 

4. Get in touch with an effective lawyer with all proofs to see how you are placed for a contested case.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

shalini Arora (jjj)     01 February 2012

Ton of thanks for replying.

 

1. My brother wants to take her back because of the following reasons

a.  My brother has two sisters me and my young sister (both are married). He is asking what if his own sister had done this mistake.  But the girl is not ready to say sorry...

b. He is scared of police and court. All of his mail friends are telling that Indian law is biased for girls.

c. The girl side already threatened him and my parents.

We have met a lawyer yesterday and he is also suggesting the same thing as you. Mean while I have a question...

 

"What if the girl side complains again before we start the process? Do we have any law to save ourselves"? My brother is initiating process by tomorrow but sometimes things are not in your hand it might delay for a day or two."

 

The girl called my mother yesterday and told that she can come back if no one will say a word to her. Also if we don’t want her to come then she needs her six year old son back. If we don’t do this she will do whatever she wants to do.

Please help me

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     02 February 2012

Chori or Seenajori.

 

Let her do what she wants, show some spine.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

**Vikram** (Managing Partner)     02 February 2012

She can very easily file some false cases to save her face...and put your brother and family in trouble...

 

If at all she files a complaint she will file it in the local police station. You can inform the same local police station AS SOON AS POSSIBLE that she is again threatening to file a case against all family member...despite her accepting that she had an affair and also show the letter and cell phone etc..Tell them that she is doing this only to safeguard herself from all the bad name she will earn in case the matter goes to court...

 

If required, you can "somehow" (hope you understand how..remember that they eat everything...kya kya nahin khate woh loog) ask the SHO to give you some time in case there is a complaint..then you can approach Sessions or the High Court for Anticipatory bail with all the proof that you have...this will save you from being arrested...till the disposal of the case..

 

You can also simultaneously file divorce...contested divorce takes time..but how does it matter...

 

I would also suggest not to delay in filing divorce because, in case she files 498A after filing divorce, the same may be quashed in the HC with little effort...

 

Vikram

shalini Arora (jjj)     02 February 2012

hi Vikram,

Thanks for yoru detialed reply. My brother is so much threatened that I am here to help him. I have a few more questions below

1. do you think people at her local place will take our complain? I heard that letter and the mobile is of no use in court.  I talk to the gilr very politely to know the matter. She was seems to be trained by her lawer and told me that my brother forced her to write this letter and he only kept this phone near her bed so that he can prove his wife is a characterless gril. She also told me that my brother has relation with other girl blahh....How police will listen to us...we are not very rich family as much as they...

2. We are doing our best to applying for filing divorce. Every one in this forum is suggesting this. I just want  to know how we can be safe doing so. If we apply for divorce and the gilr complain in the police, will police not take my brother, sister and parents to jail? I want to learn the technical stuff. Here .

**Vikram** (Managing Partner)     02 February 2012

 

1. do you think people at her local place will take our complain? I heard that letter and the mobile is of no use in court.  I talk to the gilr very politely to know the matter. She was seems to be trained by her lawer and told me that my brother forced her to write this letter and he only kept this phone near her bed so that he can prove his wife is a characterless gril. She also told me that my brother has relation with other girl blahh....How police will listen to us...we are not very rich family as much as they...

 

Not the Local Place..the Local Police Station...I am not asking you to make a complaint..but only to inform the Police Station that she is threatening and may file a complaint anytime..


If she files a complaint she will file 498A, 406 of the IPC or a complaint in the Dowry Prohibition act..all these sections are non-Bailable and the accused will be sent to jail till he gets bail.


The alleged incidents as she would narrate i.e your brother calling his wife characterless will not call upon 498a or 406 or anything in the Dowry Prohibition Act..but the police and her lawyer will frame the complaint in such a manner so as to bring about charges under the above mentioned sections..which are non-bailable..THIS IS THE NORMAL OPERATING PROCEDURE FOR MOST WIFES WANTING THEIR HUSBANDS TO GO TO JAIL...

 

(do not be afraid..these are some facts you should know when you are in such a mess)

 

 

2. We are doing our best to applying for filing divorce. Every one in this forum is suggesting this. I just want  to know how we can be safe doing so. If we apply for divorce and the gilr complain in the police, will police not take my brother, sister and parents to jail? I want to learn the technical stuff. Here .

