498A, 313, 323, 506, 504, 377, 34, 3, 4

[Mayjune]

All above filed against husband, in laws, sister in law, brother in law – all 5 members in family. Background – marriage happened on 27th nov 2015 in cityA. on 28th nov 2015 morning, couple arrived at parental apartment in cityB. on 29th november 2015, sister in law left for abroad – she works and is married abroad. Brother in law left for in laws place on 30th nov and left abroad on dec 8th- he ia also married and works abroad. Couple went to Vaishno devi on 30th nov, came back on 2nd dec and left for honeymoon on 6th dec, came back on 15th dec.

On 17th Dec 2015, couple shifted to other rental place nearby. This was partly because girl was working and elderly parents did not want to interfere in child’s married life, when they gotup, what they wore, who they met or how many servants they employ etc. Parents had been always liberal and gave independence to all three children whole of their lives. After marriage, parents mostly lived in cityC where their elder son had another house – trying to sell off the house , couldn’t do it earlier because of younger son pending marriage.

Girl and her parents were initially happy that the girl went independently to own home but soon got unhappy. They were eyeing parents property (two houses, one in cityB and other in cityC) and money and as soon as they realized that parents are distancing themselves, they began to get hyper. Girl family threatened in laws, boy on phone with contract killing, acid, girl would threaten boy with police case all the time. Girl and family started to spread rumours in neighbourhood, workplace, family. Boy being alone and knowing what could happen kept quiet. However, things got worse with the news of pregnancy of girl in end of Apr 2016. Girl became super hyper and demanded properties to be transferred to her name or child name if boy wanted the child. Boy declined to do that. Girl and family made a PCR call and complained to police in cityB same day. They went back to their cityA on being told to file a case in their own city to avoid travel.

First week of May 2016, all above cases filed against all 5 members of family. CityA police came searching for boy and family at office, house etc. Parents were in cityC, brother and sister abroad and boy in another city for office work. Boy got FIR copy through lawyer, that’s when he came to know girl has already aborted baby and put blame on him and family.

10 days after, a criminal writ filed in high court and stay granted for boy and parents, mediation suggested with boy asked to pay hefty amount per month for girl and other expenses. Writ for brother and sister yet to be filed since they need to get a letter through embassy.

emotional questions –
(1) does law ALWAYS give upper hand to girl(daughter in law) regardless of who is at fault? can a girl never be at fault – how do we prove our innocence when law is so biased?
(2) okay, law is biased towards girls. what fault does sister in law make who left next day of marriage and has two little kids 1 and 5 years? isn’t she a girl? what fault if of 70 year old liberal mother in law who did not blink to give independence to couple and blessed them to lead happy married life. Infact, bought appliances, furniture, setup their house when they were out on honeymoon? Isn’t she a woman? why so much bias against women for a woman?

legal questions –
(1) we tried to file FIR in cityB for abortion of baby without husband permission. SHO has taken application but hasn’t filed FIR yet. Should we pursue it as people say that will not serve anything? is that right? because we know for sure if we keep sitting quiet, girl and family will not let us live in peace. we dont want to teach them, but should we not save ourselves? and we have lost a baby here and the guys who did this don’t even have a sign of worry – they are trying every way to extort money.
(2) the rental house – can that be vacated? girl took anything and everything from home including cash, jewellery, clothes, utensils, whatever she could put her hands on. same day after filing the police complaint in city B
(3) possibility of mediation with a girl who didn’t even keep our baby and threaten us all the time, we are not in the littlest mindset of doing that. Would law prevent this family from killing us after she comes back to live with boy?
(4) Mutual consent is not option on the table here. They will not agree unless circumstances force them to agree.
(5) Can girl claim parental house? It is in elder brother and mother name. We don’t inherit any property from father (he was at junior position in bank). All three children have toiled hard to study and earn and buy house for parents.
(6) FIR against brother , sister, parents – should we apply for quash?

we have understood only way we can save ourselves is by finding right legal option but no one is telling us which course should we take? and moreover, police and court aren’t listening to boy’s side.

Please advise. You may ask us for proof of our truth. We have some (few) audio recordings of threats from family, plan to make a case, take all valuables from house etc .

[Dr. Ashok Dhamija]

It is true that generally the law would favour the woman in matrimonial disputes. This is due to the reason that women have generally been suppressed. However, even though the law would generally favour the woman in matrimonial matters, it does not mean end of the road for a man. You can still fight the case on merits and get justice if you feel that you are the aggrieved party and have sufficient evidence to prove your innocence. How to prove your innocence – it will depend on the detailed facts of the case. You may keep all evidence in your favour ready and if need be, engage a good lawyer in your city and consult him.

Nowadays, generally the courts have started taking a comparatively lenient stand in respect of relatives of the husband when the whole family of the husband is unnecessarily involved in a criminal case. This is more so, if some of the relatives are living abroad. While nobody can stop your wife from making allegations and filing FIR against relatives, it should be possible for you and your relatives (including female members of your family) to prove your innocence. You’ll have to fight the case in the courts and try your best to prove your innocence.

