• False Dowry and severe DV after 7 years 9 months of marriage

Daer sir/madam

short brief Case:
My Bother marriage was 7 yrs 9 months
and he has 4 years son.Brother is married to colony girl with 50 meters
distance from my home


False charge1.Wife left in laws/husband home  5 months back and reported police that 
only after 23 days she left in laws's home
False charge2.She reported to police that because of dowry harrasment and severe domestic violence
she left home
False chrge3.She reported  DV charge to husband /father in law/mother in law and his elder brother and his wife
Point :She has taken to 4 years son and don't allow to met his husband and family

Answer Need:
1.How to safe my brother from these false charge
2.How to take  4 years son custody

Police will forword case tomorrow(26th feb) pls help in crucial time to my family.
Asked 10 months ago in Family Law from Navi Mumbai, Maharashtra
Religion: Hindu
1) in DV case you have to file detailed reply denying the allegations 

2) in 498A case obtain anticipatory bail from court 

3) if wife does not permit father to meet his child seek joint custody of child 

4) court will grant you visitation rights 

5)  welfare of child is paramount consideration 
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
5.0 on 5.0
1. At first your brother and all those who have been mentioned as accused in the complaint/FIR should apply for anticipatory bail to preempt the arrest. Thereafter, the case is to be contested on merits. She has to prove the case beyond a shade of reasonable doubt.

2. To get the custody of child a petition for child custody is required to be filed which will be decided on the ground of welfare of child. 
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
When a  false 498A case is lodged against you then the next step is to take anticipatory bail and contest the case with your cogent evidence.In the child custody case the court is look in to  welfare of child and take it as paramount consideration for decision up on the custody. The court will grant you visitation rights if you file interim petition.in DV case you have to file detailed reply denying all the allegations in the petition.
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
1. False charges have bcoe the order of the day and you can do nothing about this.Even if you can disprove this statements to be false not much relief would be granted.
2. You gave to focus on merit of the case and save as much money as you can.
3. For custody of the child you have to file suit for custody of  the child where you get interim visitation of the child.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
File mandamus mis. criminal writ ,before high court under article 226, for quashing of her complaint. Also seek direction from the high court for future coercove action against your brother. High court is empowered to lass such order. You have to showthat complaints are baseless and febricated. 
Shivendra Pratap Singh
Advocate, Lucknow
2771 Answers
41 Consultations
4.9 on 5.0
1.How to safe my brother from these false charge
You have to take up te issue only during trial and not before that, so allow the police to file the charge sheet and challenge her case properly to get acquitted 



2.How to take  4 years son custody
He has to file a child custody case under guardians and wards act.



Police will forword case tomorrow(26th feb) pls help in crucial time to my family.
Let them forward the case, take anticipatory bail and challenge the case n the basis of merits and evidences in your side. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
1) it is necessary to peruse allegations made in FIR to advice 

2) obtain Anticipatory bail and contest case on merits 

3) 498A case take over 5 years to be disposed of 
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
5.0 on 5.0
Get AB and then contest the case on merits. This is how you can protect yourself.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1) since wife has already filed false DV /498A cases your brother can file for divorce on grounds of mental cruelty against his wife 

2) if wife has dragged whole family in DV/498A cases there appears to be no future in the relation ship 
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
5.0 on 5.0
The sections of IPC and DP act are common in nature when the police registers FIR on the basis of complaint received by them.  It is a routine affair for the police. Better get anticipatory bail for all those who have been named as accused in the FIR and challenge the case before court during trial proceedings accordingly. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
Meet a local criminal lawyer first. What are the allegations stated in the complaint. Deny the allegations and take a stand and evidence in favour of your family with supportive relied  witness
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0

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