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How to save us fake DV Act, 498A & 376


19-Nov-2023 (In Divorce Law)
Please find below my case history for your advice: Date (May -21) - 1st My wife had file sec 323 – 34 & 506 against me & my brother & mother. Then we have taken the anticipatory bail on (323 – 34 & 506) Date (July -21) - 2nd She filed DV act on me & My family including my married sisters excluding one brother. Date (July -21) - After one month, she filed sec – 125 and demanded 25 lakh (They spent on marriage around 2 to 2.5 Lacs Maximum) Date (Aug -21) - Then I have filed sec-9 Case . Then she filed again file 498A on my complete family & put sec 376 on my brother (which was expected in last cases. He is doing job out of town far from our residence and never met her from last 1 year) Please note that she left our residence on May-21 & staying with her mother home till date.My whole family is being harassed by putting fake cases against my family like sec 376. We are being harassed continuously. Kindly advise because our lawyer is misguiding us continuously taken money to settle case
Answers (3)

Answer #1
818 votes
Hi, since section 376 IPC was filed later on after earlier FIR of 323 which did not contain such allegations on your brother therefore it is clearly evident it was spam FIR ..It is advisable to go for the quashing of FIR in high court rather then settling and meeting their unjustified demands
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Answer #2
793 votes
Kindly provide few further details so that I may assist you better. You need to tell that whether poluce is co-operating with you after filing FIR u/s 376 IPC and what amount of maintenance has fixed by the court against the application filed u/s 125 Cr.P.C. ?
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Answer #3
939 votes
you may book a consultation with me, I will give you all the Legal advice and help you with the legal processes. I will give you all the legal procedures and support after you book a personal consultation with me regarding your matter. Advocate Yashika Dhingra
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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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