If the SHO of the police station has not taken action on your complaint relating to abortion, you have the option of approaching the Magistrate court by filing a private complaint case or seeking direction to police to conduct investigation. If your complaint is genuine, you should be in a position to pursue it successfully.

It should be possible for you to vacate the rental house. From the facts mentioned by you, there does not appear to be any legal hitch, such as stay from any court on this issue.

Generally, in matrimonial matters, courts would suggest mediation. It is for the benefit of both parties if an amicable solution can be found. Otherwise, multiple litigations between the two parties may take a lot of time, energy, money from both sides, also leading to health issues. An amicable solution, at first instance, may appear to be difficult monetarily, but if you compare the long-term costs of multiple litigations, it may still be cheaper. Litigations continue for several years (sometimes for decades), with appeals, applications, revisions, and the like, from one court to another. However, mediation is not binding even if the courts have suggested it. But, if you don’t agree for mediation, then you should be ready to continue long-drawn litigations.

If both parties cannot stay together, and also, if they do not agree to a divorce by mutual consent, then the only option is to file a divorce petition which would be opposed by the other party and continue with this litigation till logical conclusion. Normally, divorce by mutual consent is desirable and advisable instead of fighting the case for long durations.

Generally, the right to stay in the shared house may be granted (see, section 17 of the Protection of Women from Domestic Violence Act, 2005, reproduced below). Right to claim ownership of the parental house may not be possible, generally speaking.

“17. Right to reside in a shared household.—(1) Notwithstanding anything contained in any other law for the time being in force, every woman in a domestic relationship shall have the right to reside in the shared household, whether or not she has any right, title or beneficial interest in the same.
(2) The aggrieved person shall not be evicted or excluded from the shared household or any part of it by the respondent save in accordance with the procedure established by law.”

Also see, Section 19 of the Protection of Women from Domestic Violence Act, 2005, which deals with “Residence orders”.

If your parents, sister and brother-in-law were not staying with you and are not involved in the case, you can try for the quashing of the FIR as against them. Nowadays, the courts are generally sympathetic to these issues. Otherwise, even during police investigation, these facts can be shown and they may not be charge sheeted if there is no evidence against them.

You don’t have to share your proof with me or any one else on this online forum. Please show your evidence to your local lawyer whom you have engaged for your case.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Mayjune]

Thanks so much. I appreciate your detailed response. This is the dilemma. We have evidence but to prove our innocence, we need to fight in court. At the same time, court case are very lengthy and advisable solution is mutual consent. Also, if we fight, we are running against the tide since law favors women (as evident from court granting hefty monthly compensation to girl despite us giving facts and without court knowing the genuineness of complaint)

I understand money will either go to girl or in litigation. I will prefer to spend money in litigation as girl family is too shrewd and greedy to be agreeing upon a reasonable compensation. But that decision does not just impact me but my whole family.

So coming back whole circle, it is actually end of road for man. Either way, he will suffer. I wonder if the law for girls was meant to serve this purpose and if any genuine women sufferer has gotten relief from this law. It is just harassment and exploitation by educated girls. If girl is educated and qualified, shouldn’t first investigation take place and then case be filed against boy and family?

Questions:
Here is our current course of action:
1) Have the court ruling ‘received’ at police station in cityA (because we came to know that police came searching for boy and family multiple days at home, office etc – the entire process of applying for writ took 10 days). While the boy was away, a summon was also sent at our home in the name of boy (by postman), however, the guard of apartment turned him away since no one was at our home to receive it. At this time, we have no idea what the summon was for. My question, does this ruling save us from wrath of police? [Clearly, girl family is either spending enormous money or using some source to have police come looking for us so many times]
2) Get our FIR filed in cityB or go to magistrate court with private complaint as suggested by you
3) Get date for mediation (court has advised to mediate for 3 months)
4) How long does it take for investigation to start for FIR started by girl family? Would it start in the time mediation process is in-progress? If it starts early, we at least have a chance to give our evidences to police before the mediation time of 3 months is over and we are back to square one.
5) We are also concerned about police investigation being influenced. I am not sure if currently the police is being influenced by money, reference or web of lies to carry out so many searches (I am in the process of finding more on number of searches carried out, summons etc). However if it is money or reference, then investigation can surely be influenced later too. So I am not a girl and I do not have police contacts, so it seems easy to put me behind jail just on basis of word of mouth by girl (valid or invalid, doesn’t matter).

Thankyou

[Dr. Ashok Dhamija]

From the facts mentioned by you, it appears that the police has directly registered the FIR in city A on the basis of the complaint given by wife. When the complaint discloses cognizable offence, there is no need for Magistrate’s order.

Whether to file FIR in city B or go to Magistrate court with private complaint? It will depend on facts. The FIR has to be lodged in the city where the offence took place. It cannot be filed in other city. However, if the police refuses to register the FIR, then you can approach the Magistrate court with private complaint.

