Woman police enquiry and parihar family counselling centre(police)
ramakrishna.r.b
(Querist) 25 August 2013
This query is : Resolved
my daughter ( herein after called as X )and son-in-law ( herein after called as Y )are not in good terms since 4 1/2 years of their marriage. Many times they have quarelled. For every quarell Y is responsible.Now X doesn't want to live with Y as she has given him lot of chances. On 31-07-2013 Y picked up a quarell in X's house and assaulted X and her Parents.
We lodged a police complaint in the local police station for assault and approached woman police station for seperation. woman police station called X and Y's family on 03-08-2013 and tried for counselling but my daughter X did not agree and said she does not want to live with Y under any circumstances here after wards. Woman police Inspector referred the matter to Parihar which is a NGO meant for family counselling. Y approached Parihar and obtained a date i.e 26-08-2013 for counselling and sent a notice from Parihar. My daughter X does not want to attend Parihar under any circumstances. We want to approach a lawyer and file divorce case against Y in the family court in another couple of days. Woman police are telling you go and attend Parihar for second counselling and comeback at 4pm to police station . Y is bringing jewelles you take that and we will close the case stating that the matter will be takenup in civil court.
Our question is is it a must that X should attend Parihar or can X keep away from parihar. If X keep away from parihar what will be the consequences ?. We want to file Domestic violence case against Y as well as divorce on crime on Y. police is telling file 498a but we are not interested in 498a as its success is only 2%. Y is a notorious roudy and has got lot of influence with police and politicians.
Experts pls advice us we are in big problem. X doesn't want to see Y face even for a second and she hates to go to Parihar.
Sudhir Kumar, Advocate
(Expert) 25 August 2013
your query is silent
whether there is there is no dowry demand?
low rate of conviction in 498a is due to misuse that does not mean it cannot be applied where it should be.
Devajyoti Barman
(Expert) 25 August 2013
You can file case at your wish.
If offence is there, do file case. Do not think about the end result.
ramakrishna.r.b
(Querist) 26 August 2013
Our question is is it a must that X should attend Parihar or can X keep away from parihar. If X keep away from parihar what will be the consequences ?. as We want to file Domestic violence case against Y as well as divorce on crime on Y.
ramakrishna.r.b
(Querist) 26 August 2013
Our question is is it a must that X should attend Parihar or can X keep away from parihar. If X keep away from parihar what will be the consequences ?. We want to file Domestic violence case against Y as well as divorce on crime on Y. parihar is a private organisation.
prabhakar singh
(Expert) 26 August 2013
No! it is NOT a must that X should attend Parihar. X can keep away from parihar. No consequences.
You can file cases if you have cause of actions ignoring parihar.
Dr J C Vashista
(Expert) 28 August 2013
As parihar is a NGO they are trying to negotiate and get the matter sorted out amicably and peace may prevail, hence there is no harm in attending, however, legally it is not compulsory/mandatory.
Since there is a cause of action you can tell your daughter to file a case under the provisions of POWADV Act, Section 498A IPC and others.
It is premature to file divorce, it would be better if the marriage institution can be saved.
Sudhir Kumar, Advocate
(Expert) 28 August 2013
Dr Vashishtha advised him to file 498a but querist is yet to respond to my question if there was dowry demand.
