• How to protect family from false 420 FIR with police support

I got married in couple of years back as per Muslim sharia law (given meher on same day of marriage) and blessed with two kids, from past 3 years my marital life was quite disturbed as my ex-wife was addicted to phone/internet/social networking leaving behind leading the normal life with no attention towards kids, there are many other facts involved. In 2015 I was shocked to come across the facts about my ex-wife having affair with her own maternal brother and crossed all the limits which any husband on earth can accept, I discussed this matter with Mufti and pronounced divorced to her as per Muslim sharia law (fulfill the maintenance requirements) and got divorce certificate from concerned department and we also furnished the notice to take back her items and I was taking care of child expenses.
After 2 months of my divorce she with her own father and step mother filed a false 498A case against my parents, brother sister and uncle. During this course my family were out for to attend family function and horrible incident happened at my house valuables things has been stolen, damaged has been made to property and burnt my house from inside. Soon after this incident an FIR has been logged on behalf of us by area PS SI and my ex-wife and her associates where the prime suspect and later we came to know the direct involvement of my ex-wife, her own mother, and her step father with some of their associates when she visits my house with her step father and threaten us and said earlier they has burnt the house from inside and now they will do it from outside. But surprisingly their names has not been mentioned in FIR and no action has been taken till date.
However after few months to hide above incident false complaint has been made by my ex-wife with her mother, step father and associates (including local leaders) on my father (who is a senior citizen) and mother stating that “My parents have kept passports of my ex-wife and kids which has valid USA stamping till 2018 and asking my ex-wife to accept divorce than only they return the passports” – 
[Few facts I want to bring into notice here which was totally ignored while investigation: 
Why should my parents will keep passports as if my ex-wife flew abroad we will be easily out from false 498A case.
I am already divorced with divorce certificate in hand, asking for acceptance from ex-wife is nowhere related. 
I had valid US visa stamping till 2014, how can she being on dependent visa holds valid visa till 2018
She herself holds the possession of passports as after few days of burnt incident, she posted on her Facebook page that she is on airport and travelling to Dubai.]
This matter was directly being handled by area Ex-SHO (circle) who is now additional CI and when my father visits area PS he has been wrongly treated and impartial behavior has been shown by SHO. He got very scared and fell ill after this incident as he is BP and Heart patient, very often visits of police with same SI (who handled the burn and theft investigation of my house) started at my house and also phone calls has been made to my father, brother and uncle to come and do settlement (demanding huge amount) in 498A case.one day they took my mother with my brother to police station and keep her in custody till 11pm in the night, seeing this all strange behavior of police My mother has given notice to higher authorities and as soon as notice has been furnished police has raided my father workshop situated in different zone and took his younger brother to police station with hand cuffed.
Seeking for justice we put a reed petition(1) on Ex-SHO/SI in High court along with another petition(2) to take action on house burnt case, where we got direction from and order has been made on petition(1). After all this we came to know there is one hidden FIR has been logged on the false allegations for passports and IPC sections 420 and 506 has been put on my father and mother, police has raided my house in night jumped through wall and damaged CCTV camera when my mother and cousin sister where alone at house and after two days they raided my father workshop and arrested him and remanded him next day, when we seek out for a bail in court updated FIR[Including witness who is prime suspects in my house burnt and theft case] with false confession of my father has been sent by SI seeking of my father judicial custody.

I know a good lawyer can help, but as of now no guidance so seeking for help.

1) How can I protect my father and get him out of custody/jail.

2) How to handle local PS harassment, we also got statements from them why we have put reed petition and having an own house we should not mess with area police etc.

3) What action I can take against my ex-wife and her associates, Is there any valid cases I can put on them.

4) If we have some strong genuine evidence which includes her adult chat and obscene pictures and video calls over skype/viber etc with her boyfriend from the phone she used which I have given to her, Can any action been taken against them as currently they are trying to manipulate evidence against us and threatening my parents to put false cybercrime complaint.

5) In case bail rejected and custody granted by court, what other options I have to protect my father/family.

6) With all this I am not expecting area PS support, In this case from where to get help.
How can I get my child custody?

7) Please advise if it is ok to share above matter on social networking, to seek help.

