Got 144(2) crpc from wife 3 month after filing divorce by me
Rocky
(Querist) 01 February 2016
This query is : Resolved
Hello respected sir/madam,
I got a notice under 144(2) crpc from wife.3 months after filing divorce on cruelty. She did not appeared on 1st date. Suddenly yesterday police serve me the above said notice on my residents. Where in the petition she has mentioned all the allegations which r baseless. But I have all the proff against her cruelty. She is trying to enter into my property with blaming 9 person including me that we sudnot distrub her to maintain peacefully life in my house.
In petition she has already told me nd my family trying to kill her and many other total lying and absurd things.
What will b the suitable remedy to stop her entering into the house my parents are aged and if she enters she will diffntly tries to prove all the false allegations.
Pls guide . thanks
Devajyoti Barman
(Expert) 01 February 2016
This is quasi judicial proceeding and interim order if passed therein does not survive more than 2 months.
So do not pay much attention to it.
Concentrate on your divorce suit.
Rocky
(Querist) 01 February 2016
Sir thanking you for early replying. But can she enter into my property on basis of this private baseless complaint. Will my lawyer got opportunity to fight for it. He is saying for injunction. But save Indian family NGO advising quashing 482 crpc. Pls advice me what to do I can't let her enter into my house. She will ruin it as she have threatened me before. And she is just trying to do that just entering into the house. Will there not b any way to prove these baseless completely lie alligations on me nd my family. She mentioned she staying here in my residents now but last 4 months she is in her parents home, my neighbour will speak for me nd I have CCTV installed for last 5 months. How to fight back sir pls help with ur valuable guide.
Devajyoti Barman
(Expert) 01 February 2016
The executive magistrate can not pass order for her entry into your house in a proceeding u/s 144(2) crpc.
Rocky
(Querist) 01 February 2016
No order Police to serve the report. can I send u the soft copies if possible. Then it may clear the picture. Thanks Barman sir.
Rocky
(Querist) 01 February 2016
sir how to fight that these alligations r completely wrong nd defamation is possible ? Pls guide whether quashing 438 applicable or not in this case mentioned above
Rocky
(Querist) 02 February 2016
I m going to file revision of the false fabrigated order with in a week but how can I put stay. As from police station it's saying if my parents don't let that monster enter it will be dishonour of courts order nd they can break lock to enter as court suggested to maintain peace nd to safety of the monster. Next date one month later. They r not attending divorce hearing. How I can have stay.
Rocky
(Querist) 05 March 2016
Dear Barman sir,
As u advised 144&107 dropped by IO report nd they were also absent. But 307 nd 498a ka bail postponed hua. As they say reserved for next date. IO is been asked to appear for next date for further clarification.