 

Do not be afraid...this is the reason I am asking you to establish some contact with the local police station..so that In case there is an FIR, they will inform you and then you may abscond and apply for anticipatory bail from High Court or Sessions Court.

 


Vikram

shalini Arora (jjj)     02 February 2012

thanks a lot vikram. Let me tell all this to my brother so that he can listen to his lawer and complain in local police.

 

I have one more question. In the letter teh girl has confessed that she has an affair with a boy name "".  This boy  lives in the same street where my brother lives. Police will see this letter and mobile which also has many message from this boy's mobile. That person belong to a big party and they may threatend to my brother? I am sorry to ask such a stupid question. I and my brother has to be very brave to handle all the situtation.  Thanks a lot. I will update on this matter soon.  You have a great patience Vikram.

**Vikram** (Managing Partner)     02 February 2012

One more thing..there is another section..IPC 497 which is "Adultry"..it reads as

 

497 : Whoever has s*xual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such s*xual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either descripttion for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor

 

You can file a private complaint in the court u.s 200 CrPC or file a complaint u.s 156(3) of the CrPC asking the court for an Investigation.  The court will direct the local policestation to make a FIR.

 

Also you can mention that her boyfriend is giving her all bad ideas to file a 498A or DP act aginst her husband, They are conspiring against us and pray to the court to start proceedings against your bhabi and her boyfried. For this they will be booked u.s 120B IPC (Conspiracy).

 

The person who is having a affiar with your brothers wife will be booked under section 497. In the complaint mention the letter and the cell phone records etc etc...and your bhabi and her boyfriend will together be booked u.s 120B IPC. 

 

After they are booked, especially the guy your bhabi is allegedly having affair with, will not be able to touch you. You can also mention in the application that - you fear that the man might harm you, so that this thing will be on record.

 

You have to do this immediately. In case she files 498A, the police will not act immediately and you will have all the time to go for Anticipatory bail.

 

While you file divorce, attach this copy of the FIR.

 

This is  how you will be completely protected. You will have to act fast. 

 

PLEASE TAKE SOME LEGAL ADVICE FROM A GOOD LAWYER.

 

Vikram

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     02 February 2012

Vikram you have packed so much advice that now arora will sit on the head of any advocate.

Proof of adultry is not that simple , morever the reputation of other person is at stake so how you expect him to keep quite.

**Vikram** (Managing Partner)     02 February 2012

@JSDN

The idea is protection againt 498a - get anticipatory bail easily and divorce....not to get the boyfriend punished

 

She is scared for her brother and her family -

 

Once she starts acting on the points I have mentioned  - the other party will take a step back  and may not file 498a or DP act - and also her bother will get divorce with realtive ease.

 

I did not know all these things, when 498A was filed aginst me...other wise, I would not have suffered the way I have suffered for the last 3 years...I would have taken my wife and her family for a joy ride in the courts..

 

As per my experiene, no lawyer acts fast, they will not agree to what you say and will do what they want...one has to invariably sit on the head of his lawyer to get things done..

 

Vikram

**Vikram** (Managing Partner)     02 February 2012

And like Shonee said - "SHOW SOME SPINE"...Perfectly said..

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     02 February 2012

All the alleged sufferes of gender biased laws are blaming the other side , but you brough a cloth after due scrutiny cut it stiched it used it. It has lost its original grace and value. How to compansate it , all laws to help them is just a drop in ocean for this value erosion.

shalini Arora (jjj)     02 February 2012

I am trying to understand all these terms are used here as law is not my back ground. My father is having an appointment tomorrow with the lawyer. I will send a copy of this conversation to him. He is well educated person so can understand this conversation better than me.  I will ask further question after understanding this converstion and discussing with my father.

 

Meanwhile I want to know that we have hired a civil Lawyer. Is there any specific lawyer we need for divorce cases?

Please keep replying as I dont want to do any mistake that my brother and family suffer when they are not on mistake.

 

 

.

**Vikram** (Managing Partner)     03 February 2012

You can discuss with a good lawyer..for Divorce a civil laywer Is Ok..but for Anticipatory Bail (if required), or filing a private complaint or filing a complaint u.s 156(3) CrpC..you will need a good criminal lawyer...

Good that you are taking action...

 

Vikram


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