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The Dissolution of Muslim Marriages Act, 1939

(Querist) 02 October 2009 This query is : Resolved 
THE DIVORCE CASE IS GOING ON AND PENDING IN THE FAMILY COURT AND THE PETITIONER(THE WIFE) HAS LEFT THE HOUSE ON HER OWN ACCORD WITHOUT INFORMING ANYONE AFTER FILING THE CASE FOR 3 MONTHS. AFTER THAT TOO SHE HAS GONE AND GIVEN A COMPLAINT IN THE CRIME BRANCH IN THE ‘MAHILA SHAKHA’AFTER A PERIOD OF 3 MONTHS.
THE COUNSELLORS HAVE SPOKEN TO THE PETITIONER AND RESPONDENT IN THE CRIME BRANCH ‘MAHILA SHAKHA’ AND HAVE SEEN THAT THERE IS A PENDING CASE. THE RESPONDENT HAS BEEN TOLD BY THEM TO GIVE THE STATEMENT ACCORDINGLY.
IF THE PETITIONER HAS STILL GIVEN HER STATEMENT OF HARRASMENT THOUGH NOT PRESENT IN THE HOUSE FOR THOSE MANY 3 MONTHS, THAT THEY SHOULD LODGE A POLICE COMPLAINT, WILL IT STILL BE ENTERTAINED BY THE POLICE AND WILL THEY STILL GO AND ARREST THE RESPONDENT.
WHAT IS THE WAY OUT?
Raj Kumar Makkad (Expert) 02 October 2009
There is no straight jaket formula in such cases. If police authorities (Mahila Shakha even) are satisfied that there exists sufficeint allegations/grounds of woman harassment for dowry or istridhan is still lying with the respondent and he has illegally retained the same with him, the mattter can be referred to concerned police station for lodging of FIR and further consequences follo accordingly.
Sachin Bhatia (Expert) 02 October 2009
If the police authorities are satisfied with the proper proofs they will definitely entertain the matter.


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