Legal Question in Civil Rights Law in India

Dear Sir

My wife is really threatenting me to file the case under section 498A and 376 against one of my relative ( sexual harressment) and demanding to shift one of my sister( 59 years old ) who resides with me .

Actually my wife is getting controlled by my mother in law and he is really trying to bring my old sister at road. My sister is just like my mother who has brought me up since my child hood. My sister has a son and daughter in law but they use to quarrrel with my sister so i have kept my sister with me as she is really my mother you can say since my childhood.I cant live without her.

Actually since the last 3 years of my married life we were living happily . But my wife has been very much influenced by her own mother and In last October '2012 my wife threw my one month baby and my house and left with her mother . Her main demand is to throw my own sister who is 59 years old and she is just like my mother.

Recently last week my wife came to my town and went to police station then the police called me and askedthe matter , i said sir i am ready to keep her but i can's throw my sister away . This discussiion was oral only. The police then told me to give my child to my wife ( since the last threee months since october my wife is with her mother and travelling here n there and my child was with me and my sister only) i have not seen any written complain in the police station. next day we both we were called at police station to sign on a register where some statement my my wife has been written. the Police station has asked us to visit the police station one month later with our decisions.My wife is residing with her parenets in a local ashram in my city only.I tried much with my family members but nothing worked out.

My wife is threatening to file case of 498A against all of us. I have kept her very well since the last three years but all this she is doing to throw my sister on road .Please Suggest can i send any lawyers notice to her to come to house without any condition within 15 days or should i file any case to safe guard my interest .


Asked on 1/28/13, 1:02 am

3 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you may approach a local lawyer for appropriate legal remedy.

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Answered on 1/28/13, 1:22 am
Fca Prashant Chavan Expert Edge LLP

28.01.2013

Dear Sir,

(Mira Road, Mumbai)

Although I do not specialize in family laws, it is important that you always obtain a copy of the contents of the FIR lodged by your wife or any of her relatives in the Police Station, before you sign the register at the Police Station. Always give your written reply to the complaint lodged against you and obtain an acknowledgement of the Despatch Clerk at the Police Station. By law, it is binding on the Police authorities to furnish a copy of the complaint lodged by the opponents to the aggrieved party.

"The power of defence is a thousand times the power of attack". Being an aggrieved party, play the defending role in the matter, and seeing your firm conviction, your wife will be forced to follow you. Politely explain to your wife to return in the face of the fact that she has an added responsibility to work your marriage to protect the future of your child.

All the best.

Regards,

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Answered on 1/28/13, 2:46 am


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