• My wife and her family members are threatening me for money

I have filed RCR section 9 against my wife and after receiving notice from court she goes to women police station and filed a complain against me and my family members for drowery and cruelty. I got call from police station for counseling and when I visited there counseling lady officer doest listen any words from us she just keep saying that my wife and their families are telling truth and we are not. They made us sign a document which they are calling it as razi-nama and decided that I will go my wife's parents house between 10-15 July 2018 to take her back to my home. Now she and her family asking me for money n saying that if I will not pay them then she will again go to women police station and file case 498a. I don't understand police officer are not listening to us or accept any evidence from us. Please help me
Asked 4 years ago in Criminal Law
Religion: Hindu

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17 Answers

Sir give a complaint before senior police officers SP / commissioner that the in-laws are threatening you further the police is not listing to you. Further you were forced to sign raazi nama.

You can file a private complaint before magistrate for intimidation against the in-laws and wife .

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) refuse to pay any money demanded by wife

2) send your wife message that you want reconciliation that you would be visiting her on 10 the July 2018 to take her back to your residence

3) in the vent false FIR is lodged apply for and obtain ABfrom sessions court

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

hello,

a Razi nama will not hold in court if they compelled you to sign it and you signed it under pressure. file a complaint with the magistrate u/s 156(3)stating all these incidents and the magistrate shall register the complaint and call the parties. also state the threat of 498a too. if they are ready for negotiations then you can go for mediation.

regards

Rahul Mishra
Advocate, Lucknow
13762 Answers
65 Consultations

5.0 on 5.0

1. You should not have signed the document. Once such a purported raazinama is signed before police it gets difficult to obtain bail. Police could not have got it signed from you at gunpoint. During the hearing of anticipatory bail the investigating officer will produce the case diary which contains the raazinama. So the court forms an opinion against the accused.

2. At this stage wait for the registration of the FIR. Once the FIR is registered and you receive the notice for appearance from police then apply for anticipatory bail immediately.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

hello,

this evidence is admissible in court. a transcript should be made of it and put on affidavit and presented before the court.

regards

Rahul Mishra
Advocate, Lucknow
13762 Answers
65 Consultations

5.0 on 5.0

Call recordings are surely admissible as evidence in the court.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

1. Do not succumb to their blackmailing. No peace can be bought in lieu of money and if they demand for coming to your home it means they have bigger plan.

2. So if you are serious to take your wife back then place your demand to bring her back but without a penny. if she is also serious then she will not ask for money. if not then you can understand that she is not read for this marriage and it is better to break this off.

3. in that event ask her for mutual divorce and move on in life.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1) audio recordings are admissible in evidence

2) you can rely upon audio recordings to prove that you have not taken any dowry

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

1) Yes, whatever evidence you have can be produced in the court as proof.

2) Police officer can't do like that, her you should have said that you have already filed RCR case against her, let court take the judgement.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Do not worry, if the case is filed at any stage then go to the HC directly for getting the FIR quashed, as the same is an outburst to the complaint filed by you. Do not fall to their unwarranted demands.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Yes such recording alongwith an affidavit of 65B (Indian Evidence Act) will be accepted by the court.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Yes these recordings can be taken as evidence in the court. They can be produced before court with an FSL report and certificate to prove it's authenticity.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Firslty, as you have filed the RCR which shows that you are concern about her well being.

Secondly, no razi-nama is valid once you have loved before the court, if anything has to be done then it will be trough the court only,

Thirdly, liability of her complains have alr day been gone as these are coming after you have moved before the court.

Fourhtly, if you wish you can also file criminal complains against them for threatening you to implicate in false cases on hmthe basis of the recordings that you are having.

Rest you are free to contact me for further assistance if any.

Good Luck...!

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

File a complaint of harassment and extortion against your wife’s parents and her. Let her face some consequences and don’t let her know that you are afraid of all these police or women cell complaints. Let them proceed the way they are going, you have many options to defend and litigate against them.

Ruchit Dugar
Advocate, New Delhi
190 Answers

4.9 on 5.0

u give a complaint to higher ups of police by detailed facts seeking proper counselling

Konda Srinivas
Advocate, Hyderabad
211 Answers
2 Consultations

Not rated

The police will not apply their mind nor they will listen to the plights of the men who appear before them.

If your wife is threatening to lodge fresh complaint, ask her to go ahead and this time you dont visit the police station, instead you may first obtain AB and then lodge a complaint against the women police inspector for threatening you with dire consequences and also expecting something from you to relieve you.

She cannot threaten you or force you without listening your side story.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

I have some call recording and audio recording of my conversation with them in which my wife and their family clearly saying we haven't taken any drawery or have don't any cruelty to her. Will this recording be accepted by court in favour of us.

This recording if produces following the procedures as envisaged in section 65B of Indian evidence act, may be produced before trial court as your side evidence.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

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