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How to take propertection against False dowry and others cases
25-Feb-2023 (In Family Law)
I am an Indian national on a Canadian study visa. It will take one more year to complete my studies in Canada. My sister in law has filed an FIR on several civil and criminal sections on whole of my family. The chargesheet hasn't been filed yet. We got a notice bail (till the end of mediation) and mediation proceedings for two months but it didn't work out. She is asking for about 1 crore compensation which is not possible to meet. As my family believes, most probably the investigation officer won't remove my name from the chargesheet (to get some money or go for big settlement). I think that if I come to India, I might get stuck in bail proceedings or my passport might be seized for bail or any other worse combination. I can't come to India while my studies are going on. In this scenario, what should my steps be? Can I be served summons to appear in court? How can I counter this order? Should I avoid coming to India till the case goes on? How can I ask
Hi, case file by ur sister in law will take long time to settle down, You should refrain from coming as of now , bail for you can be obtain from court. Also it has to be noticed what is your role shown in the chargesheet. Proceeding stay on the case can be obtain from high court. Contact for further help.
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Adv. Anurag Bhati
Greater Noida | 400+ Answers
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Since the charge sheet has not been filed you should file first challenge the fir under Article 226 Constitution of India before high court of ur jurisdiction wherein you may get the relief of arrest stay and you may be absolved from returning to your country and in case charge sheet is filed against you also , in that case also you have remedy to approach high court of your state by filing crl application under 482 wherein also charge sheet maybe stayed or you may get the other relief depending upon the facts of your case
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Adv. Anay Kumar Srivastava
Allahabad | 25+ Answers
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Yes you should avoid coming to india .and don't worry about the money generally girl side demands too much for mediation but could not get the exact amount .but it's better if you could settle this case in mediation but if it is not work than you advice your brother to go for divorce .but first of go for anticipatory bail from high court and don't worry about your self as you have proof that you are not staying with them so no question arise for torture
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Adv. Lubna Ishrat
Noida | 200+ Answers
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For all about your case you have two options there first you go for a FIR quashing in the section 482 in your concern high Court. Second you go for a bail you concern district court. But I prefer you for go approach high Court for quashing FIR there must be two relief for you. One is quash the FIR or second is direction for bail as same day.
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Adv. Satish Bhati
Greater Noida | 400+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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