I had filed divorce case in July 2016. To retaliate that my wife just now filed FIR in dowry case including names of my entire family- father, mother, brother & his wife. Since my marriage I am leaving at my work place with my wife. My other family members are not leaving with us. Father and mother leaving at my village. Brother n his wife leaving at Bangalore since he is a govt employee, he ony comes 2-3 times annually to our village to meet parents. Me and my wife usually visit to village. Literally we all leaving separately. My father also disowned me and my wife in the month of May 2016 after an unsuccessful attempt and conspiracy from my wife n in law to trap my parents in dowry case by making fire at home (village) by my wife n calling police at home. My father in law is a lawyer n plays with law to harass my all family. After this incident only I filed divorce case. What should I do to keep my family members safe and away from all this. Pls Guide....
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1) obtain anticipatory bail from sessions court for all family members
2) wait for police ti complete investigations and file charge sheet against you and your family
3) based on legal advice apply for quashing in sessions court
4) continue with your divorce case against wife
5) file complaint of criminal defamation against wife and her parents
1. Since the FIR has been filed all the accused persons named in the FIR should apply for and obtain anticipatory bail to preempt their arrest and detention. Bail should be the emphasis at this stage.
2. The divorce case can proceed on merits irrespective of 498A criminal case.
1. When FIR has already been registered by police, apply for and avail anticipatory bail immediately for all the accused.
2. After that contest the 498A case fittingly.
3. After the 498A case is dismissed, you all can file a criminal case against your wife u/s211 of IPC for lodging false complaint against you.
4. Pursue your divorce case fittingly also mentioning the false 498A complaint since Supreme Court has considered false 498A complaint is a form of cruelty to be shown as a ground for seeking the decree of divorce.
For the present all your family members have to be enlarged on anticipatory bail and wait for the charge sheet to be filed before court by the concerned police.
After that you may move high court with a petition to quash charge sheet under section 482 cr.p.c.
You can discuss with your lawyer about this in detail and proceed as per his advise.
Actually you have good merits in the case filed by her against you people hence try all the possibilities.
I filed quashing in high court. Court said it's to early to come for quashing. 1st produce your evidence to IO police if police don't accept your evidence & chartsheet your family member then come for quashing. Now police chartsheet me & my mother for the case & removed name of rest family members. I took bail for me & my mother. Since my mother name is still in chartsheet should I continue the quashing or withdraw quashing case? My other family members are safe now or not? In maintenance case court order for Rs 10000 as interim maintenance. My wife already appealed for Revision in session court. My salary is about Rs 50000/mnth but I am only getting about Rs 20000/mnth in hand since having some loan liabilities. My wife is well educated & capable & had work experience in past. We also have a infant baby of 1yr. Suggest how to minimize maintenance. Is it a good thought to give divorce & maintenance case to one advocate and Dowry case to another advocate.
You can continue with the quash petition even now seeking to quash the charge sheet itself.
The other members have been removed from the charge sheet. It means there is no case agaisnt them.
For maintenance case you can argue on the points which you have narrated here.
There is nothing wrong in the same advocate conducting your all the cases himself.
you can file for quashing of 498A case against your mother
2) Rs 10,000 maintenance is reasonable considering you have bbay child of one year age
3) contest revision proceedings . rely upon wife working experience
4) you can engage separate advocates for your 2 cases
1. High Courts do not entertain petition for quashing the FIRs before charge sheets are filed by the police.
2. So, it was premature step on your part to file the quash petition before the police had filed Charge Sheet in the said matter,.
3. File a fresh quash petition if the earlier one has been rejected by the High Court duly finding out the loopholes in the charge sheet.
4. Contest the revision petition fittingly.
5. You can also counter file a revision petition challenging the said interim maintenance order submitting adequate evidence before the Court proving that your wife is highly qualified and is capable of earning for her own maintenance.
6. If you get a very trustworthy and capable Advocate then you can give all the cases to him for defending you. Otherwise it is always prudent to engage different lawyers for the different cases.
1. You can continue the quashing petition if the chargesheet has been filed against you. Those family members who have not been named in the chargesheet are out of net, but the complainant can file a protest petition to challenge the B report given against them.
2. Engage one lawyer for all your cases.