Father forced girl to refused mcd
amit
(Querist) 24 February 2012
This query is : Resolved
I have just completed 1.5 yrs to my marriage. My wife was left my home 8 months back. During this no contact from both side and no FIR/cases.
During family members meeting I asked my wife to come to my home on my condition. But she denied if front of all parents. She wants divorce. But her father is not agreed for divorce /MCD. He just wish to troubled me.
My in laws are also living in Mumbai…. but different area. He is intended to file all false cases against me. I wish to know. Where he can file police complain ?. His local Police Station or at my area PS.?
If he file cases at his area PS then that PS’s Police try to take action on me or they informed my area PS to do so? Where will they finally locked up me ? I asked this because no one is there in my home to try for Bail. I need to try A Bail my self and need time for the same
I don’t wish her back in my life at all. I have not asked for divorce directly due to apprehension of Police cases.
If he has not filed any case/complain against me. How long should I wait under pressure? Should I file a RCR or Divorce case against her ?
M.Sheik Mohammed Ali
(Expert) 24 February 2012
depend upon the case and fact and IPC section, but you must take bail,but once filed FIR then immediately take AB.
amit
(Querist) 24 February 2012
If he file cases at his area PS then that PS’s Police try to take action on me or they informed my area PS to do so? Where will they finally locked up me ? I asked this because no one is there in my home to try for Bail. I need to try A Bail my self and need time for the same
Adv.R.P.Chugh
(Expert) 24 February 2012
Divorce or RCR is your call depending on whether you want to keep her. Divorce - if you don't want to live together.
Secondly : AB is the thing to go in for - whenever you have reasonable apprehension that you might be arrested for this case. It may on the basis of a complaint or the FIR.
They can put the complaint anywhere, either at their hometown or at the PS of your place. Later obviously it can be challenged but the Police officer has to recieve and register FIR - can't refuse saying offence happenned somewhere else. Where no part of offence happened there - as per SC guidelines they should register zero FIR and send the matter over to concerned PS (that is your hometown) for further investigation.
Raj Kumar Makkad
(Expert) 24 February 2012
I think you are keen to know the replies of your questions only whether those are important for dealing with your case or not.
If you are adamant to know only replies to your questions then note down that your wife can get lodge FIR within the area of her choice between two (where you last resided or wherein she is presently residing) and the police of that area shall directly take action against you and there is no need to take into confidence the police of your area. You can be locked up in the same police station and if court send in judicial custody then the concerned jail shall be your locking house.
Any more question?
Sudhir Kumar, Advocate
(Expert) 24 February 2012
You are not clear if you want divorce or not. If you want then you are on the same plane at least onone issued. If you want to retain this marriage you can do so by begging and bending as it appears that you have messes up things very deep.
please try to see if you were wrong that your wife left within one year of marriage rather than choosing police lock up like banquet hall.
You have not described how/why the situation came that she left. By default you are appearing guilty and your guilty mind is seen when you are insisting that she should come back on your terms. That way you are compelling your in-laws to show you your worth of dictating terms. You appear to have been born late by 50 years. By now laws have changed drastically. Some people (may be you are one such) have forced the Govt to make such laws.
You are worried about yourself to be in Jail you do not realise if 498a is filed then your entire family including aged parents brothers and their wives, married/unmarried sisters, they will all be brought to Mumbai and locked up in the Police Station where your wife chooses to file the case. Then she will dictate more harsher terms then you can even think about.
If you have none to stand bail then why are you asking for trouble.
Shonee Kapoor
(Expert) 24 February 2012
:-)
Nothing left to add to this discussion.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
amit
(Querist) 27 February 2012
Bharat Chugh - Advocate :
Divorce or RCR is your call depending on whether you want to keep her. Divorce - if you don't want to live together.
-------> I want Divorce. And she also wish the same several times in all meetings
as per SC guidelines they should register zero FIR and send the matter over to concerned PS (that is your hometown) for further investigation.
-------> Sir.. But both are in same city of different ares (Like she in Thane & I’m at Kandivali ). Below Mr Sudhir Resolved me that Thane Police can have right to take action. I’m in bit Puzzled how could the other area’s police can came to my area for any action?
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raj kumar makkad
Any more question?
-------> Sir, I have bunch of Questions. I read out in other posts . There few experts commented that write in short. So I explained in short….
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Sudhir Kumar :
You are not clear if you want divorce or not. If you want then you are on the same plane at least onone issued. If you want to retain this marriage you can do so by begging and bending as it appears that you have messes up things very deep.
-------> Yes and again yes. I want Divorce. Don’t mis-guess about me. Believe me I’m not arrogant. Even her family know that we are innocent and their girl is doing wrong with us . They complied in their relatives that our girl is Nadan hey, na samaz hey, not known with impact of this. That why she refused now to stay with boy.
FIL have apprehension that, now all society knows abt my daughter behavior. Thas why he is threatening us for Police cases. He forced me to accept her. And he will get relaxed after putting his unwanted tension on me.
Aare bhai …. Agar wo assi nadan …. N samaz hey to Shadi ku ki ? and How should I stay with a girl who is adamant on she will not wish to stay with me.
Please try to see if you were wrong that your wife left within one year of marriage rather than choosing police lock up like banquet hall.
You have not described how/why the situation came that she left. By default you are appearing guilty and your guilty mind is seen when you are insisting that she should come back on your terms. That way you are compelling your in-laws to show you your worth of dictating terms. You appear to have been born late by 50 years. By now laws have changed drastically. Some people (may be you are one such) have forced the Govt to make such laws.
-------> One honest Question sir. When the man will expect an help from women favoring Society?
If she left home within year then is it only man’s fault?
Her father/mother is trying to control me & my family on every issues. Should I , my parents my brother bear this for our whole life?
They admit there girls is wrong and u should carry on as I’ve married her now. And immediately after that they arrogantly threat us for police cases. I ask you Can marriages save by this ways ?
The girl self threatening us about her brothers Political & Gunda’s relations. Should I Beg her to stay with me ?
Yes ……… I have put my conditions toward my in laws. Is not means that we are believing on old Culture as 50 yrs back. It is because of Indians laws is so worst that Man can’t ask Divorce directly (and woman can … and get it defiantly if she wish) I feel that indian man even has no right to ask for Divorce. If he dare to asked,…… he & his aged parents can immediately booked for false cases like DV act, 498a …. Without investigation.
You are worried about yourself to be in Jail you do not realize if 498a is filed then your entire family including aged parents brothers and their wives, married/unmarried sisters, they will all be brought to Mumbai and locked up in the Police Station where your wife chooses to file the case. Then she will dictate more harsher terms then you can even think about.
If you have none to stand bail then why are you asking for trouble
-------> That’s the exact words you wrote “she will dictate more harsher terms”. Her parents wants the same situations in my home….. Now and further.
No one has divorce experienced until he had . Now I can only imagine the worst situation.
But Did you think that after lock up trip, any person will live happily with the girl who send him and his aged parents and brother behind bars?.... Under false allegations?
Should I allow her in my home like ‘LIVE BOMB’ and should wait to explode it for my whole life ?
I regret …. For long story …..
I just explained my, parents and brother’s situation we experiencing since last 1.5 yrs.
One last Question sir. As per new circular, that police should have proper investigate before any arrest under 498a. Should that circular really followed by police? Can I show that Circular to police person on arrest time?
Raj Kumar Makkad
(Expert) 28 February 2012
I have already submitted my reply so what more you require to be replied?
V R SHROFF
(Expert) 28 February 2012
Contact your wife indirectly, keep MCD ready & file it. She is no child.
