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manthan patel (engineer)     21 May 2013

Rape allegation after marriage

Hello Friends ,

I am not a lawyer  but just a victim  who  needs ur support and advice .

I am amrried to a girl belonging to an orthodox family . everything went good , we did court marriage ,  then small  ceremony  at temple acording to Hindu Mythology.

Now after three months her parents took her  away by misguiding her that there is some ceremony at her native place  and since then they are not allowing me to talk  my wife  and have lodged  FIR against me that I have raped her and did forcefull marriage with her by taking her wrong signatures etc etc.

Our relatiion is since 8 long years and i trust that girl that she cant do such allegations ,but its just her egoistic parents who are doing all this by thrrowing money in Police station .

I had applied for search warrent in court but  I think its gonna get rejeceted due to FIR on me .

I have got anticipatory bail .

What could be my further steps so that I can force them to bring her in court , and I can talk to her face to face .



 14 Replies

Adv k . mahesh (advocate)     21 May 2013

If FIR is filed on you no problem you can file petition for search warrant and let her be present in court  if court decides that

1 Like

manthan patel (engineer)     21 May 2013

Thank you sir,

for replying at the earliest .

but i have already  applied for search warrent. to court .

So  you mean to say i need to write another application  to court . and already three dates are done woiht court where they have not bought the girl saying marriage is done with false  signatures .

section 468,467,376,506/2,34,120 b has been lodged gainst me

manthan patel (engineer)     21 May 2013

i do have marriage  pics and video cd, her loveletters etc etc with me . the only thing there lawyer say that she did all these signature forcefully and in pressure. and  her signature in FIR doesn t matches with one she did in court marraige and affidavit  we did before marriage.

manthan patel (engineer)     21 May 2013

so thats what makes me think that her parents are trying deviate the case by saying that she is not ready to stay with me any more . and they are not bringing her in to the court .

Adv k . mahesh (advocate)     21 May 2013

what is your lawyer doing thus he s not asking her your wife to be present in the court 

talk to your lawyer after search warrant the police has to produce your wife before the magistrate and take evidence of her 

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     21 May 2013

Dear Manthan,

Please immediately file WRIT of Habeas Corpus before High Court.

Rajiv Bhasin 

Advocate

Bhasin & Associates

bhasin.laws@yahoo.com

9811210505

manthan patel (engineer)     21 May 2013

Sir, 

Actually they have shown that FIR copy in to megistrate during last date , so now that megistarte has  given 24 may as order date . on that day he might order for searh warrant or reject my application . 

manthan patel (engineer)     21 May 2013

Sir I applied for search warrant but as they lodged FIR on us now i doubt Megistratte wont give orders for search warrant and might reje ct my application , so is their any way to apply directly to the high court. or i will have to wait till megistrate gives any orders.

abhishek (advocate)     21 May 2013

do u have marriage certificate? you can also try ur luck with the habeaous corpous

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     21 May 2013

Dear Manthan,

No need to waste precious time as your time is running out. Immediately approach high court get the WRIT prepared. It is high court domain not magistrate. Your wife will appear before the High Court and police will bring her and also book the culprits. 

You must have all documents of marriage.

do it as adviced

 

Rajiv Bhasin 

Advocate

1 Like

manthan patel (engineer)     22 May 2013

I will try doing the same as soon as i can , my lawyer says theres some holiday period till 10 june ( ahmedabad highcourt) so he will try doing that soon .

Ravikant Soni (LAWYER IN JAIPUR)     23 May 2013

Do these things.....

1. Habeas carps writ.

2. 482 for quashing criminal proceeding

3. Anticipatory bail if needed.

1 Like

manthan patel (engineer)     23 May 2013

sir i have got antici. bail ,

waiting for search warrent orders from  megistrate, and then my advocate will file habeas if required in highcourt. and will discuss about 482 for quashing criminal proceeding ..

manthan patel (engineer)     08 June 2013

Dear sir,

My application for search warrant has been rejected by district court . now my lawyer is planning to  reapply in  high court..

now i wanted to ask u that  with help of 482 Quashing criminal proceeding .does this process will effect my anticipatory bail , I mean if i go to high court regarding  quashing FIR  will it harm my bail orders or are there any chances of cancellation of my antici.. bail.

Also i would like to ask u that are ther any means of stopping  her  from going abroad, because i doubt that her parents might send her abroad .. so if there is any process by which i can stop her going abroad untill my case is solved please let me know .


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