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Nandha (NIL)     17 February 2015

Wife threatening with past complaint made to police station

Dear Experts,

 

In 2012, my wife made a drama and along with our 1.5 year old son left to her parents home. She had been very rude and disrespectful towards me and my mother. When I ask her to mind her behaviour, she used to threaten me that she will make false complaint to police station. 

 

Before leaving our home, she banged the steel cupboard with her hands and her behaviour was very erratic. I called her parents to come immediately as she was breaking things. They came in a group of 5 members and saw the situation and totally turned it against us. They did not want to reveal that their daughter is suffering from mental illness and hence put blame on us and took her with them. They did not call us after that. But, we kept following them through common people. They did not respond to us. 

 

After 8 months of separation, one day police came to my home in the night and called me to police station informing that my father-in-law had made a complaint for return of my wife's clothes (we never had any jewels of her). I went to police station. The inspector was very rude with me at the beginning. Then I slowly explained to him everything. He found some valid points in me. He also scolded my father-in-law for harassing me. Suddenly, my father-in-law showed a govt. hospital slip stating that her daughter was hit by me and the receipt the proof for taking treatment.

 

I was shocked to see that. Before I give an explanation, the Inspector ignored the topic and simply asked me whether I would like to take her back. I said, if she is ready to live with me, I may take her back because she only made complaint against me.

 

Afterwards, with the intervention of some elders, she came back. But, since the day one she returned, she did not change and she was the same as before. Just for the sake of my son, I tolerate all her rude behaviours. I even suggested to her that we should meet some marriage counsellors to correct ourselves for better life, but she refused to come.

 

Now, slowly she has again come to the level where her rude behaviours is costing my peace and patience. She again threatens whether I want to visit police station like before. In this situation, I have the following queries:

 

1) Still I do not know whether there was a written complaint filed in Police Station.

2) The inspector did not make any inquiry about the medical receipt they had with them which they claimed as treatment for the injury caused by me which is not true. It is her self inflicted injury. 

3) Though I did not sign any paper in the police station, what impact will that episode will create if once again she goes to police station with false claims.

4) what step should I take now to avoid any such worst situation like, false complaints etc.,

 

Please advise

 

 



Learning

 5 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     17 February 2015

Dear, First of all meet the inspector and ask whether any police compliant or FIR to was registered or not. ... Thereafter you make sure whenever your wife does anything please make a record video for future purposes as an abundant precaution ..... Medical could be just a sham to be used against you .... Kapil Chandna Adv 9899011450

dr.pawan rajyan (member and secretory)     17 February 2015

(1) Ask police for copy of complaint filed by her.if he donot answer then file a rti. (2) File another rti to hospital about any mlr at said time or on your wife name. (4) give a written complaint to your sp that she is threating you for false Cases. For details call me 09813032516 regards

T. Kalaiselvan, Advocate (Advocate)     19 February 2015

Now forget about the past complaint given by her or her father.  That would not have been even recorded once a compromise was arrived at that moment.  You have to look for the fresh episode which she intends to start again.  It is better that you file a NC before the concerned police station stating that her behavior  is aggravating every day and if allowed to continue she may again resort to self inflictions and report a false complaint once again on the earlier lines, this way you may be a little free about her worsening attitude behavior, however please bear it in mind that this will not protect you or shield you in the event  she once again lodges a complaint of cruelty against you, you may have to engage a lawyer and take his help for prevention of arrest by obtaining AB. The matrimonial disputes/offences are continuous hence one cannot claim exemption based on the past  history of compromise etc.

SSng Aulakh (Senior Ship Master)     20 February 2015

Few unfortunate events in life  appear and disappear with passage of time.

Have faith in God Almighty both of you are gifted a beautiful baby son.

Visit  religious place you believe in.

Stop blaming each other and forget the past unfortunate events.

Wish both of you a happy married life.

Biswanath Roy (Advocate)     20 February 2015

Forget past behavior of your wife treating the same as closed chapter and try to be a true sympathetic husband and take her to out of station for  a pleasure trip so that she can get mental pleasure.


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