seema 02 January 2017

I am trapped

Respectable

I filed DV case against my Husband and got interim Order TO ALLOW ME TO STAY IN SHARED HOUSE AND MY HUSBAND WAS DIRECTED TO RETURN MY STRIDHAN TO ME IN TERMS OF GOLD AND SILVER

But my Husband breached the said Order and so I filed application u/s. 31 of DV Act and the JMFC issued summons against my Husband. But he was not found and hence I went with Police and searched him in his private office

While serving the summons he misbehaved with Police and when the constable asked him to behave properly then he said that his Lawyer will talk to the Police. But after serving summon the constable went out and my Husband immediately shown to me “thenga” (by showing me thumb) and put sarcasms at me and laughed at me and said that you and all police cannot do anything to me and he said that he will take divorce from me without returning my stridhan and challenged me that you do whatever you like and said wrong words for my parents, too

I got annoyed and gave him two slaps and ran away out of his office

After three days he sent this video to our Samaj (Society) and started pressurizing my father to take mutual divorce and indirectly sent messages to forget gold which my Parents have given to me in marriage and which is presently lying with my Husband

He told my father that he will produce this video in Court and then Court will cancel the Order and you will loose the case otherwise admit mutual divorce

I have shown this video to one photographer and he told me that he has taken this video by two cameras one fitted on his collar and other fitted on back-side-wall

Now I feel that he has trapped me !

What is the remedy

Somebody advised me to file case u/s. 354 of IPC

What to do

Advise

HARIOM

Reply Follow

5 Replies

saravanan s (legal advisor) 02 January 2017

Record those calls where he is threatening you and keep it as a proof.that would help you to prove that he had intentionally provoked you.

seema 04 January 2017

Sir/Madams

Thanks and I agree with your opinion for mutual divorce but in present circumstances, he will give nothing not even 10% of my stridhan (not even Gold and silver which my parents have given me)

Hence I want to file some criminal case on him for his pre-planed ill-intention, so that he will also fear and will come on the same platform and then mutual divorce can be easier.

As I mentioend earlier that somebody advised me to file case u/s. 354 of IPC and

today some other person advice me to file complaint u/s 504 of IPC

hence I need advice

What to do and under which sections of IPC I must proceed against him

Please Advise

Zoheb Khatri (Practicing in Mumbai ZohebKhatri@gmail.com) 04 January 2017

As per your Given story 354 is not at all attracted, infact you slapped him.

Best option for you to file divorce case along with demand list of your stridhan, court may order for IPC 406, if not already filed

Filing more cases will complicate the matter for both of you

seema 04 January 2017

Thanks to Zoheb Khatri and Thanks to all

Now see the facts further :-

I had got exparty Order at jaipur My shared House is at Jaipur

But for service my Husband went to Bikaner and took renatl Flat ad I as staying with him at Bikaner for 05-06 months

and in the maenwhile

after six months I went to my Mayajk (meternal home) at Mumbia for about a week

When I was at Mumbai my Husband took my all belongings including stridhan and vacated the Rental Flat and ran away and did not return anything to me

Hence the Jaipur JMFC gratnted the aforesaid interiom order and allowed me to liev in shared House and directed my Husband to return my stridhan but he breached the said Order and I filed appln u/s.31 of the DV Act and his summons was issued at his office address at Bkianer which I took personslly along with Police and because he teased me and provoked as stated above and I slapped him as stated above.

Facts in Summary

My shared house is at Jaipur

I gor interim Order in DV case filed by me at Jaipur which is pending

But

My Husband ran away with my stridhan from rental flat at Bikaner and

He provoked me at Bikaner and I slapped him at Bikaner

Hence the question of jurisdiction arise as under :-

Where should I file case u/s. 406 of IPC

at Jaipur

at Bikaner

kindly reply with grounds

Thanks in advance

(Also tell me How to click vote of thanks in this Forum)

HARIOM

Democratic Indian (n/a) 04 January 2017

There is no need to feel negative or emotional like you have been "trapped" etc. Listen to what Zoheb Khatri has said to keep the matters simple and concentrate on results desired by you. A prudent and experienced lawyer can easily deal with this matter.