Forum Replies Created
-
Posts
-
SOh man, it’ll make it a little complex but nothing hard for a seasoned advocate.
Still not a 376(2)(n) as the lady was already married and to fall under pretext of marriage she has to be single which she isn’t.
She’s just settling scores or maybe aiming for quick buck and she’ll Turn hostile in her statement.SAdvocate here, since she filed an FIR u/s 376(2)(n), though it doesn’t prima facie a matter of Rape under the pretext of marriage but I would want you to answer few questions
1. Is the worker Hindu?
2. Is the lady Hindu?
(Asking these questions for the precise application of law not religious propaganda).
If they both are Hindu then it’s a matter which shall be dismissed, file for anticipatory bail (high chances it can be granted) and get the prosecution at the charge stage.
Either way he’s gonna get an acquittal.SBrother to be honest, it depends on the advocate hired by you, his/her arguments and most definitely on judge’s mood.SAdvocate here, Don’t for Mutual Consent rather file under Cruelty & File an FIR u/s 498A against those who were actually involved.
Ask your Advocate to file an application to grant interim maintenance and Child support.
He’ll most probably Contest Child custody( courts are most inclined to grant child custody to mothers but exceptions do exist).
The Court will definitely send the matter for mediation at the first instance tho.
All the best mate.SAdvocate here, my advice would be to hire a damn good lawyer(money shouldn’t matter).
If she filed for divorce under the pretext of cruelty then file a reply and state everything (even the smallest details) to your advocate.
Gather all the evidence you have, get everything on the guy she ran away with, make events date by date.
As she ran away with your money and jewellery file an FIR against her and that man.
Coming to the custody of your kids I believe she won’t contest it as she already ran away but it is at judge’s discretion.
If 498A is filed make sure you prepare your witness(s) could be anyone & documentation proofs as exhibits.
As to your name in Chargesheet it’ll definitely cause a problem as you’ll be required to come on every hearing unless permanent exemption is granted or simply ask your advocate to file an “application to remove party” citing clear reasons as to why you shouldn’t be a party in this matter.
All the best mate, Truth alone Triumphs.
