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Sir , i got married in 2014 and the age gap between my partner and me is 22 yrs ,he has already 2 childs from his previous marriage , and after my marriage inlaws and my husband was pressurised me to for opration .since i was a pregnent in 2015 when they came to know they started torturing me and pressurising me for abortion , i was 6 month pregnent and my mother in law and husband beat me and drive me out from home , after 40 days i got premature delivary of baby boy .. No one came their for me .and also i lost my mother in early age and having step mother so i didnt have support from my fathers side too.after some days i came to know they did false FIR against me , and i am preparing for upsc and other civil service examination , please guide me what to do? Is that impact on my career ?
Asked 2 years ago in Criminal Law
Religion: Hindu

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10 Answers

I am forwarding the law against harassment of wife by husband and his family. You will know all the law that is in your favor. Make use of whatever is required for you.

You have many options. Law is in favor of women. They are doing this because you are tolerating it once you enforce your rights they will realize their mistakes and mend their ways. Following  remedies are available to you…

  1. Under Domestic Violence Act, 2005—
  2. You, any relative or friend on your behalf or an Advocate engaged by you can submit an application to the Magistrate or police. A notice  will be served on husband and he will be asked to attend the court on a particular date. If he fails to attend court, he will be arrested by police and brought to court. You can obtain any or all of the following  orders…
  3. Protection order prohibiting husband from—
  4. committing any act of domestic violence;
  5. entering the place of your employment;

  • attempting to communicating with you;

  1. selling any assets, operating bank accounts or bank lockers held jointly by both or singly by husband including streedhan.
  2. Residence order. Police will force your husband to give shelter in the shared house and restrain him from dispossessing you.
  3. Monetary reliefs:
  4. To meet the expensed incurred and losses suffered as a result of domestic violence;
  5. Loss of earnings;

  • Medical expenses;

  1. Maintenance for wife and children;
  2. Lump sum payment.
  3. Compensation: compensation and damages for injuries, including mental torture and emotional distress.

  4. Code of Criminal Procedure, 1973, Section 125: you can obtain monthly maintenance for yourself and child. Employed or not, earning or not he is bound to pay you and yoru child maintenance.

  5. Indian Penal Code, 1860: You can file criminal case under Section 498A if there is cruelty or demands of dowry for which punishment is imprisonment upto three years.
  6. As per Section 6 of Hindu Minority and Guardianship Act, 1956, custody of child below five years will be with mother with visiting rights to father and custody after five years of age will be father with visiting rights to mother. Though this is general rule, this is not fixed law, in special circumstances child above 5 years especially which the child is girl custody is given to mother with visiting rights to father. 
  7. If they are not giving your belongings, you can file case against them under Section 406 of Indian Penal Code, 1860 for criminal breach of trust for which punishment is 3 years.

 It is not easy for him to get divorce, unless you agree.  If he files divorce he has to pay of alimony running into hefty sum.

It is strongly advised that you should…

  1. secure your ornaments by obtaining order, not to operate bank locker and bank accounts under Domestic Violence Act, 2005.
  2. Restrain him from house transferring as the same belongs to you son.

You can file a case under Section 19 (b) or (d) Domestic Violence Act, 2005, under  which  Court will order police to take to the matrimonial house and keep you there. Court can also order husband not to enter within 200 meters of house. If he obstructs you, police will arrest him.

 


They might have file FIR under Section 312 of Indian Penal Code, 1860 the offence of causing miscarriage. You need to fight the case on merit but at the same time you need to use the law that is in your favor against them. Only then they will come to terms with you.


Pending case, it is not possible for to get police clearance. But by the time you clear the mains, you might come out of case clean. If the case goes against you, though there is very remote possibility, you may not get police clearance. That is factual situation.

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

You may have to challenge the false case on merits and get it dismissed if you are aspiring for UPSC career. 

You discuss with your advocate on the grounds to confront the case and get it nullified. 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

  1. If you are convicted for any offence,  obviously it will jeopardize your career. 
  2. Hence you must put up your defence by appointing an experienced counsel  (advocate).  
  3. You also need legal assistance to seek matrimonial remedies. 
  4. I extend my expertise to you. However,  I require details to be able to help you. You need to visit me for an exhaustive consultation session where you would be adviced extensively and then we can launch into the appropriate litigation. 
  5. I'm based in Mumbai /NaviMumbai just as you are. So it shouldn't be much difficult for you to visit me for exhaustive consultation. 
  6. ९८२०८९७८८४. (Nine eight two zero eight nine seven eight eight four) 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1545 Answers
5 Consultations

4.4 on 5.0

You can file FIR for the same to concerned police station. You can also file complaint under domestic violence Act for seeking maintenance from. Husband

Prashant Nayak
Advocate, Mumbai
31802 Answers
175 Consultations

4.1 on 5.0

You have to disclose pending case when you appear for civil service exams and interview 

 

you have not been convicted of any offence 

 

it would not affect your career 

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

Hi, You need to file a Petition before the High Court for quashing the FIR. If the allegations made in the Complainant does not constitute an offence then the High Court will quash the FIR. 

 

 

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

Dear mam,

1. you can file for quashing of FIR under sec 482 CrPC.

Thank You!

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

If a false FIR has been filed against you that can we go for quashing before honourable High Court.

Although any police complaint has nothing to do with your career because ultimately that is at the preliminary stage of consideration.

Mere accusation does not lead to conviction therefore your career will be unaffected by that but it is advisable that you should take a proper legal records in filing the crossing of the FIR so that you are away from all these things

In case if you need my assistance, I can be contacted on

https://g.page/r/CfmI4KgE0neOEA0

 

regards,

Yuganshu Sharma
Advocate, Delhi
433 Answers
1 Consultation

5.0 on 5.0

- Even if there is an FIR against you , then also it will have not impact on your career , until convicted by the court. 

- Further, if there is an FIR against you , then police will inform you for the same , and you can approach the High court for quashing the FIR . 

- Further , for the said cruelty of husband , you can file many cases against him legally . 

Mohammed Shahzad
Advocate, Delhi
13095 Answers
195 Consultations

5.0 on 5.0

Usually girls file Domestic Violence cases on husband side. 

They took advantage of your ignorance of law. 

 

Current case will not affect career until you get convicted. 

 

You can opt for quashing FIR from HC.

You can file DV case also on husband and in-laws.

 

 

 

 

Ankur Goel
Advocate, Bangalore
454 Answers

4.9 on 5.0

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