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satnam singh (job less)     21 July 2010

my parents sent to prison by my inlaws <<< help?????>>>>

i was living seprate with my wife  on rent and my father dispossession me by giving article in news paper and make affidavit and he also did case in court against me  for permanent dispossession  but that case is under process after one year.     after living with my wife on rent  for six  month  my wife and in laws start giving me threat  and  they also attacted on my from few unknown persons so then i left the home with my child .   

 

after two month women cell persons call my father and mother for give statement. becouse i was living separatly from my parents so that DSP realeased my parents from the case.   but now my father in law transferred the case  from women cell to their local police station . and my in- laws give another report against my parents and yesterday night police took my parents in prison for police remand ( 3 days) .  please sugguest me following ...???????

1) is it dangerous for my parents after taking bail also???? Now they applied for bail??????

2)how my parents can escape permanently from my said case.  

 

3) should i go back to face the cases on me   but then my wife will took my five year old child from me and they demand for very very big amount and they have also put maintanence case against me and i don't know about the result that how much maintanence judge is ordered...  

4) can i file against maintanece case .  and divorce case dircely???????

 

what is  right  thing to do in this situation.  

i was  thinking that if i do not go to my wife /parents  they after passing two year of sepration i will file divorce case?????

 

thanking 



Learning

 18 Replies

Parth Chandra (none)     21 July 2010


Satnam,

You wife/in-laws have enacted 498a on you and your parents. Do folloowing steps.

1) Don't come out openly against your wife and hire a good criminal lawyer who would go to concerned police station to understand the allegation made by them.
2) Ask that lawyer to work on regular bail for your parents and Anticipatory bail/No arrest order for you.
3) Parallaly hire a family lawyer (If you really want to divorce her then file for divorce or file for RCR) and also file for your child's custody (though its with you, you need his custody by court or your wife can take him anytime).
4) Then attend the court as directed by your advocates and take a chill pill and cherish the sweet talk you and your wife used to do in intimacy!!! for some months/year and obey your advocate (while staying in touch with this site and applying your mind)

Dharmesh Manjeshwar (Advocate/Lawyer)     21 July 2010

It is very wrong on the part of the police to arrest ur parents if u and ur wife had been staying separately ..... 

But U have not disclosed the allegations levelled against ur parents by her ..... it depends on that also .....

Further ur parents will be released on bail in due course of time ...... If U are an accused in this case .... I think U should also present urself before the court and seek bail ...... a chargesheet will be filed by the police .... U will get all the opportunity to defend urself ..... 

Maintenance order is passed depending upon the status and earnings of the husband ..... 

U have not not said anything about ur wife filing petition for seeking custody of ur child ..... so why do u worry on that ? I think If u have no inclination to settle with ur wife than the best option is to fight out all the cases .....

CommonMann (Software Professional)     21 July 2010

Hi Satnam,

There is nothing called justice in Indian courts for your wife and as well as for you. Include some mediator who was involved in your marriage and do out of court settlement asap with in your range. I am also dowry law victim and I wasted my 2 years in this and now I have done out of court settlement.  You have to give hefty money to lawyers and you will realize after few years that you are no where. Remember cases in India take too long to give justice. And this case will go on for approx 5 to 7 years. if  you have time and patience then only you should proceed with this. Rest if you want you can mail me on charanpreet.hora@gmail.com for any details.

Charanpreet

satnam singh (job less)     21 July 2010

my old advocate said it is dowary case but he take favour of my in-laws.. but if i am living sepratly i have rent deed duly signed by me and my wife. my parents has dispossession to me and also put prmanent dispossession on me but that case is not finished yet i think my advocate is sold to m y inlaws. today i am going to talk with(hire) new advocate . to check all the documents becouse when this file was in women cell then all the case was aginst my inlaws and DSP said my parents no need to come now my fahter -in - law give bribe(huge amount) to police persons and they have mis lead the women cell reports and make wrong statement. . 1) can we use RTI to take correct information. 2) after getting bail of my parents can court again take remand(police custody ) in 498a. please help....

satnam singh (job less)     21 July 2010

what is procedure and time duration of custody of child . age of child is 5 yr.can i take custody from court without knowning my wife.. or she must send summons.