8) Can new CI request for taking back custody option to court.

I am from Hyderabad, please recommend a good lawyer.
Asked 6 months ago in Criminal Law from United States
Religion: Muslim
1. Since case is already started the first step s to get him out on bail and contest the case on merit.
Since I do not know the content of FIR I can not comment on merit of bail petition.
2.Bring the harassment to the higher authority of Police. You cna file writ petition as well against police excess.
3. File case of threat and criminal intimidation agaisnt her.
4. You can challenge the 498A in quashing on the basis of her adulterous proofs.
5. You can file bail petition in sessions court or in high court.
6. You can file suit for custody of child.
7. No.
8.No
Devajyoti Barman
Advocate, Kolkata
5196 Answers
54 Consultations
4.9 on 5.0
1) if your father is in custody apply to court for bail 

2) complain to commissioner of police against constant harassment by local police 

3) file complaint of criminal defamation against wife and her family members for maligning your reputation 

4) you can use the adult chat and obscene pictures of your wife in your defence 

5) you can also move HC for quashing false 498A case filed against you 

6) in case bail rejected move HC for bail 

7) custody of children would be as muslim personal law 

8) welfare of children is paramount consideration 

9) do not post details of yiur case on social networking sites 

10) search in kaanoon. Com website for lawyers in Hyderabad 

Ajay Sethi
Advocate, Mumbai
23233 Answers
1219 Consultations
5.0 on 5.0
1) How can I protect my father and get him out of custody/jail.

First obtain anticipatory bail and then challenge the false case in the trial court.




2) How to handle local PS harassment, we also got statements from them why we have put reed petition and having an own house we should not mess with area police etc.

If the police harassment is continuing then you may move the Dist SP of police with the details and seek its intervention, a copy of this complaint may be move with the State police chief too and if necessary you may move the state human rights commission too in this regard.







3) What action I can take against my ex-wife and her associates, Is there any valid cases I can put on them.

For the present you should arrange to come out of all her false cases and then plan to file counter cases including defamation cases for malicious prosecution.





4) If we have some strong genuine evidence which includes her adult chat and obscene pictures and video calls over skype/viber etc with her boyfriend from the phone she used which I have given to her, Can any action been taken against them as currently they are trying to manipulate evidence against us and threatening my parents to put false cybercrime complaint.

On the basis of the said evidences, you may lodge a complaint against her under section 497 IPC for the adultery offences, but this can be lodged agaisnt the adulterer only and not agaisnt her though this will certainly make an impact.





5) In case bail rejected and custody granted by court, what other options I have to protect my father/family.

If the bail application is dismissed move high court seeking AB, youmay get it.




6) With all this I am not expecting area PS support, In this case from where to get help.
How can I get my child custody?

Youy have to file a child custody case under guardians and wards act seeking custody of child.




7) Please advise if it is ok to share above matter on social networking, to seek help.

It is not advisable.




8) Can new CI request for taking back custody option to court.

You keep trying the AB before police moves for arrest and until then let them be underground.







T Kalaiselvan
Advocate, Vellore
14008 Answers
127 Consultations
5.0 on 5.0
1. What is a 'reed' petition? I am unable to comprehend this.
2. You have handled the case very casually. When you came to know that a FIR has been lodged against your parents then why did you not immediately apply for anticipatory bail? Grant of AB is cessation of all kinds of harassment by police and complainant.
3. If bail is rejected by the lower court then move the High Court. 
4. At this stage think only about saving your father and yourself and not what action to take against SHO who has committed no crime. You are being naive to think and expect that police will withdraw the custody petition from the court. 
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
1.  You can file a criminal case agaisnt her malicious prosecution but for that you have to come out of the false cases she has filed so far.




