Matrimonial
Sharath Babu
(Querist) 08 March 2012
This query is : Resolved
Dear friends, Can anyone suggest me on the following issues:
- My client Mr. ‘A’ is an advocate, married Mrs. ‘B’ in the year 2008 – was an arrange marriage. ‘A’ is a resident of Bangalore and ‘B’ is a resident of Kerala. After marriage the couples started residing in Bangalore since ‘A’ was practicing at courts at Bangalore. They have a daughter aged about 3 years presently.
- Since the beginning of their marriage Mrs.’B’ was always suspicious about Mr. ‘A’. Every day ‘B’ picks up quarrel for one or the other reason with ‘A’ because of her suspicious nature and there was no peace prevailed at their house. ‘A’ is still not independent and working in a law firm, usually be late to house by 8 -9.00 pm. Later on ‘A’ came to know that ‘B’ is suffering from Psychic problem and her parents had shown her to many Psychiatrist prior to marriage. ‘B’s father & mother – alternatively was also residing throughout with the said couples as they had no confidence on their daughter. Later on when her attitude, nature and behavior was not tolerable, Mr.‘A’ along with ‘B’s Father got her admitted in Nimhans Hospital, Bangalore. After being admitted for 2 days she was advised to undergo counseling. It didn’t work out well. Again she was back to house and the same problems continued. A week back she suddenly left house along with kid after having quarrel with ‘A’ for having suspected him with someone.
- Now ‘B’ along with her father are trying to implicate false criminal case against ‘A’ and his mother (mother is residing at other district and was advising her over phone for not to quarrel and to be good to ‘A’)for harassment and cruelty. They had informed one of the relatives to that they will give complain to Human Rights and lodge complaint at Police station at Kerala.
My question is:
1. Whether complaint is acceptable before Human Rights Commission?
2. Assume ‘B’ lodge a complaint at Kerala – whether the Kerala police can enforce their power at Karnataka? What are the remedies available to ‘A’ to be on the safer side?
3. Whether ‘A’ can take anticipatory bail at Karnataka, when the complaint is lodged at Kerala.
4. Any other remedies available?
Friends please let me know as I need to take immediate steps.
ajay sethi
(Expert) 08 March 2012
if complaint is filed in kerala it would be necessary to take anticipatory bail in kerala .
since b was earlier a resident of kerala and after leaving her husband she is residing in keralal she can file complaint in kerala .
Shonee Kapoor
(Expert) 08 March 2012
I differ a bit, complaint can be filed in Kerala only if there is some incident of cruelty is ascribed in that state, mere that she was a resident of Kerala won't give the place of jurisdiction.
Also, AB would need to be obtained from Kerala if the case is filed there.,
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sharath Babu
(Querist) 09 March 2012
Dear friends I thank you for your reply.
I need clarifications on the below mentioned aspects also and request you to reply ...!
1. Are there any possibilities for 'B' & her father to approach Human Rights Commission?
2. What possible actions could be initiated by ‘B’ against ‘A’ and his Mother?
2. Assume ‘B’ lodged a complaint at Kerala – whether the Kerala police can enforce their power at Karnataka? What are the remedies available to ‘A’ to be on the safer side?
3. What precautions are to be taken by 'A' and his Mother from Karnataka?
ajay sethi
(Expert) 09 March 2012
498 A case for dowry harassment . DV case .
if your wife has filed a case opt for anticipatory bail . contact a local lawyer
M V Gupta
(Expert) 09 March 2012
Why not ur friend consider filing petition for divorce on grounds of suppression of her mental ill health at the time of marriage and desertion. Cruelty also may be one of the grounds as she had always accused him of immorality etc.