satnam singh (job less)     21 July 2010

thanks for answer my question my wife was giving me threats from long time. so i went to rent and also make rent deed in which my wife also signed my luggage(daheaj) is still on rent. i live 6-7 months with my wife on rent my fahter dispossessioned me from property. he give in news paper and also make affidavit.then my wife and in laws again start threats to me and one day few persons attact on me. then i left the home with my child before 7 month. behind me my inlaws give application to SSP then it further passed to women cell. in women cell my inlaws tried to put 498a and other harrasment but due to enquiry every thing went against to my inlaws.file was closed in women cell . DSP said to my parent u don't have any role in it. But but now my fahter in law transfered case from women cell to local polce station and and give them huge bribe now DSP mislead the case and then they filed 498a. what is solution...... 1) can we take file status with RTI. if DSp have mislead the file he may have pressure to give right report ???????????????????

(Guest)

There are lack of inconsistency in your version which is understandable being layman and apprehensive of safety, security and wellbeing of not only your old parents but your child and have been hit by gender biased laws of the land.

1. Tell us your location (City / State) first.
2. It seems after unsuccessful attempt to lodge an FIR at one PS they managed somehow to convert the Complaint into FIR from their home base PS.
3. It also looks from your brief that you had some basic legal consultation on affairs of things happening in your matrimonial life vis-a-vis relationship of DIL with FIL / MIL, that is the reason some legal mind advised you to move off your matrimonial home and parents were advised to debar the son and DIL as safety. But, as usual Police played its usual tricks under kind pressure of your in-laws.
4. Since I am not aware of your location you can only seek Bail for your parents and AB / Notice to Arrest for you after they are released on Bail.
5. What are the other sections read with 498a IPC you are talking here?
6. You may file for GWA S. 25 custody case but from your brief it is not clear who is looking after the child when you go for work? I'm sure you must have made certain arrangements for that (looks like he is in play school / day boarding etc.) Be careful on safety, security of the child in initial phase. By filign Custody case and since the child is with you Court will eventually grant custody in your favor however initial visitation to mother will also be granted. You may deny visitation and if not possible then visual distance during visitation should be asked from your side.
7. RCR and or Divorce Suit either of them have their advantage and disadvantage. If you are convinced that wife will not be loyal to you and your family in terms of rights and duties and child care then no point bluffing the court with RCR Suit. Flip view is that if you have evidences of wife's cruelties towards you, your family and neglect of child then you should opt for Divorce on cruelties grounds.
8. Whatever steps you take at least self study or read Law by at least reading last 200 message posts here which will help you understanding both criminal / civil (including custody law) instead of coming back every time here with questions and questions. I mean here that little self help always pays to a victim and I per se don’t mind answering questions whose answers I know of !
9. You also need to tell here if the case is in a family court or regular matrimonial court because both laws (procedure) wise are different in these two Courts.
10. You may if you wish join / contact local chapter of SIFF by clicking https://www.saveindianfamily.org/contact-us/activists.html OR if you want to join discussions on various matrimonial laws then may join https://groups.yahoo.com/group/saveindianfamily/join
11. You may if you wish to know pre-during-post phases of S. 498a IPC / Dowry Laws may read and understand the stage you and your family are going through by clicking https://www.498a.org/pre498a.htm
All the best.

Rgds. 

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     22 July 2010

Dear Satnam Ji,

Your parents should file a complaint under section 3 of DP Act. If it is not possible for u 2 help the old parents either directly or indirectly then u can call me at 9871158578, I'll help them.

1 Like

satnam singh (job less)     23 July 2010

today on friday police did't send my parents to court in right time they send them very late when court time was going to finish. so that today bail could not applied.now my old parents is sent to central jail for saturday,sunday . now bail can be applied on monday. my in laws are greddy to take big amount. my wife is only looking for money. questions: 1) after getting bail then my parents are free from further this kind of arrest. or it can happen like this. . 2)if i do not go back and put for divorce case+ custody In xparty manner. then is it save way to overcome 498a and other maintanence. plz help me plz plz. ldh2010ldh@yahoo.in

sibasish pattanayak (lawyer)     25 July 2010

hi rakhi,

i suggest ur name  as advocate and also forward ur cell no. to one sougat chatterjii to consult with u for

mat discord probs.please take care.

regards, sibasish pattanayak,advocate.kolkata.

