Hello, my brother have filed section 13 divorce petition against her wife. Now she is not going in any dates. And she have started filling wrong and false complaints on police helpline. Police comes and go after seeing that she is creating unnecessary issues without any proof. She is still living in our house. She keeps on complaing to police but she have not filed any case against us, his husband and my family. No 498 and no DV. (Marriage time: 10 years) When police stopped coming seeing her false complaints, she started complaining that i and my brother are doing illegal work of repacking food items. We have proper license of doing work. So police didnt said anything. Now she have complained CMo, DG , DM, AIG on twitter in writing about me and my brother taking our names in a letter saying that our product is dangerous and poisonous. Around 30 police have raided our house but they didnt found anything and went away. We have filed defamation case (500, 323, 504, 506) against her and case is accepted in CJM Court as well She is also trying extorting money and we have filed extortion case also. Still she is not having any problem and is not going on any date on any of these 3 cases and no vakaltanama has been filed from her side in any case. Now she is planning to complain a false rape and attempt to rape charges against me and my father. How can i get myself and my father safe from this upcoming problem. Is there any case or any remedy which i can take help of . Any anticipatory bail order or any report which i can submit in court about her future actions? Plz help as i need any solution and guidance. ?
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You can apply for anticipatory bail only after FIR is filed
2) in your application mention that this is counter to divorce and defamation case filed against her
3) if house is standing in father name he can seek court orders to direct your wife to vacate portion of house in her possession
4) Contact local lawyer
1. To file anticipatory bail the FIR needs to be registered and once that is done you can easily get bail.
2. So there is nothing to get worried much even if he files the 498A case.
3. File Revision case in high court to expedite the criminal case.
When you are sure that she will do such things then you might have some evidence about it by saying her that she will put such complaint against you and your father. If you do not have then try to gather it and go to police station and write a report that she is going to do such thing they will guide you.
If she is not remain present in court then court will send notice and even though she failed to come court will give summons too and if not then court will dismissed/disposed the matter. Don't worry about that topic court will handle it.
See there are two different cases so police will not club family and criminal business cases together.
So if she filed 498a case against you and your family members than need to take anti bail otherwise not.
Now the problem with the business products process it should be as per FASSAI rules and regulations.
If you're business is as per FASSAI rules than no need to worry about it.
Keep focusing on the cases you have filed against her.
You cannot take any anticipatory bail before she lodges a criminal complaint with the police about the intended rape case, you may have to wait for her to take any such action for filing an application seeking anticipatory bail.
To avoid any such action you and your father may better vacate the house and stay away from her so that she has less chance of filing such cases against you both.
Kindly immediately approach the nearest police station with a "Protection cum Intimation letter" in your and your father's name. In its content please put all the details of whatever case till date have been filed and whatever conduct she has displayed in the house. Send the copy of such letter to the Home minister of the State you reside and also send the same to the Police commissioner of the State.
In pending litigation kindly place application to "close her right of defense" and convince court to pass ex-parte order to cease her from doing such acts and harassing you .
If FIR filed against him take anticipatory bail immediately
Dear sir,
You can obtain an anticipatory bail from the Sessions Court, which will prevent you from getting arrested.
Install a CCTV in the common areas of your house and keep collecting all the evidences against her and in your favor.
Give a written complaint to the local police station and copy it to SSP office mentioning about all of this.
As far as Section 13 is concerned, ask your advocate to press the court to start the proceedings ex-parte.
1. You just need to take extra care when your sister in law is around you.
2. Don't stay for long time with her in same area, install Hidden cameras to safe gaurd yourself in case of any false complaint.
3. Anticipatory bail cannot be filed on suspicions of false cases.
anticipatory bail cannt be applied at present instance, however you can file complaint to police that she is threatening you of false rape charges.
You must file writ before high court. In lower court if you appear than you will have to seek bail and then investigation will proceed. Alternatively you can participate in investigation and prove your defence before I.O. If he is convinced he can close the case without your arrest.
Regarding Bedakhli: Under what act and section can parents disown son and his wife. Bedakhli karne ke liye kaunsi dhaara ya act lagaya jaata hai DM ke saamne application file karne ke time. Plz mention any referrence link , act and section which my parents can show to ACM to disown their elder son and his wife. DM have transferred case to ACM as he is busy. Now ACM wants us to show him any where writte law that parents can disown son. Property is made by parents and not inherited. Plz help regarding act and section - sub section. Or any book related to this which can help me and can be shown. I know that bedakhli can be done but i have to mention it in sonewhere written or any old cases. Plz help.
there is no legal concept of disowning an adult child in India.
2) In case of a selfacquired property, the parents can disinherit a child by executing will
3) .. If a parent dies intestate, the self-acquired property will go to the legal heirs.
4) parents can evict children by filling application before senior citizen tribunal under provisions of senior citizen act
No section needed in the same they can disown him anytime through a news paper publication
There's no provision in law to disown any relationship between the people.
If there's no law to such acts, then doing such acts can be termed as an act out of law, therefore don't insist on giving you opinion on doing illegal acts.
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Just a notification through public notice in newspaper will solve the purpose and still if you have apprehension you can further make a registered will in whomsoever favour you want to this is the ideal way for going through the same.