Legal Question in Family Law in India
Respected sir,
I am the resident of Sriharipuram with jurisdiction of malkapuram police station. I am doing computer hardware services. In the Year of 2006 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.
I therefore request you to please take my compliant and verify the statement of L.W � 7 and take action against the sub inspector of police, malkapuram and do justice,as therwise I will be implicated in false case and my bright future will be damaged.
Adari Harish
# 63-2-118/b,
Indira colony,
Sriharipuram, malkapuram post,
Visakhapatnam � 530011
Andhra Pradesh.
Ph;9966906653
2 Answers from Attorneys
this is a matter of trial and your lawyer has to cross examine the witness and only then the truth will come out.
You have to file a private complaint against the sub inspector with the affidavit of LW 7
you may also file a criminal writ in the high court for quashing of f i r based on false investigation on the basis of affidavit of lw -7
you may seek legal aid from the state if you cannot afford an advocate
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