The matter is that my wife and her faimly members along with 10-12 persons(Belong Bajrang Dal) attack on my faimly on 22th aug 2017. My father and me were seriously injured in that incident mean while I called on 100 and putted FIR against my in-laws but politically pressure police compromise between us and forced us not to do medical. My wife was sent by our society person to her home on same day. On next day Myfather put two cases in court (a) dissolved me and my wife name from his faimely. (b) under section IPC 323,427,452,392,504,506 he put case against my BIL(Bajrang dal Leaader),FIL and my wife. After one month on 19-sep-2017 her brother threaten us that he will put case of rape under IPC 376 and 377,home-voilence and dowery act against me and my faimely members if we dont compromise with them. My wife and her faimly members aim is that I live along with my wife seperately but I dont want that as my mother-father is dependant on me. thats why they pressurize me. Please give me suggestion in details 1. what to do. 2. How the rape under IPC 376 and IPC 377,home-voilence and dowery act impact on us. How can I escape from this. 3. this marrigae wont going work then how can i get divorce from my wife.
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
1) no case of rape is made out against you as she is your legally wedded wife
2) in case false rape , dowry case is filed apply for and obtain stay against arrest from HC
3) take the plea that it is counter to cases filed by your father against BIL ,FIL
4) file for divorce on grounds of mental cruelty
1.No marriage can survive under fer of case or blackamling.So this marriage is broken for sure and think in terms of divorce only.
2.Do not worry as no case of rape would be filed agaisnt you. Since your father has field agaisnt them and you and your wife has been staying separately for sometime no case of rape would stand for sure.
3. So file a suit for divorce without delay and fight the case already filed on merit.
1. Do not cave in. If you have filed criminal cases then pursue them to a logical conclusion.
2. If police does not conduct a fair investigation or you are being harassed in any manner then you may file a petition in the High Court under 482 CrPC for fair investigation or protection from harassment.
3. If she files a complaint of rape against you the onus will be on you to prove her allegations. Apply for anticipatory bail as and when she files the FIR.
4. You are free to file a petition for dissolution of marriage on the ground of cruelty.
You wife and her family cannot force you to leave your parents, compelling you to live with your wife separately.
You can seek a divorce from your wife on this ground itself, that you are being compelled by her to abandon your parents and live with her in a separate residence.
Even if they lodge a FIR against you under IPC 376 and IPC 37, home-violence and dowry act; nothing to worry as there is no automatic arrest in these types of matrimonial FIRs. You will have the option of approaching the High Court seeking quashment of the FIR.
Since they have political influence they will try to do all types of illegal activities against you.
You can file a petition against the concerned police before high court under section 482 cr.p.c direction to police to not to harass.
You take the help of a local lawyer to handle such situations properly.
If you have evidence to prove that they have given you threats to file a false criminal case against you under Section 377 then you should move a complaint under section 200 of the code of criminal procedure against time. You should file complaint as early as possible because it will protect you. if they file a false case against you then you can easily protect yourself to show that you have already filed a complaint before the court regarding threatening of filing a false case.
