• Need legal advice

I live in overseas last 5 year as permanent resident .my parents and my brother s family live in india. Some days before my brother s wife committed suicide.  And my brother in law put case against my brother and mother . He got arrested on 28/5. They put section 306 on him.  They need me over there . Plz tell me if I go there .can they put my name in FIR . And first hearing is done . Because I have so many responsibility here and I can't avoid it as well.  Plz suggest me what should I do. And that would be safe to me to go there.
Asked 2 years ago in Family Law from Chandigarh, Chandigarh
Religion: Hindu
1)you have nothing to fear . you are not accused in said case 

2) case has been made against your brother and mother for abetment to suicide 

3) did your sister in law leave any suicide note ?" 

4)  you should go and help your family at this stage . coordinate with lawyers for case against your family members
Ajay Sethi
Advocate, Mumbai
23142 Answers
1215 Consultations
5.0 on 5.0
1. First check whether your are named as co-accused in the FIR or not.
2. If you are named then you have no option but to take bail preferably anticipatory bail for which your personal attendance is required.
3. If you are not named then you have nothing to worry and you are not in hurry to come back India.
Devajyoti Barman
Advocate, Kolkata
5168 Answers
54 Consultations
4.9 on 5.0
Did your sister-in-law leave any suicide note? In the suicide note if she has not mentioned your name then there will be no problem for you and moreover you are living abroad and you could not have abetted her to commit suicide in India and your name does not figure as co-accused in the FIR. If your named in the FIR, take anticipatory bail with the help of a local lawyer.  I think you should help your family by going to your native place.
Shashidhar S. Sastry
Advocate, Bangalore
1233 Answers
59 Consultations
5.0 on 5.0
instead of coming forward first check through your advocate about the FIR registered and then move there
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
FIR, the complaint lodged with the police under which your brother and mother have been arrested need to be checked through an advocate  if or not your name is there.If your name is there then take anticipatory bail first, if your name is not there then there is nothing to worry about your arrest.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
FIR is first information report .it is complaint filed by your brother in law against your mother and brother . on basis of complaint made by your brother in law police have regd FIR
Ajay Sethi
Advocate, Mumbai
23142 Answers
1215 Consultations
5.0 on 5.0
1. Have you been named as an accused in FIR? If no, then you do not have to be worried about any consequences as prosecution cannot be launched against you unless and until you are an accused.

2. If it emerges that your name has been mentioned in FIR then apply for bail as soon as possible to obviate the possibility of your arrest.

3. If you are required as a witness then you should appear to assist in investigation lest a warrant of arrest is issued against you. 

4.Show the FIR to your lawyer in India and let him chart out the legal recourse for you.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
1. When your brother's wife committed suicide, how come your brother in law filed complaint?

2. Who is callin you to India, your brother & mother or the Police/your brother in law?

3. First check the FIR lodged against you. Has your brother been enlarged omn bail?

4. You will get a copy of the FIR from the advocate of your brother,

5. If your name features their, apply for anticipatory bail & only on receipt of AB arrive at India,

6. You can come to India if there is no mention of your name in the said FIR.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0

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