Transfer of property act
GANGO PADHYAYA
(Querist) 29 October 2016
This query is : Resolved
Good Morning I would like to know that : Two Family Court cases are pending (i) one for Divorce (ii) another for Guardian these two filed by HUSBAND against WIFE. Here the husband is second husband for the wife, they married in a temple in the year 2002 The wife filed a false report before women police station alleging that for additional dowry and another is illicit relation my request is that already in Family Court cases pending , she has to appear and contest her case Is there any PROVISION OF LAW Call / Transfer Women Police Report before the Family Judge . Till date no FIR registered only the counselling are happening , the matter adjourned to 31-10-2016 For amicably to prosecute the said women police station report case before Family Judge i request the provision of law and if any petition formats
J K Agrawal
(Expert) 30 October 2016
As such, there is no law that if a civil case is pending, a criminal case can not be filed.
But in practice, if you provide detail of civil case pending on same issue, the Police do not interfere.
Dr J C Vashista
(Expert) 30 October 2016
I agree with the expert advise of Mr. J K Agrawal.
Intimate Crime against Women Cell qua the cases pending before Principal Judge Family Court, the officials shall consider and close the complaint.
GANGO PADHYAYA
(Querist) 30 October 2016
Is there is any other solutions : What is the provision of law to file petition before Police Station : to discharge report / complaint
GANGO PADHYAYA
(Querist) 30 October 2016
In the matter of scope of withdrawal of the criminal cases involved between wife and husband, in a recent decision K.Srinivas Rao v. D.A.Deepa, Civil Appeal No.1794 of 2013 disposed of on 22.2.2013, the Hon'ble Apex Court in paragraph-35 and 36 has held as follows:
35. We, therefore, feel that though offence punishable under Section 498- A of the IPC is not compoundable, in appropriate cases if the parties are willing and if it appears to the criminal court that there exist elements of settlement, it should direct the parties to explore the possibility of settlement through mediation. This is, obviously, not to dilute the rigour, efficacy and purport of Section 498-A of the IPC, but to locate cases where the matrimonial dispute can be nipped in bud in an equitable manner. The judges, with their expertise, must ensure that this exercise does not lead to the erring spouse using mediation process to get out of clutches of the law. During mediation, the parties can either decide to part company on mutually agreed terms or they may decide to patch up and stay together. In either case for the settlement to come through, the complaint will have to be quashed. In that event, they can approach the High Court and get the complaint quashed. If however they chose not to settle, they can proceed with the complaint. In this exercise, there is no loss to anyone. If there is settlement, the parties will be saved from the trials and tribulations of a criminal case and that will reduce the burden on the courts which will be in the larger public interest. Obviously, the High Court will quash the complaint only if after considering all circumstances it finds the settlement to be equitable and genuine. Such a course, in our opinion, will be beneficial to those who genuinely want to accord a quietus to their matrimonial disputes. We would, however, like to clarify that reduction of burden of cases on the courts will, however, be merely an incidental benefit and not the reason for sending the parties for mediation. We recognize 'mediation' as an effective method of alternative dispute resolution in matrimonial matters and that is the reason why we want the parties to explore the possibility of settlement through mediation in matrimonial disputes.
36. We, therefore, issue directions, which the courts dealing with the matrimonial
matters shall follow:
a) In terms of Section 9 of the Family Courts Act, the Family Courts shall make all efforts to settle the matrimonial disputes through mediation. Even if the Counsellors submit a failure report, the Family Courts shall, with the consent of the parties, refer
the matter to the mediation centre. In such a case, however, the Family Courts shall set a reasonable time limit for mediation centres to complete the process of mediation because otherwise the resolution of the disputes by the Family Court may get delayed. In a given case, if there is good chance of settlement, the Family Court in its discretion, can always extend the time limit.
b) The criminal courts dealing with the complaint under Section 498-A of the IPC should, at any stage and particularly, before they take up the complaint for hearing, refer the parties to mediation centre if they feel that there exist elements of settlement and both the parties are willing. However, they should take care to see that in this exercise, rigour, purport and efficacy of Section 498-A of the IPC is not diluted. Needless to say that the discretion to grant or not to grant bail is not in any way curtailed by this direction. It will be for the concerned court to work out the modalities taking into consideration the facts of each case.
c) All mediation centers shall set up pre-litigation desks/clinics; give them wide publicity and make efforts to settle matrimonial disputes at pre-litigation stage.
Dr J C Vashista
(Expert) 31 October 2016
Dear Mr. Gango Padhyaya
Your query qua "provision of law to file petition before police station:to discharge report/complaint" is vague and not understood, please clarify before a local prudent lawyer.
The ratio of judgment cited with respect to amicable settlement before "mediation cell" followed by quashing of complaint is totally different situation to the query, wherein you are interested in:-
a) "knowing the provision of law"
b) "to file petition before police station"
c) "to discharge report/complaint"
Please be clear in your mind with respect to situation/circumstances of the case, strategy adopted by you to get the accused (client) relief and application of ratio of judgment being cited.
Warm regards/best wishes.
