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sanjeev rajpurohit   21 March 2022

My sons wife problem

A COMPLAINT UNDER SECTION SEC 323, 406 AND 498 A AGAINGT MY SON AND ME AGED 60YEAR BY MY SONS WIFE
ABOVE ACOMPLAINT IS GIVEN IN POLICE STATION BUT THE FACT ARE
(1)SHE LIVE ONLY TWO AND HALF MONTHE IN MY HOUSE AND DURING THIS PERIOD I AND MY WIFE REMAIN COVID POSITIVE SPECIALY MY WIFE REMAINS SO MANY MEDICALE PROBLEM DURING THIS PERIOD THEIR AFTER SHE GONE TO HYDERABAD .
(2)NOW ONLY THREE PERSONS REMAINS IN HOUSE .
(3)FOR GETTING BACK MY WIFE MY SON DROOP HIS WIFE SHE TAKEN AWAY SOME ORNAMENTS BECOUSESHE IS ALONE LADY AND KEY HOLDER OF HOUSE.
(3)WHEN MY WIFE CAME BACK THEN SHE REQUEST TO MY DOUGHTER IN LAW TO CAME BACK BUT SHE REFUSED MY WIFE THEN ASKED HER TO CAME ONLY FOR FIVE OR SIX DAY BESOUSE MY MY IS SUFFERING FROM SLIP DISK BUT SHE REFUSED AGAIN AND REPLY THAT SHE LOOKS GHOOST IN MY HOUSE SO SHE NOT CAME BACK.
(4)THEIR AFTER HER FATHER MOBILE ME AND DEMANDED HER DOUGHTER ORNAMENT BUT I SIMLY THAT KINDLY SENT BACK HIS DOUGHTER TO MY HOUSE
(5)I HAVE RECEIVED THREE MOBIL CALL FROM HER FATHER ONLY DEMANDED ORNAMENT BUT NO REPLY IS ABOUT SENDING HER DOUGTER TO MY HOUSE .
(6)ALL CALLED ARE RECORDED
(7)SHE LIVE JUST 5 MINITS DISTACE FROM MY HOUSE
(8)NO LIST OF ORNAMENT HE GIVES BUT SIMPLY DEMANED ORNAMENT
(10)I HAVE NO ISSUE AT ANY STAGE IF NOT WANTS TO SENT HER DOUGHTER THAN BY LEGAL PROCEEDURE THEY CAN GIVE AND TAKE NOT ONLY ORNAMENT BUT OTHER THIGS ALSO BUT HE NOT DO THIS.
(11)NOW COMPLAINT UNDER SEC 323, 406, 498A BUT THE LIST OF ORNAMENTS IS STILL ABSENT.
(12)THEIR IS 40 PAGES WHATS APP MESSAGE GIVEN TO HIS HUSBAND(MY SON)NO COMPLIANT AGINST ME AND MY FAMILY
PLESAE GUIDE SIR WE ARE DEEP TROUBLE

(3)WHEN MY WIFE CAME TO MY HOUSE THEN SHE REQUEST TO MY DOUGTER IN LAW TO B


Learning

 3 Replies

Kishor Mehta (CEO)     21 March 2022

Immediately appoint a family court lawyer and contest the case and the 498A FIRs. 

Palak batra   21 March 2022

Dear Querist,

 

False 498a cases are very common in the society and a lot of steps have been taken by Hon’ble Apex court also to prevent its misuse. One can quash the false allegations under 498a, when there are vague allegations in the FIR. A FIR is a first document on which the whole investigation and chargesheet is based.

 

Here come two sections of the IPC to help you, one is IPC 182 and 211 IPC. Sec. 182 prescribes a punishment for six months and fine in case any person gives false information to a public servant, on the basis of which the public servant takes certain action which he might not have taken if he had known the true state of facts. On the other hand, u/s 211, there is an ono use of the term ‘public servant’. As per this provision, any person who institutes or causes to be instituted any criminal proceedings against a person to cause him injury, knowing that the complaint and allegations are false, is liable to face imprisonment for a period which may extend to two years. Further, if the charge alleged discloses an offence which is punishable by death, or a minimum imprisonment for seven years, is punishable with imprisonment for a maximum period of 7 years.

 

In the cases of 182 IPC in which the false information is given to police. Then in that case that police officer can write a complaint and forward it to a concerned senior officer. Who than forward a formal complaint to the court which than initiate proceedings under 182 IPC

 

In the cases of 211 wherein the case is already pending against the accused person in court. Then in that case the court in which trial was running an application under section 340 CrPC is filed and then the court initiates further action under 211 IPC.

 

Regards,

Palak

 

P. Venu (Advocate)     17 April 2022

What is the stage of the investigation? There is nothing to be concerned if the allegations are without any factual basis.

The ornaments, received in connection with the marriage, are her personal property. Arrange to return to her with proof and in presence of respectable  credible witnesses.


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