Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Prasun Chandra Das (Banker)     19 December 2012

False complaint at womens cell - seek advices

My friend's wife left her in-laws' house and went back to her paternal house alongwith her 2 yr old daughter on 01.04.12, when no one was present at the in-laws' house. In July 2012, she submitted a written complaint at Women's Cell at aPolice Station, alleging harrassment, mental & physical torture and dowry against my friend, his parents and sisters. The Womens Cell at the Police Station wants my friend to resolve the matter and take his wife back. Subsequently, she has expressed her desire to live with him, but on the condition that my friend has to sever all ties with his parents & sisters. My friend does not want to take her back and wants a divorce, even at the cost of losing custody over the baby. Despite informing them of his intention, the Womens Cell has been fixing dates for meetings twice a month, and is adamant that he has to take her back. My friend has also been verbally & physically threatened and abused by the Police at the Police station.

My queries are as follows:

1) Can my friend write to the Womens Cell stating that he has no intention to take his wife back, and stop going to the (meaningless) meetings at the Police Station? What actions can the Womens Cell/Police/Court take in that case?

2) What steps can he take so that he is not pressurised/abused at the Police station?


3) Is there a necessity to take anticipatory bail on the issue?


4) Would it be better if he waits for his wife to file for divorce? Is there any disadvantage to the husband if he initiates the divorce proceedings?


5) Generally speaking, what is the best way to handle the issue from now on?

I would be obliged to have answers (preferably serial wise) to the queries above from the experts.

Regards

Prasun
 



Learning

 6 Replies

Msk-need -nuetral- laws (self)     19 December 2012

Hi Prasun,

Safety measure:

1.Request your friend to lodge a false dowry complaint, plus her willful leaving of home alongside a lawyer well known to him or reffered by a well known circle. Keep the copy of FIR safe.( you know why later)

2. Find common elder mediator who is good to both side and neutral and before them ask your friend to narrate teh problem and his stand of not leaving his family. and if she says OK, if he is Ok with that then take her. During this meeting take everyone into agreement that there was no dowry request and get affidavit in this regard signed.

3. If no common elder, try mediation

4. If step 2, 3 fails, trying for MCD

5. Prepare adequate steps for gaurding against 498a and DV

6. Steps to make mind in balance with least possible emotional state (especially blind aggression if by nature one is short tempered)

7. AB ( for every family member) in the event of more possibilty to 498a

please consult good lawyers on seeking reality ground for your divorce

Mani

Prasun Chandra Das (Banker)     19 December 2012

Thanks a lot Mani, for your replies.

But the following queries remain unanswered:

1) Can my friend write to the Womens Cell stating that he has no intention to take his wife back, and stop going to the (meaningless) meetings at the Police Station? What actions can the Womens Cell/Police/Court take in that case?

2) What steps can he take so that he is not pressurised/abused at the Police station?


3) Is there a necessity to take anticipatory bail on the issue?


4) Would it be better if he waits for his wife to file for divorce? Is there any disadvantage to the husband if he initiates the divorce proceedings?

JASWANT VIJAY AGNIHOTRI (AIR ARMY)     19 December 2012

same is with me but didnot given any unwillingness to any place, i think u donot require to give any willingness that u want wife to came back, i also filed divorce and wife came with HMA 24, she self forbidden to join, what ur wife want to join or not, if not then file divorce but in court be aggree to keep, let them rply false allegation. u can say her to take back her complain or change then only u will be agree to join, again satate that u can't bear a false complain, in next meeting give this and keep a copy with u. record calls also or find any allegal affair it may be.....

Saurabh..V (Law Consultant)     19 December 2012

@Author

 

See my reply for your questions:

 

 

Q.1) Can my friend write to the Womens Cell stating that he has no intention to take his wife back, and stop going to the (meaningless) meetings at the Police Station? What actions can the Womens Cell/Police/Court take in that case?

