Divya (nil) 13 August 2013

Restore 498a and revoke compromise to bring truth b4 courtu

respected All

My bhabhi had filed a very cheap FIR with false allegations for 498A..when the trial started, we received some evidence of her earlier marriage which was suppressed by our own advocate and even the local police. We also had filed an FIR against my bhabhi's boyfriend as he was circulating their private bedroom snaps. Hence the matter was compromised immediately between the bhabhi and my brother...All other accused of 498A didnt sign the compromise MOU. infact we had sent several written requests to police to investigate bhabhi's earlier marriage - but money power won & we didnt receive any support.

Now after one year, we had evidences and witnesses about bhabhi's earlier marriage which i really want to bring before the court...

How do i restore each FIR. i.e. 498a FIR & FIR filed against my bhabhi's boyfriend...Even the fact that bhabhi had filed a false 498A should be contested properly before the court else my family members will bear a permanent mark as an accused of 498a who compromised

Please give me additional suggestions

Thankyou

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4 Replies

adv.raghavan (Advocate,9444674980) 13 August 2013

u did not tell us about the status of 498A FIR filed against u and your counter complaint against ur bhabi ,have ur people are on bail or no IFIR was done so far ,at that time of signing MOU itself u had proper evidence against your bhabi, then why your brother went for compromise? why u didnot contest at that time itself? why now?

Divya (nil) 13 August 2013

Sir,

498A fir state was such that we were given a bail.

Also at that stage, everything was managed and our own lawyer didnt support us..Bhabhi's side is rich and everything was managed and police didnt support us...Where do people go if lawyers and police dont support us at critical stage...They assert us to bring full proof evidences and behind d scenes they are ware of the facts...

Also compromise is done by my brother and why should the rest of the family members we forced to abide by such compromises.

It is also held that behind the scenes my bhabhi is troubling and interfering in our family's tax matters and she is taking interest in all our litigations. Hence there is a need so..

Lastly if a woman was earlier married, then her presetn marriage is VOID and 498a is also VOID..So the offence under 498a had to be dropped at the first stage itself but its because we didnt get any lawyers or police support that we could not raise voices earlier....

Infact we didnt even get an opportunity to contest 498a on merits and tell the court that all her allegations are baseless

adv.raghavan (Advocate,9444674980) 13 August 2013

the best way to get rid of this, ur brother should have the intention to file petition under sec 12 of HMA to call their marriage void, that your bhabi was already married at the time of marriage, her husband is still alive at the time of marriageand even now.,with the documents what u have and if u are able to prove it in the court of law . if u proceed on this automatically ur bhabi will fall in line and the same judgement can be used in that case(498A) to some extent..

Divya (nil) 13 August 2013

SIR,

Its either getting marriage decalred void or even filing a complaint of bigamy but both options are not possible at once..

Fact forgotten is why should the entire family suffer & i am keen to raise a voice...my brother has no authority to give commitments on our family's behalf..He has not undergone any torture...Most of the times, husband and wife compromise but what about the family who bear the pain and false 49a proceedings.