j (EM) 10 September 2013

Plz help man

Dear All,

Its about my brother who was married 2 1/2 years ago and got a son as well. His wife is highly educated

lady but was keep on thretening the entire family that if she is not getting 4 maids and one full time friver

she will make a false complain in police as law is in favor of women she can do any thing. And ultimately she lodged a complaint as brother had to leave job from other city to live with her as that was her first condition that she will not the place where she belongs to and her parents and if he wants family he needs to leave job and he did due to her threat. Still she has lodged a complaint and 498a 326 and more charge is on him. Court is not even giving him bail. SUCH A INJUSTICE GOIN ON IN INDIA. its not good law at all where law listen to women blindly and women like this who are highly educated are taking misadvantages and the women who dont know much about such laws they are still suffering.

Please guide and help how to get rid from this kind of problem.

We will be highlyyy obliged PLEASEEE.

Thanks & regards

Dharam

Reply Follow

7 Replies

Tajobsindia (Senior Partner ) 10 September 2013

1. Only advice that I can suggest is to first search via reference for an seasoned Advocate practicing Criminal Laws to seek Bail for your brother as it is seen when a wife seeks demands to have 4 maids and 1 driver then she ought to be living in a high status matrimonial home otherwise normally middle class wife donot threaten to have army of servants out of blue.

2. Bail is a rule not jail.

Samir N (General Queries) (Business) 10 September 2013

First priority, get him out.
Do not panic. There is always good in everything bad that happens. You just have to look for it.

So, now that she has filed all kinds of cases, get these cases thrown out. Focus on that.

Then, after these cases are thrown out, use the filing of these false cases to get divorce from her on grounds of mental cruelty to your brother.

As for advocates, they are a bunch of crooks and idiots. So, be careful on who he hires. Ask your brother to NEVER sign any paper unless he has reviewed the papers without any rush, made changes to what he does not agree to and incorporated new statements that he wants in there. Advocates in India have the bad habit of shoving papers at the last minute before you and have you sign them before reading them. These advocates are the main reason why there are problems in matrimonial relationships too. Your brother's wife must have got hold of one such advocate who really only cares for earning his fees. He does not give a damn about the ramifications of her actions.

The biggest loss in false 498, DV, dowry and such cases is the self-inflicted stress by the husband on himself. Ask him to be bold and let the storm pass away. Then, get rid of her the legal way. Minimize the impact of her actions. Let her know that it has caused little damage to you. And always be aware of advocates. They can stab you in the back anytime. Most of them are like cheap prostitutes.

stanley (Freedom) 10 September 2013

Originally posted by : Samir N
	And always be aware of advocates. They can stab you in the back anytime. Most of them are like cheap prostitutes.

ROTFL

j (EM) 10 September 2013

Thanks a lot for your suggestions.

We have applied for his bail but from session court it got declined.

Now its been advised that we should apply to high court for bail.

But police is indicating that in such cases people dont get bail at all so better

ask brother to surrender and then soon he can be out with intrim bail and case will be on.

Its a bit confusing who is right and wrong.

Rgds

(Guest)

@ Querist,Your querry is not correct,you have pertained the case that your brother is inside the Jail and he has not get Bail.First know the difference between Aticipatory Bail (prior to jail) and Bail(after jail).

Now,as per your second querry---------

1. Hire a an efficient criminal lawyer who is expert in getting anticipatory bails.

2. As your brother is A1 and due to severe allegations in FIR his AB is rejected in Session court so next procedure is HC,where he will definately get,If not then on some general terms and conditions.

3. Never ask your brother to accept her wife and her allegations.

4. If at extreme also No AB is granted then ask him to surrender and trust me if you have got an excellent lawyer then on same date he will get his Bail with the help of PP,if not then maximum couple of days is enough.

5. Ask your brother to brush his legal knowledge on Women's Law.

6. Be a constant reader of LCI family and Criminal forum.

7. These marital battle is a pateince game rather than a battle......the more you will bow the more the opposite part will thrash you.

8. Once he is out ask him to file divorce on 13ia HMA on the basis of till date what records and evidences he had collected plus the false cases by her beloved wife.

9. Always remember onething police,advocate and 498a wife all are synonyms of each other.So,every step should be taken cautiously.

best of luck.

1 Like

Samir N (General Queries) (Business) 10 September 2013

@Sufferer:

Very good advice! In particular: Always remember one thing police,advocate and 498a wife all are synonyms of each other.

(Guest)

First of all at this stage try to hire a senior advocate who has a gud reputation in the High court where ur going to apply for AB.... I dont agry with SamirN that every lawyer is a crook and cheap prostitute...u hav gud and bad.. people in all professions....simultaneously try yo get in touch with save indian family/save family Foundation/sahodar chapter in ur city number available on internet