 

 

A.1) There is nothing that stops you in giving anything in writing to any govt. officer. However, it is expedient that you do not give anything in writing to anyone unless not adviced by a legal practitioner. Even if you are adviced, maximum they can do is lodge a complaint, might that contain false or true statements of your friend's wife, and proceed to act on the complaint as prescribed by the law. In such situations generally, if there are general statements of harrassment and there is no physical injury the police is not authorized to arrest husband or any other accused. But there are cases where they have arrested. So it is imperative that you have an informer in that police station who can inform you that there is a FIR lodged against you in the police station so that you can move to Court of Sessions to pray for Anticipatory Bail. 

 

Such cases are registered under S.498a of IPC which is a non-bailable and cognizable offence which empowers the assigned police officer to arrest all the accused without any warrant. But there are direction of Hon'ble Delhi High Court which were passed by Hon'ble Justice Mr. Kailash Gambhir in the year 2010, that if in such cases the police officer wants tp go ahead and arrest the accuseds, he/she has to take due permission from the DCP of the concerned area. So in my view, you are not in the category of grave danger of arrest. But it might turn other side if the police offer has been gratified illegally by the complainant and he/she arrests all the accuseds despite the operating order of Hon'ble Delhi High Court. 

 

Q.2) What steps can he take so that he is not pressurised/abused at the Police station?

 

A.2) The best step is to do mediation by appointing an elder of the family as mediator. Amicable settlement in this case would be bet suited for both the parties. Additionally, if such a mediator cannot be appointed, then you can move to a Court of Sessions to give you help for professional mediation. There are Mediation Centres setup by the govt. these days which have experts who can actually bring such cases to amicable settlement and this is generally helpful in most of the cases.

 

Q.3) Is there a necessity to take anticipatory bail on the issue?

 

A.3) As explained above, anticipatory bail has to be taken once the Women Police Station registers an FIR. But please note that no court can give anticipatory bail unless there is a FIR. Without registration of FIR, your petition shall stand unmaintainable. Remaining technicality has already been well detailed in my answer A.1.

 

Q.4) Would it be better if he waits for his wife to file for divorce? Is there any disadvantage to the husband if he initiates the divorce proceedings?

 

A.4) This has to be properly analyzed by an experienced and trustworthy lawyer. Such cases which are very tender and critical needs due diligence & circumspection. In my view, husand should not wait for the wife to act. Once the wife becomes complainant, it is the complainant who would be heard first by the court and respondant shall be given second opportunity. But if you take the initiative, it is very technical and let only an expericened lawyer take this decision for you.

 

Q.5) Generally speaking, what is the best way to handle the issue from now on?

 

A.5) Mediation & amicable settlement. Generally fate of such cases is that both parties are devastated and no on gets anything out of it. Only ego clashes bring cases to court and  by the time  the case reaches its logical conclusion, the parties get exhausted.

 

//peace

/Saurabh..V

1 Like

Msk-need -nuetral- laws (self)     19 December 2012

saurabh made my thoughts.

Prasun Chandra Das (Banker)     19 December 2012

Thanks to all for their replies. But the thing is, MY FRIEND WANTS DIVORCE, NOT AN AMICABLE SETTLEMENT.

 

Regarding my Q1, I learned that Delhi HC has ruled that Crime Against Women (CAW) cell has no authority to secure the presence of any person. They can only request the parties to appear for the purpose of reconciliation. Since my friend wants divorce, I think it it correct for him to wrtie to the CAW at the Police Station that it is not obligatory for him to appear before the CAW and since he does not intend to reconcile, he shall henceforth not appear before the CAW.

Regarding my Q2: If answer to Q1 is ok, then this does not apply.

Regarding my Q3: As understood from Saurabh's reply, FIR needs to be filed first for an AB to be filed.

Regarding my Q4: As I understand from the replies, it is immaterial as to who files for divorce first. It is perhaps better that the husband files divorce before the wife does. 

 

I request all to advise if my understanding is correct, and also extend further advices in the light that "my friend wants divorce".


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register