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amit (vo)     08 June 2014

Wife filed false 498a and other ipcs against me & family

Dear everyone,

I have been married since last 3.5 years and my in-laws and wife left no stone unturned to made my life a living hell from the first day of marriage. she is a control freak and left no occassion to demean and humiliate me and my family in public view. I tried my best to remain calm and sort out the matter in most amicable way but my calmness was taken as my weakness and the in-laws and wife kept on harassing me in the name of dowry if i do not leave my parents and submit to their will. I made compromises several times in the name of making a family but opposite side harassed me and my family like hell by using money to higher officials in police. I am a government servant but from a poor family. I worked very hard in my life to come to this position in carrier. They even locked me once in their house for 10-11 days and continuously abused me and my family in front of me and the police always supports them. I sometimes thought of committing suicide but did't thinking of my parents. Now one day the in-laws forcefully entered my house in threatened me of 498a and other charges and tried physically stop me and beat me. I was alone, i could not do anything before six people so i called 100 and police came. i requested police to take with them and asked to file an FIR but they did't. I deliberately have told my parents not to come to me as they could be falsely implicated. next day i filed a divorce case under article 13 resulting into threats from bribed police. i have not gone to the rented house where i have been living with the wife as the house-owner is in their favour and i am living here and there without anything and trying to do my job the best i can so that i can get the salary and fight the case. after 1 month i was threatened of 498a and DP act by police and tried to came to a forcefull compromise. i denied. so the FIR was lodged by wife. again threats came of arrest me and my family and for a money settlement if i want to avoid the arrest. I refused. i went to high court and got arresting stay for me and my whole family. 

this was the whole story......... now question is.....

1. till when arresting stay is applicable as the court order says "shall not be arrested till submission of police report"? what is this exactly mean?

2. can police still arrest me and my family and present the same day to the court concerned? should i prepare for bail applications?

3. does submission of police report means submission of charge sheet by police?

4. will police arrest me after filing of charge sheet?

5. how much time the police can generally take in submitting the police report?

6. how the said FIR can affect my govt job as the advocate of opposite side has sent copy of FIR with a letter for action against me to my higher officials? can i be suspended? or what else can happen as my salary is only means with me to fight the cases?

What should i do? Please help.



Learning

 3 Replies

nisha (student)     08 June 2014

Dont worry.since court has granted stay,police cant do anything unless the charges against u are proved in the court,even yr job will be safe till then,hope yr head is aware about the stay.

amit (vo)     08 June 2014

Thanks Nishaji,

I think the charges by the wife can't be proved in the court as the charges are stories that never happened..... that i m sure of. But now i need to give in written to my seniors..... about the whole situation ..... as till now i have been informing them orally or on phone........ thanks again

G. Y. Sharma (Advocate)     10 June 2014

Dear Mr. Amit,

Extreme cowardice is smelt all along your query. Be bold enough to face the consequences. Nothing adverse would happen. Don't worry about the case after all set up by your wife. It is not the one punishable with death or imprisonment for life. Similarly no court or the Govt. would punish the accused who is an employee at the cost of his bread and butter. Cases between the spouses can hardly be proved. If you get any doubt that the police would act in a high-handed way, approach a Lawyer and surrender directly before the court besides filing a regular bail petition narrating all the facts and circumstances as briefly as possible. Your wife has been doing all this at her own peril. She is not able to imagine her fate in the rest of her life. Try to be positive always. Approach the nearest Brahma Kumaris Centre and learn Meditation. It will solve all your problems and keep your mind in a pacified and peaceful condition. If you require any advise, don't hesitate to call me at any time either at my address or the email or the mobile.

Wish you all the best.

 

G. YADAGIRI SHARMA,

                                  M. Com., LL.M.,

G. AMRUTHA KUMARI,

                                   M. Com., LL.M.,

ADVOCATES

H. No. 2-1-178/1, 100 Feet Road

Vidyaranyapuri, Hanumakonda.

WARANGAL DISTRICT – 506 001

*: 98 493 45 755 – *: 99 66 45 66 85

 

gysharmaadv@gmail.com


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