Legal Question in Criminal Law in India

I fell in love with a girl and we wanted to marry. But her father wanted his daughter to get married to his nephew, she left her parents and demanded me to marry her. As per the hindu cast and customs we got married and our marriage was registered before sub registrar and we led our conjugal life happily for two months in my house.

since myself and my wife belongs to lower and upper castes respectively, her parents never accepted me and they opposed right from the begining. They tried to separate my wife from me by hook or crook.

Finally one fine day, they invited us so as to honour the new couple,i have sent my wife without suspecting their malicious intension. They agreed to send her back to my house in compliance with the good wishes. She went to her parental house along with her parents with my consent.

The same day evening my wife came back to our house and demanded me to give her divorce else their parents were going to commit suicide, i was shocked by the drastical change in her behaviour, but i smoothly refused. She immediately called her parents to come and they arrived with in half an hour. They started raising their voice in abuse against me and my parents.

My wife's father tried knotting my neck with his hands, but my wife has come and tried to release her father... all this is going on, my wife also got a scratch on her neck. Then, her parents took her away and went out besides being abusing me in a filthy language...

The very next day i was summoned by the local police station based on the compliant given by my wife, stating that, i tried to hung her to fan with saree and my mother demanding additional dowry. The local police registered a crime number with the sections 498(A) & 307 of IPC against me and my mother, with out conducting any couselling to me and my wife.

Police sub inspector and my wife's father bombarded and created false witnesses against me, who were not present at the time of this event as alleged by FIR. S.I examined the 11 witnesses and out of 11, L.W-7 is the direct eye witness and she stated that i never commit any offence as alleged by the F.I.R, but S.I changed her statement completely and created a false one, with an intension to implicate me in the false case. Subsequently the local area police filed their charge sheet against me and the court issued a charge sheet.

Later we got to know that Sub inspector of police has completely changed her statement and made a negative one, which was not stated by the L.W- 7.

Assisstant commissioner of police re-examined the witness L.W-7 and he understood that the mistake is from sub inspector. L.W-7 told the ACP that what ever recorded by sub inspector is not correct. further to this she also told that "he (my self) doesn't commit any offence as alleged by the FIR".

But even ACP didnt take any further action against sub inspector.

Now that i would like to ask you people, how can i get the justice in this case, as otherwise i will be implicated in the false case and my future will be damaged.

Please give your valuable inputs and suggestions!!


Asked on 6/02/10, 8:19 am

2 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you may approach the high court and file a petition. better make the girl also a petitioner in the writ petition and seek the desired reliefs.

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Answered on 6/02/10, 10:28 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Your only hope could be your wife. Now since she has decided to side with her parents, it is better for you to stay cool for as much time as possible and wait for better times.

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Answered on 6/03/10, 7:15 am


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