Can women decide police station and court for the case as per her location
Guest
(Querist) 06 November 2016
This query is : Resolved
Now a days my bhabhi is living on rent in malvia nagar. she left the home 4 months ago. Under cwc complaint, she has filled allegations of dowry against fatherinlaw, brotherinlaw, sisterinlaw ( me ) & motherinlaw & dont know why left her husband. The only allegation against husband which she has put is Domestic violence & that too on last day when she left. Domestic violence according to her is also done by her inlaws and every family member, including me.
Now the reason why she is living in rent is might be to get big maintainence( which you people can clear more ) or else she is living in lavia nagar coz her uncle is a police officer in PS Malvia nagar. May be she wants the case to be handled by PS Malvia Nagar.
The area where crime happened according to her allegitations is our home in dwarka. Dwarka police has already registered fir under her complaint the day she left home, in that fir she has said she was beaten and then she left home.
Now case is under mediation at nanakpura, after that Fir will be filled, Will that Fir go to Police station dwarka, or malvia nagar, where my bhabhi is living on rent.
Guest
(Expert) 06 November 2016
Ms. Shweta,
Domestic violence in itself has no relevance unless instances of violence are discussed. If you "dont know why left her husband," you can know from the instance of violence she mentioned in her FIR.
Also, have not you/your brother's family hired any lawyer so far? If not any reason for that and if yes, what is his opinion on your query?
Guest
(Querist) 06 November 2016
as stated in last query Ps dhingra sir, yes we do have a lawyer, but not that able, he is just some 1 we know through a friend, we are yet to hire a good advocate as per our budget, a member from this site has approached us and that person is near our location. we dont know about how much he will charge , but still my family is planning to talk to him. yes we dont know why she left her husband, may be she wants to keep a door open to enter his life again or may be some other reason , but my brother is least interested in her now coz she might cause big damage in future. about dv complaint, police told us she has undergone a MLC where she has bruised knee .and she said she was beaten
Guest
(Querist) 06 November 2016
(Our Lawyer) his opinion is let the fir be reg and then he will guide us
Guest
(Expert) 06 November 2016
Ms. Shweta, if your lawyer is not that able, what is the use of keeping him? Either you rely on hom, if he has said, " let the fir be reg and then he will guide," OR change him without any delay, as no chance should be taken in such type of cases, when filed.
Bruising of knee can be with her own mistake also, may be by slipping on a slippery ground, but is rarely caused by physical torture by some one else.
Guest
(Querist) 06 November 2016
thankyou P.S dhingra ji, that last line really made us felt good, & yes we r contacting a able lawyer asap. plz dont mistake me but atm my only concern is regarding her uncle who's a police officer at ps malvia nagar & she will try to use that police station. my lawyer said she will try her best to use that police station and this is why she took room on rent in that area, but he said he is not sure.. plz clear this to us, so that we can atlest get rid of this tension. i request you please
Rajendra K Goyal
(Expert) 06 November 2016
Problems can be created by her uncle, it is doubtful he can play any role / can influence court. Meet higher officials of the police in case of need.
Lawyer can defend you in court and can guide you before case reach the court, not supposed to deal with police.
Devajyoti Barman
(Expert) 06 November 2016
Do note that if she has filed case under Protection of Women under Domestic Violence Act then she can file the case from any place where she is presently residing at the time of filing case.
So you are running after a lost cause.
However if she files case u/s 498A from her present location then such case is not maintainable and it is likely to be transferred to your place.
Guest
(Querist) 06 November 2016
Mr. Devjyoti barman i am not able to private message you through the site. However i looked at acelegal.com and i am willing to ask my brother to contact you , but just want to clarify , we are a middle class family and we first need to know about ur charges. Also wats the best way to contact you. Also plz clerify what does u/s stand for please
Kumar Doab
(Expert) 07 November 2016
She has managed to get MLC for a bruise on knee!
What is treatment advised; a bandaid!
You may certainly approach a very able counsel.
You can access profile of expert Mr. Devajyoti Barman and contact by PM and available contact details and benefit from his advise.
Rajendra K Goyal
(Expert) 07 November 2016
For sending PM to any expert click his name appearing with the advice - profile would open - click send PM- write PM and send.
