(Querist) 11 December 2018
This query is : Resolved
Hi all, My wife left my house around 4 months back. I sent her a legal notice calling her for mutual divorce. Now she has put domestic violence allegations against me in police station. I was called and warned by the inspector. He gave me a weeks time to take her back. My lawyer is suggesting me to apply for divorce as soon as possible. Still the complaint has not been converted to FIR. I dont want my wife back in my life. I want to get separated. Can you plz suggest what should i do now. Should I take anticipatory bail. Or shld i wait for the complaint to get converted to FIR. She has named my entire family in the complaint.
Vijay Raj Mahajan
(Expert) 11 December 2018
Anticipatory bail should be applied after FIR is registered. Go in for divorce according to Muslim Sharia if your marriage is according to that law, contact local Qazi for the process. If your marriage registered under the Special Marriage Act,1954 file formal petition for divorce in the Family Court.
Adv. Yogen Kakade
(Expert) 11 December 2018
Sir, With respect to the Domestic Violence case, you do not need to go for Anticipatory Bail. But if the allegations made by your wife are of serious nature, then it might attract Sec. 498 A of IPC, and in such case you can apply for Anticipatory Bail after filing FIR by the Police. Currently it is advisable for you to respond and cooperate with the inquiry at the police station as and when called for and please give your detailed reply in writing and get the acknowledgement of the same. And even after that if the FIR gets registered, your reply shall help you in anticipatory / regular bail. It is not the duty of the Police to compel or force you to stay with your wife. Till then file a divorce petition with help of a good lawyer. All the best. Adv. Yogen Kakade Email: firstname.lastname@example.org Phone: 020-25882888 / 09225510883
(Expert) 11 December 2018
You or your lawyer would know the sensibility in issuing legal notice for MCD…and then rushing to court for divorce. In court of law one has to convince the court to get acquitted of charges and also establish that marriage is broken down. In PS establish that there was NO instanced of DV. The police usually ask to let spouse be in matrimonial home. If there are NO merits then IT may be futile to run to court, empty handed. The complaints/cases filed by spouse can have adverse effect e.g; upon your employment. ASAP show the complaint, evidences on your side, give inputs, to another very able counsel for 2nd opinion on your matter and understand the merits that are on your side. Until there are merits in your matter avoid rushing to courts.
You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife) etc and find a very able LOCAL counsel specializing in concerned filed of law e.g; Family/Civil matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs, evidences on record. Obtain proper legal opinion in writing!
Avoid acting on your own on hearsay.
Not only your counsel ( if other very able counsel opine that 1st counsel’s advise was bad, misleading) many posing as Lawyers (actually Liar) have been raking up disputes at online portals including LCI on subjects like ; WILL, Nomination, Gratuity etc etc with their misleading, illegal advices and conduct..and have failed due to untiring efforts by some sincere and good natured Experts that indeed want to help and contribute at such portals. Such entities operate by forming gangs ( ikdi, dukdi, tikdi, chokdi and even more)….and attempt to deflect, divert to other members of their gangs to fleece the unsuspecting querists. Many of such entities have never been to courts and might have never won in any case and may not be able to count even on their fingertips. In the end multiple fake ID’s of such IT’s and entities get permanently blacklisted, shunted out at online portals and outside online portals and even society………and that is exactly what they deserve. Make a note of such entities and if the need be act to confine them to correctional centers; Jail, and let their cost and consequences be, heritable. Why such IT’s and entities litter nuisance at online portals: to hide their own weaknesses, and to satiate their insatiable itch and due to their infectious greed. One should stay away from such infected entities and hence away from such infection. You may post if anyone has ever asked /is asking for money from you have paid.
One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also. Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law. One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists…… the personal details of unsuspecting querists/citizens get stored in databanks/compromised. Such IT’s and entities keep on poping up at online portals with fake and new ID’s after their old ID’s are permanently blacklisted/shunted out and money fleeced from unsuspecting is finished. There are such very able counsels at each location. Check for such counsels at LOCAL; Family/Civil Courts, HC, SC,..
You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Family/Civil matters.
Your counsels may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you. Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.
There have many instances of such entities operating with multiple fake Id’s at online portals. The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many. Many counsels even at State Capital/Metro towns do not demand unreasonable high FEE. IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent. In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS. You can go thru/search the cases contested by any Lawyer at court website.
Dr J C Vashista
(Expert) 13 December 2018
I fully agree with and appreciate expert advise of Mr. Yogen Kakade. 2. Nothing to worry. Police has no jurisdiction in a complaint u/s 12 of the Protection of Woman from Domestic Violence Act, 2005, consult and engage a local prudent lawyer. 3. The complaint is not qua dowry demand, hence no question of attracting provisions of Section 498A IPC followed by registration of FIR as suggested by experts. 4. For filing divorce separation of 2 years is mandatory, it is premature. However, if your marriage was contracted under Muslim Personal Laws, you may pronounce triple talaq. in terms of Sharia before a Quazi and communicate.