Investigation starts immediately on filing of FIR. It can continue even when mediation is going on, except when there is a stay on investigation from a higher court.

One cannot answer the question of influencing investigation in general. It depends on the facts of a case. If you have evidence that someone is influencing investigation with money, you can approach higher police officers or the courts.

Please engage some local lawyer so that you can get proper guidance on all your issues.
     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Mayjune]

–update
high court stay order passed on Jun 13, yesterday June 17 police came again searching(this is fourth time), inquiring, checking entry registers, talking to people etc. I wasn’t at home. So high court stay but still this is happening. we can’t do anything? if police has not received court orders yet, that is also our responsibility to go to city A and get that done. Sure – i hope everyone guilty is doing that, non-guilty are definitely doing that. Tomorrow going to get order copy ‘received’ in police station-cityA. Let’s see.

From the facts mentioned by you, it appears that the police has directly registered the FIR in city A on the basis of the complaint given by wife.
— TRUE (with all sections mentioned in subject)

The FIR has to be lodged in the city where the offence took place
— YES, we gave the application in cityB where offence (apparently not) took place. Tomorrow I am going for FIR. I have proof, not sure police will entertain them. Let’s see

just want to write some where on what is happening. helps me get sleep for some time in night. Thank you.

[Mayjune]

18 Jun- went to cityA police station. Got the stay order received. Had the sub inspector read all our proof given in writ. Had him listen to recording too. Inspector did not seem concerned about the false case against us though he did not say that in words, even had lunch with us. Got to know girl family has submitted doctor report with the FIR. Could not get any information about the doctor or nursing home so far. Looks like a local nasty NGO head had some role in drafting FIR , getting report etc. Got to know that NGO head is girlfriend of girl’s brother so that seems to be reason for her helping hand in false case (or maybe the NGO does false cases only – who knows?)

18th June evening – went to cityB police station to register our FIR on the application. Inspector asked us to come 19th June morning at 11 am and assured he will write the FIR.

19th June morning – went again to station. Inspector denied to write FIR. He said he will first investigate. Clearly – he is making us run around. Money didn’t work either. So, influence – YES. No one is telling us anything, who is influencing, where is it coming from? What can we do? So now – private complaint in magistrate court – Can you please tell us how much time does that process take?

Can we upload our recordings to social media (facebook) and have them sent to friends and relatives, office of girl and family? or whatsapp them – I have phone numbers of some contacts. Is that allowed since same recordings are our evidence in court? Media wouldn’t listen to men’s screams. But If we try, can we send them to media? Should I go visit some women NGOs with my mother and ask for support? Mother is really unwell these days 🙁 Would meeting NGOs be of any help? Is there any other means we can gather support?

Since listened to inspector saying No to FIR , can’t think anything. There is darkness in front of eyes. Please God ‘agle janam mujhe beta na kijo’

[Mayjune]

we have come to know that 313 can NEVER be fruitful against girl since she doesn’t need husband permission to abort. Most people say they haven’t seen single case of 313 against women in their lengthy service. That means our FIR application is flawed -should we not pursue it? What other sections can we apply instead?

[Dr. Ashok Dhamija]

You may have to file the complaint under Section 312 IPC if you want to file the complaint against the woman who aborted, provided other conditions of that section are satisfied. Section 312 IPC is reproduced below:

“312. Causing miscarriage.—Whoever voluntarily causes a woman with child to miscarry shall, if such miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if the woman be quick with child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Explanation.—A woman who causes herself to miscarry, is within the meaning of this section.”

It is clear from the Explanation attached to Section 312 (as above) that a “woman who causes herself to miscarry, is within the meaning of this section” which means that she can be punished under this section.
     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Mayjune]

met with CO, he understands but says law doesn’t allow him to file second FIR for an offence that already has a FIR filed and investigation is on-going. So looks like who ever gets to file FIR first, gets away with it. Of course, girl is always the first one to do so since she has so many sympathizers and can do so without evidences.

Is this true? Can we not file FIR under 312 as there is one already by girl under 313? I am okay with that kind of law if it exists but the question is 313 was filed in cityA police station where they can influence the IO. How shall I deal with that?

[Dr. Ashok Dhamija]

Two FIRs for the same offence are not possible. But, during the investigation of the first FIR, if police finds that the complainant herself is the accused or that a different offence is made out (on the basis of evidence available) then it can file charge sheet against a different person (including the complainant, if necessary) and under different sections (such as 313 can be changed into 312). So, you should try that the relevant evidence comes on record during the investigation.

Merely because the offence is registered in the city where the other party resides, does not mean that the police will be influenced by them. You have to try your best to cooperate with police and show whatever evidence you have with you to the police. If need be, approach the appropriate court at the appropriate stage. My suggestion would be to engage a good local lawyer, since it appears that you have too many doubts.     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Aastha Kaushik]

sir, If somebody has medical in IPC 377 , then is there any probability of arrest of accused?

Although it is non-bailable but triable by police so can police destroy the evidences and favour the accused?

[Author]

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