09874854594/ 9477090999 /09433074402 / 09231668664.


(Guest)

How is it that my learned friends are not asking Mr. Satnam that once his parents dispossessed him and gave a news paper advertisement and also filed a case against him for permanent dispossesion of property, why is he worrying about his old parents?  Is it hoodwinking the courts?  Is there no detachment between him and his parents?

How my learned friends are not telling Mr. Satnam Singh, jobless, that till the age of 5 the natural guardian is "mother" and keeping the child away from the mother is sin? 

Are the women only misusing the laws?


(Guest)

Sh. Prabhakar a very good high moral ground remark your kindself raised here and my take are as follows;

 

To your "How is it that my learned friends are not asking Mr. Satnam that once his parents dispossessed him and gave a news paper advertisement and also filed a case against him for permanent dispossession of property, why is he worrying about his old parents?  Is it hoodwinking the courts?  Is there no detachment between him and his parents?"

 

 

Now my takes :-

 

 

On "Is it hoodwinking the courts?"

 

Yes he is hoodwinking the Court on the advise he received from a pleader(s) of the very Court otherwise it is not meant to be happening that way in regular life. Why because, no layman or say a husband knows Laws and modalities of 4 steps that undergoes into putting a paper advertisement of disowning is known to a street side husband and I further doubt a Indian husband knows such things by birth unless and until advised by a pleader(s) of the very Court or having read in various forums whereby I mean to say this is result of a legal advise for self preservation and for family protection (yes I hv justified why he did it probably in this last sentence and not ashamed to admit it too!).

 

 

On "Is there no detachment between him and his parents?"

 

Yes, there is no detachment between him and his parents, because it is the parents who have disowned their son and not the other way round here as per briefs so he can't remain detached to such happenings, can he meant to do so !.

 

 

On "How my learned friends are not telling Mr. Satnam Singh, jobless, that till the age of 5 the natural guardian is "mother" and keeping the child away from the mother is sin?"

 

Your kindself advising that it is sin to keep away a child till 5 years from mother is biologically / emotionally not acceptable to either parents but irony of advising that a child can be away from father is Ok irrespective of the facts and mixed point of law itself shows that a father's role is only limited to be just a seed giver and he has no rights to nurture his own sapling till this sapling becomes above 5 years old is against the principal of natural justice for both parents.

 

 

On "Are the women only misusing the laws?"

 

Yes, 'women' FIRST misuse the same Law which has been specially tailor-made for their protection to settle scores on behest of advise from pleader(s) of the Court / relatives and peer groups and then 'men' rebut using strategic tactics received from their side of pleader(s) of Court and also further advise received from various forums to come out of these grave gender injustice laws.

 

 

My suggestion here in this sentence take is to replace women / man with gender neutral word "spouse" because genesis of this comment probably is based on this months highest viewed family post in LCI forum and is fresh in colly. memories and indirectly refers to Mr. Satnam's, jobless post as his fault is that he is a husband here. 

 

 

I have not gravely justified either spouse here for my convenience sake and ld. members may have their individual opinion on my above takes as they please but fact of the matter as personal experience of what I personally feelt / see around with wide open eyes / experience around with persons in contact pan India will not change so to speak unless and until gender neutral Laws are made for common spouse consumption / present gender injustice laws are amended.

 

But, your kind take is noted and respected too by me so to speak and this reply is not a direct remark to your goodself hence kindly don't take it as personal as I speak here personally from my own experience and I still have many streets to ride at the end of the day ...........

 

Rgds.


(Guest)

THIS IS CLASH Of spirits of Raja Harish Chand with THAT OF Shravan Kumar . correct me if i m wrong.

Arup (UNEMPLOYED)     26 July 2010

MS KAUR,

PLEASE NARRET THE STORY PLEASE.

AM NOT AWARE OF THIS STORY.


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