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sailaja (worker)     16 February 2016

My husband files fir on me

Hi Team,

This mail is regarding,my husband filed Divorce case on 18.05.2013 exactly after one yesr of our marraige ,and filied DVC case in Malkajgiri copurt.

In DVC monthly maintaince is granted for 5k my husband paid me in Dec 2016 ( 5000 )& Jan 2016 (4000 ) ,I received Interim maintaince order from July 2016 he paid till now only for 2 months.

In Divorce and DVC petitions he is stating that my wife is not coming to my place she herself moved out of my place.

On 13th January 2016 i went to my Inlaws home along with my kid ( 3 years ) all arguments and discussions were taken place in front of colony memebers and infront of some well wishers they confirmed that they are compromised and put me and husband in some out of locality for rent.

Now my husband and in laws filed FIR on 20.01.2015 under section 448 , 324,354 & 506 IPC reason saying that me and my family beated them and damaged thier home belongings and snatched gold chain by stating all false allegations.

My question :

Now what will the procedure of FIR through police and what action will be taken from them and how will be the proceedings now.

Now CI called and asked to come along with my parents and also said their will also be coming so that he will counsell our families.

Under the above sections what is the procedure will be taken place and how should I come out of this.

Request you to advise me .

Thank you,

Sanntoshi



Learning

 7 Replies

Adv. Yogen Kakade (+ 91 9225510883)     16 February 2016

Hi,

Check whether they have filed a complaint of it is a registered FIR. If it is FIR then whether the FIR is registered without making basic investigation and without your knowledge by the police.

If it is FIR duly registered by the police, then you have to go through the legal procedure. 

Firstly file an application for AB immidiately.

Adv. Yogen Kakade

Jurycon Incorporation

Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in   Call: 020-65248888

Sudhir Kumar, Advocate (Advocate)     08 May 2016

agreed             

adv.raghavan (Advocate,9444674980)     09 May 2016

Endorsing the above said views and adding to it,I donot think they will go for FIR registered, as it will be handy for you in Dv proceedings, according to me, your husband and Inlaws, instead of mitigating the matter had litigated it further for themselves.

Siddharth Dev (Advocate)     27 May 2016

it do not matters whether it is police case (FIR) or complaint case ultimately you have to suffer legal consequences so i advise you to hire an local advocate and contest this case and further if you can not afford any advocate you may get Govt. lawyer ( Legal Aid Counsel)

Thank you

Siddharth Dev (Advocate)     27 May 2016

it do not matters whether it is police case (FIR) or complaint case ultimately you have to suffer legal consequences so i advise you to hire an local advocate and contest this case and further if you can not afford any advocate you may get Govt. lawyer ( Legal Aid Counsel)

Thank you

Pawan S (Advocate)     27 May 2016

How you come to cognize, that your husband has filed FIR against you? 


(Guest)
  1. Most likely it won't become FIR and remain as police complaint
  2. Husband may pursue it as private complaint case in court. All that procedure takes at least 3/4 months. At that point you will have to hire a lawyer and defend the case. 
  3. Such case will not withstand trail, but defending a trial is quite harassing and takes many years.
  4. I have not seen a marriage survive after criminal cases have started between couple. It is advisable to not allow disputes and bitterness between couple to reach this stage.
  5. Once it has reached this stage you can navigate any which way, all roads end in a divorce. 
  6. Since divorce is certain, it is best to negotiate maintenance/alimony and go for mutual consent divorce. 
  7. Filing cases and counter cases etc. is all drama and should be avoided. It keeps getting uglier and has negative effect on child.

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