2.  The grounds is malicious prosecution but it is to be proved.




3.  Once you have been acquitted then you can file a defamation case under section 499 & 500.




4.  You cannot file an adultery case agaisnt your wife. There is no provision in law .

T Kalaiselvan
Advocate, Vellore
14008 Answers
127 Consultations
5.0 on 5.0
you can file complaint of criminal defamation and criminal intimidation under section 500, 506 of IPC now 

2) you need not wait till completion of trial 

3) you can also file case of adultery against wife lover under section 497 of IPC 

4) since your wife has dragged you in false cases you have to counter attack now 
Ajay Sethi
Advocate, Mumbai
23233 Answers
1219 Consultations
5.0 on 5.0
1. A prosecution for defamation should be initiated only after you are acquitted.
2. You can also sue her for damages on account of malicious prosecution. 
3. If you have evidence of her adultery then she and not you will be in trouble.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
criminal intimidation case can be filed now but malicious prosecution can be filed after acquittal.
2. threats are ground for criminal intimidation case.
3. no defamation case lies.
4.on this evidence no case of adultery lies.
Devajyoti Barman
Advocate, Kolkata
5196 Answers
54 Consultations
4.9 on 5.0
it is your case that   "you have some strong genuine evidence which includes her adult chat and obscene pictures and video calls over skype/viber etc with her boyfriend from the phone she used which I have given to her, "

2) the obscene pictures of her coupled with other evidences will help you in making out case of adultery against your wife 

3) you would not land into any trouble by filing such a case
Ajay Sethi
Advocate, Mumbai
23233 Answers
1219 Consultations
5.0 on 5.0
1. Filing any cse is their right but the maintainability of them is to be waited to be seen, the developments can be watched for taking any precaution in this regard.

2.  Dont get into contact with unauthorised persons including police who may be demanding anything without any relevance, inform your advocate and go by his direction in this regard.

3. You should  not keep guessing about what the opposite party may do and what you have to do when they do that or this, let the thigs appear in a concrete manner, you can take proper action action, hence better confine to your case alone,.

 4.  What you say cannot be predicted


5.  You can file a quash petition under section 482 before high court, let the high court decide.
T Kalaiselvan
Advocate, Vellore
14008 Answers
127 Consultations
5.0 on 5.0
1) if you have accessed her phone without her permission then wife can file complaint before cyber cell against you for breach of privacy 

2) Section 66C makes it an offence to “fraudulently or dishonestly” make use of the electronic signature, password or other unique identification feature of any person. Similarly, section 66D makes it an offence to “cheat by personation”  by means of any ‘communication device’ or 'computer resource'.

3) Communication device" has been defined to mean "cell phones, personal digital assistance (sic) or combination of both or any other device used to communicate send or transmit any text, video, audio or image".

4) "Cheating by personation" is a crime defined under section 416 the Indian Penal Code. According to that section, “a person is said to "cheat by personation" if he cheats by pretending to be some other person, or by knowingly substituting one person for another, or representing that he or any other person is a person other than he or such other person really is."
Ajay Sethi
Advocate, Mumbai
23233 Answers
1219 Consultations
5.0 on 5.0
1, If she files the complaint you can contest it on the ground that you only collected evidence of your innocence.
2. What is the obscenity? If you say no then FIR may be registered.
3. Quashing depends on the allegations contained in the FIR, without perusal whereof it is not possible to say anything.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
Q. How can I protect my father and get him out of custody/jail.
A. after the judgment of Anresh Kumar 2014 SC parent and relatives of the husband cannot be arrested in the offence punishable u/s 498A. husband may be arrested only on order of the magistrate when notice under sec 41A crpc has been issued. 
Shivendra Pratap Singh
Advocate, Lucknow
2744 Answers
41 Consultations
4.9 on 5.0
you should file a petition under section 498A crpc for quashing of her complaint because :
1. it is filed after inordinate delay and after divorce.
2. no injury report and other corroborative evidences are mentioned in complaint. 
3. it is filed in retaliation of divorce. 

if you can prove that complaint lacking necessary evidence to prime facie establish offence of cruelty its may be quashed by the high court. 
Shivendra Pratap Singh
Advocate, Lucknow
2744 Answers
41 Consultations
4.9 on 5.0
Q. In case bail rejected and custody granted by court, what other options I have to protect my father/family.

A. you may take protection order from the high court  on the basis of Anresh kumar's case. no coercive action like warrant or arrest can be issues or taken by the district court. if police arrest you it will be an act of contempt of court. 
Shivendra Pratap Singh
Advocate, Lucknow
2744 Answers
41 Consultations
4.9 on 5.0

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