Legal Question in Family Law in India
My sister had filed for three cases in judicial magistrate�s courts � divorce, child custody (2.10 years old child) and maintenance. Then a few months later, there was reconciliation. But the boy�s side went back on the agreement. Instead he started threatening our family. So my sister filed the three cases again.
These are the events in brief:
1. The boy�s family got the boy�s uncle to lodge a false police case against my father.
2. The boy�s mother lodged a false police case against my father and sister.
3. The boy has filed a false court case against my father and sister.
4. Lately, the boys� father has lodged a false court case against my father.
They have used their family members plus a relative in building false cases against my father and sister.
This is what we have done in defence:
a. Filed harassment complaints (for the two false police complaints) with the state human rights commission. The commission has taken the cases. The first hearing is next month.
b. Filed court case (in judicial magistrate�s court) against the boy�s uncle for building a false police case.
Obviously boy�s family is misusing law to create hurdles in maintenance and custody and to harass us. To them, lodging false police complaints and false court cases is like buying groceries.
We had kept our cases to a simple minimal. Our purpose is to get what we legally deserve � maintenance, child custody and maintenance without filing false cases and without writing lies. However, the boy�s family�s does not have the same view. They believe in building false cases and causing us maximum harassment. Therefore, I am back to this forum for opinion and support. What can we do to make the boy�s family fear law and to send them the message that we are simple but certainly not quitters.
Though it does not directly relate to cases, I will mention that the boy�s brothers have been to jail once. For them lying and lodging false cases is an ordinary thing. However, it does cause us harassment.
My questions are:
1. What should we do to deter the boy�s family from lodging false cases ? As you can see, our approach so far has been defensive. At the same time, what we do should not bring too much additional botheration for us. We are already dealing with 9 cases. That is more than enough for one man to handle, which is my father.
2. The boy�s family has lodged all cases in their home town (the police case lodged by boy�s uncle is in his hometown). We have been advised strongly not to travel to their hometown. Also in the reply to police cases we have said that there is risk to our lives in travelling to the boy�s home town and that we have not visited their home town since the girl and the boy separated. They have falsely claimed in their cases that my father and sister visited their house and harmed them. Can we get the cases 3 and 4 transferred to our city by filing a case in high court ?
3. How can we highlight to the court that the boy�s family is continuously lodging false cases (average one false case every month) ?
2 Answers from Attorneys
3. you may approach the High Court for appropriate relief by giving details of all the cases.
2. You may seek transfer of all the cases at one place.
1. you may not be able to stop someone from filing a complaint even though the allegations may appear false to you.
You must get out of this situation. Ask your sister to file a complaint u/s 498A/406 IPC against the husband and all her relatives, to the SHO of your area. For transfer of all the criminal cases you need to approach the Supreme Court Court u/s 406 Cr.P.C.
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