Mahagun (prop) 03 August 2014

Need guidance

Hello Seniors,

Came to know that wife has approached court and filed 156(3) for directing police to lodge the complaint.

The complaint is totally frivilous. Apart from the regular acquisitions of lakhs of dowry and mental harassment and no food. Beating, throwing out in night and after some hours allowed to come back.

The copy that we have acquired says that the action to be taken under 498a, 406 and 120 b. As far as i have read your forum posts. 498a is for dowry and harassment and 406 for istridhan and non returning of articles and 120b for conspiring. She has accused me, my bedridden mother, my sisters and bil.

My query: How should we approach. We have received call from PS and have conveyed to them that we will be coming there soon for mediation. Should or can we get an ACB before we go then. Then on what grounds. My mother sick, my sis and bil stay on diff address.etc.

Since what ever I have read in the forum the case has to be in the hands of the area where last incident has happened. Now they have cooked up a story stating that around six mths back i and my family came to there house asked for mutual consent divorce and when it was denied. Me and my family beat the girl blue, say obscene words to her parents and came back and even after this she came to my house to save her family and was shooed away.

How do we prove we never went there. What proofs work in court? My neighbour would they be counted.

Is it possible for us to approach the High Court and get the FIR quashed. or has the FIR been registeered for sure. I don't know but the copy that I have with me looks more or less like an FIR. What happens when someone goes to court with 156(3)

I am the only one with my mother and kids.

Married for past 15 years. No complaint from her side as far as I know. Since haven't received any call from any Police Station in this regard. Also she is staying away from me from past 4 yrs.

How to deal with it.

Regards,

P.S. In dire need of responses.

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2 Replies

Mahagun (prop) 04 August 2014

Also would like to know does the Magistrate giving order under 156(3) doesn't ask for proof of accusation from the complainent.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 04 August 2014

The Apex Court on Friday (22nd Feb 2013) issued directions to all courts dealing with matrimonial disputes to settle all matrimonial disputes at first instance through the process of Mediation. The Supreme Court directed Family Courts and Criminal courts to refer parties to Mediation Centres to settle disputes through settlement under mediation. Mediation is an alternative process of resolution of disputes by trained mediators.

The Supreme Court of India directed Family Courts in view of section 9 of the Family Court Act to make all possible efforts to settle matrimonial disputes especially in relation to maintenance, child custody etc. through the process of mediation and to refer parties to mediation centres with the consent of parties. The apex court observed that the family courts should endeavor settlement of disputes through the process of mediation even after the filing of failure reports by counsellors. The Family Courts take the help of Counsellors in settling matrimonial disputes during the course of trial. The Court further observed that family court should set reasonable time-limit for the completion of the mediation process by the mediation centre so as to not cause any further delay in resolution of disputes by the family courts and observed that they may extend the time limit for mediation proceedings.

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