Forum Replies Created
-
Posts
-
DRight now your bf’s best option is to get a really good lawyer. Posco act is way above Reddit discussion .DYou need to contact a good lawyer and also send notice to his command. Such notices are taken very strictly by the Army commander and can affect himDBhai 2 things 1) I was typing on phone so typing error which I agree I should have been careful but I am not giving legal advice . Itna apko pata hoga . Baki if I had to do it in front of judge vo main handle kar leta have 2 judges in family toh bata bata dete mereko. Baki mujhe mat sikhao concentrate on your studies .DEven if he is the son of a mayor it doesn’t matter you have legal options
1) get a lawyer who will draft a legal notice and arrange it to be sent to him. Attach all copy of proof, amount etc including the one you received
2) if he still refuses file an FIR under section 316 of BNS . This will wake him up suddenly .
3) under order 37 of Crpc file a suit of recovery and attach all past and present proof.
Try to create as much pressure as you can . Also now days legal notices can be sent via WhatsApp
Good luck
DThanks . Although this never happened to me but this is very useful . How can we know the relevant rules in BNS ?DI am not a lawyer but will try to advice you from what I can comprehend.There are not much facts stated by you . While directly you can’t be forced to pay or have thing to do with your fathers debt however, as a part of your family he may have to undergo legal problems if he can’t pay.
However, don’t loose hope. You have below options
1) find a good lawyer explain him the case and file for appeal
2) if you can’t find a good lawyer then file for installments with the court
3) your fathers last resort is to file for indigency or pauper status under order 33 of Code of Civil Procedure in the same court. Basically you are informing court that you don’t have money to pay. Your father might have to submit income certificates, bank statements, proof of unemployment, affidavit that you can’t pay etc. the court will hear your petition and then may either grant you complete exemption from payment , may offer you installments or may attach an asset. File a petition under order 21
4) your father can declare bankruptcy or insolvency . But be aware it comes with its own challenges .
Let me know which state you are in I can speak to some lawyer friends and may recommend a legal help.
Again this is just a suggestion and should not be treated as legal advice. You should only listen to a competent lawyer fully versed with your case.
DThere are some real good advices by people here. Just adding my two cents.Pls don’t risk this. Pocso is dangerous. Any lawyer worth his salt can tell you that 498A and Pocso are the most misused laws. All it takes one report.
Your father is serious and if he flies to Police things may go out of hand.
16+ can be tried as adults in Pocso
https://www.deccanherald.com/amp/story/specials/pocso-act-punishing-young-love-1239490.html
Point is if your father pays some extra money even severe cases can be registered very well. Your testimony won’t count . And even if he has not done anything it will take years to prove in court.
DShe is Indian citizen carrying Indian passport she committed crime that makes her liable to be imprisoned . What it will achieve you can ask the judgeDAs per OP she is an Indian citizen . She holds Indian passport . She was trying to change flight using Indian Passport . She is under Indian law. Read carefully .DOh good Lord . I will tell you what I have to face being an NRI.
I was married for less than a year (3 moths) to a mental toxic narcissist etc etc girl. If they don’t file you go ahead and file in your hometown.I explored all options of filing the case . From embassy to video conferencing to hiring or changing upto 3 lawyers.
Here what I understood for my 7 year long ordeal.
1) hire an extremely good lawyer. Be ready to spend any amount of money. Try to
2) please forget about her awful behaviors, her abuses whether physical or mental etc etc. even if you have proof you can do anything. Family Courts are heavily biased towards girls .
3) Whether you speak to her lawyer or her record each call and maintain proper call log. If you can then make sure all communication happens through your lawyer.
4) in case if legal case if filed then cooperate with police. They will call you from abroad to report to police station in order to help in investigation. Be polite even if they threaten. Fix a date and fly down and appear in Police station. Some bribery will happen. IF YOU DONT FLY and meet police your passport can be cancelled and lookout notice will be issued so comply fully and you won’t be arrested and allowed to travel back with full freedom.
5) forget your misery: her medical / mental health/ abuses nothing will be taken in account by court. Although she can file a lot of things.
It took me 7 years of legal back and forth and coaxing her to give me mutual divorce with a lump sum payment.
6) have a monetary figure in mind and send that offer to her lawyer through yours.
7) for abroad cases make sure you inform your embassy about the situation . Maintain all paperwork
You can file the case without informing her and then move to a different location or vacate the house. Whichever country you are Inform your local police to expect domestic abuse calls .
Further Let the legal notice reach to her family in India . Your lawyer should handle that.
Remember once you have filed case and sent legal notice via WhatsApp to her and a formal court notice to her family via registered post any case filed after this shall not have merit as it will be filed in retaliation and courts take that in account.
In case if she chooses not to fight the case then you can get a one sided divorce. Although this can be contested later on.
If you want I can share my divorce lawyer’s details .
Good luck
DExactly . That’s my point. The merits of the case have to be seen. When and under what conditions she took the citizenship will also be investigated.All in all it looks like a long time and serious headache for the girl and her family .
I am overseas citizen and still I keep an Indian lawyer on salary to keep my paperwork investments etc updated. You don’t want to fall in the legal loophole
