Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

help.me.with.divorce (manager)     27 November 2011

My in-laws called me and threatened me to kill ?

I recieved call from my brother in-law who is a DON of his area in UP. I have seen him carrying illegal weapons. 

 

He told that when they file a case in UP, I have to show up there in court or be arrested and kept there for few days.

 

Currently, I am in mumbai.

Now my question is : When my wife file a false 498a. I think from mumbai, I will be arrested and sent to UP. If I will be taken to UP, I am likely to be killed or they will surely attack me seriously. 

1. How can I avoid going to UP, so that I can avoid attack?

2. I know I have to be present in court, over there if my wife file false 498a, IS they any way to transfer the case to mumbai, where I feel safe.... or any ground as such...

 

I seriously feel getting killed ... UP is place where one can shoot or give supari to another person. my Life is NOT cheap.



Learning

 11 Replies

help.me.with.divorce (manager)     27 November 2011

FYI- I have not recorded the call as such... and it came from a different number.

Legal Fighter (Advocate)     27 November 2011

dear, don't be panicked.. i would suggest you to get in touch with local chapter of "Save Indian Family Foundation". You can attend their weekly meeting wherein you will definitely get moral and legal support. it is very difficult to give such subjective advice without getting to know total facts of the case.

don't be afraid and be strong.

**Victim** (job)     27 November 2011

If you are getting unnecessary threats from your inlaws you can file case against them. You can file Crpc 151 against your brother in law.

adv. rajeev ( rajoo ) (practicing advocate)     27 November 2011

If you are anticipating your arrest then apply for the anticipatory bail in your Dist., court. You will get aniticpatory. If you areso much of afraid of your brother then  file a writ in the high court seeking transfer of case to bombay court, if case is filed on you.

Sanjeev (Lawyer)     27 November 2011

These are just vague threats and the law and order situation is not so bad that anyone can be killed like this. As you anticipate filing of cases by your wife which would be probably be a 498A as you anticipate arrest why dont you try to keep a tab at the police station in UP where your wife resides. Try to build some contacts there in police station that would let you know if there is any FIR lodged or any complaint lodged by your wife.

Once you get to know about the FIR you can seek stay of arrest from Allahabad HC this was previously suggested to you. This stay of arrest will refer the case for mediation at Allahabad. This will not require you to travel to the hometown of your wife but to Allahabad HC.

But there is no way that you may prevent going to local court when the case starts dont worry about these vague threats. If you worry aboout these then you dont have any solution but to bow to your wifes and inlaws demands.

Sudhir Kumar, Advocate (Advocate)     27 November 2011

He is receiving threats while located in Mumbai. Thretening with murder is crime.  threatening with false criminal case is also a crime. Unfortunately. None has advised him to give FIR against thretening of murder and false dowry case in Mumbai Police and if police take no action move HIgh Court with writ mandamus.  He will be handicapped and dorty case may shattere beofre being filed.

help.me.with.divorce (manager)     27 November 2011

@sudhir - but how will I prove, you see I have not recorded the conversation. So on what basis I can file a FIR?

(Guest)

mirror work... you also threaten him... jo dara wo mara... lets see whos first...

Self service (None)     27 November 2011

Go to ACP or Commissioner office, give complaint with all details time and phone number. And take zerox with received stamp. After that send copy to same to the area from where you got threat.

Trust me it works and helps a lot in later stages.

Sudhir Kumar, Advocate (Advocate)     27 November 2011

Even if you record the conversatin still the same cannot be proved without your evidence.  Perhaps there is no other way for you.  Get a criminal case agaisnt him in Mumbai or go to UP to defend your case adn get killed.

Sudhir Kumar, Advocate (Advocate)     27 November 2011

If you want the case (when filed) to be trasferred by Mumbai, then the powers are vested only in Supreme Court.  If you take no criminal action agains tthe threat (of killing you and or filing false  case in UP) there will be hardly anyone to hear you when the case is actually filed in UP.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register