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Brother's wife filed FIR against my husband and me
15-Nov-2023 (In Family Law)
My brother got married last year and his wife filed FIR against all family members including me and my husband. nMy husband and me are living outside India, and went to india last time only in brother's marriage. After that we hardly talked with brother's wife over phone (only wishes for birthday and anniversary etc) nnMy question is:n- Can she file FIR against us? even though we are not living in India?n- How this FIR can impact us?n- DO we need to go to india just for this FIR? n- When we will go to india, then what will happen? Should be go somewhere for proving ourself? or what needs to be done? n- How can we handle that FIR from outside India?
Greetings to you.
It has become a general course that when relationship turns sour, every family member is implicated. And those staying abroad are implicated also because of harassment that it will cause to you which in turn will enable a better settlement offer.
When an FIR is lodged, police has to investigate and if you don’t cooperate in investigation, you get labeled and you could be prosecuted.
There are certain things that could be done such a moving to High Court to get your names quashed from the FIR or Chargesheet but for that we will have to check the allegations so alleged and also there could be other things that we could also do but then again we need the complete facts to our disposal.
Hope that helps.
Please feel free to reach out should you require any further assistance.
Regards
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Adv. Khalid Akhtar
Adv. Khalid Akhtar
Delhi | 50+ Answers
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We have perused the contents of your query and would advise you to seek a detailed legal opinion from a lawyer having expertise in matrimonial laws. To put pressure your sister in law had impleaded the entire family in a false litigation. See since the FIR has been registries And thereafter the criminal case will get started in the court once the police files the charge sheet. You need to seek a bail And face trial. However you can also go for quashing of the FIR before the high court
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Adv. Anubhav Kathuria
Adv. Anubhav Kathuria
Delhi | 1000+ Answers
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Hi,
You will have to come to India for the proceedings as in criminal proceedings you have to attend the court hearing, however you can be exempted from personal appearance and you can appear through your counsel, but initially you will have to join the investigation whenever required by the IO and once Chargesheet is filled you have to take the bail from the concern court .
You can seek discharge if there is not sufficient material/ evidence .
Thanks and regards
Ramit Sehrawat
Advocate
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Adv. Ramit Sehrawat
Adv. Ramit Sehrawat
Delhi | 400+ Answers
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You need to hire an advocate in this regard ! We need to check the contents of FIR n see what kind of allegations she has put on u n your husband. Even in worst case do not worry we will do all the work here for your protection in legal way !
Kindly b in touch
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Adv. D. Khan
Adv. D. Khan
Delhi | 1000+ Answers
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if you have a pr or residentship aboard and you came to attend the marriage only then the case of dv does not apply to you. However if you are a frequent visitor to India and get in touch with your brother or his wife and stay at same place then dv may be applicable in India. but rest assured in any case it is not going to impact much on your job profiling unless the guilt is proved.
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