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Harrressed Husband (Freelancer)     11 August 2014

Corrupt mahila cell counselor?

On 27th June wife (typical 498a personality) left my home (owned by my father) on some petty issue. On 14th July 2014 she filed FALSE dowry and domestic violence case in Mahila cell. Till 2 counseling sessions, the lady counselor was unbiased and gave me and my wife chance to speak our version of things. There were arguments but the counselor got good idea that my wife is wrong on many instances. 

Before 3rd session, the counselor lady called me and my father at her personal office and asked us if we are ready to take back my wife or want divorce. On which we told that we will take her back home but on certain conditions. The lady frightened us by saying many things. May be she was expecting some money from us. The lady also told that she called my wife also to meet her at her personal office. 

On 3rd session the counselor lady was totally biased towards my wife and was behaving as if she is my wife's appointed lawyer fighting her case. She was yelling and shouting at me. She put allegations on me that I have an affair. The counselor was supposed to play a neutral role and deliver justice. 

I gave a list of 7 conditions to the counselor lady. The lady instead of putting those conditions in front of my wife objected on my 3rd condition and that she will write other conditions in her own way not the way I want it to be. My wife wanted to see those conditions but the lady said her not to worry and that she will take care of it. My wife told she wants to tell her conditions too but the lady again said that she will take care of what conditions should be there from her side. 

The 3rd condition was that I will not stay at my parent's house but will stay in a rented house with my wife. The lady treated me very harshly on this particular condition. She out rightly rejected it and pressurized me to keep my wife at my parent's home only.

Experts, please guide me if the counselor can force me or my parents to keep my wife at their home.

Please tell me what action can she take against me if I don't follow her orders. I have to give my answer to her tomorrow i.e. 12th Aug.

Please also tell me whether FIR will be lodged and I may get arrested once the counselor submits her report which I fear will be against me. I talked to one or two lawyers and they told me that I'll have to get bail for myself and other family members. We are very much terrorized with all this.

Please help US.



Learning

 5 Replies

Prasad (Systems Engineer)     12 August 2014

Hi Harrressed Husband...
 
Do not get terrorized by your wife, counselor, police, Judge and advocates.
Do not get terrorized by your wife, counselor, police, Judge and advocates.
Do not get terrorized by your wife, counselor, police, Judge and advocates.
Do not get terrorized by your wife, counselor, police, Judge and advocates.
Do not get terrorized by your wife, counselor, police, Judge and advocates.
Do not get terrorized by your wife, counselor, police, Judge and advocates.
 
All of them are normal human beings as much as you are.
 
A counselor tries to unite couples. So they try to force sometime. 
But they do not have any authority.
 
I also went through 3 rounds of mediation and it failed as I did not agree to continue with my cruel wife. 
My counselors [lady and a man] also tried to force me. But I just countered them with facts.
Then the mediation cell sent "mediation failed" report to Judge. 
Now Judge confirmed the same and have asked her to file a counter.
I am now preparing my counter notes.
 
 
A counselor cannot FORCE you or your parents to keep your wife in your home.
A counselor cannot FORCE you or your parents to keep your wife in your home.
 
Even a Judge cannot FORCE you or your parents to keep your wife in your home.
Even a Judge cannot FORCE you or your parents to keep your wife in your home.
 
If the counselor sends a report against you and if it is false, complain the same to judge.
 
As suggested by lawyers, please take bail.
 
Then just keep preparing the facts/proofs and fight your wife's cases.
 
Meanwhile, if you have lost TRUST on your wife and marriage, file a divorce case based on cruelty.
Your wife's actions are cruel because she filed wrong criminal cases on you.
 
Keep cool and calm. Just respond in the right way and stay confident.
 
 
Do not get terrorized by your wife, counselor, police, Judge and advocates.
Do not get terrorized by your wife, counselor, police, Judge and advocates.
Do not get terrorized by your wife, counselor, police, Judge and advocates.
Do not get terrorized by your wife, counselor, police, Judge and advocates.
Do not get terrorized by your wife, counselor, police, Judge and advocates.
Do not get terrorized by your wife, counselor, police, Judge and advocates.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     12 August 2014

Mr. Harrested,

very good suggestion by Mr. Prasad. please follow that.

T. Kalaiselvan, Advocate (Advocate)     16 August 2014

the counselor has no right to force her decision on you. Let she receive any graft from the other side, you do not budge to the pressure.  Instead you can tell the counselor that not thrust her decisions on you, and you can politely say that you will take up the issue legally through court, let she give any report, even if the fir is registered, take AB and challenge the case in the court.

Harrressed Husband (Freelancer)     19 August 2014

Thank you all respected experts. Its so kind of you Prasad Sir for such a nice and to the point reply. 

I consulted 2 lawyers and again there is difference of opinion between them. One of the respected lawyer says not to go for any bail for now and that the case is finished now. Take back the wife home, bear with all her cruelties for another 4 months and wait till one year of marriage is completed to file the divorce. He also said that getting bail in advance would prove us to be suspicious.

Another respected lawyer told to send a notice of "restitution of conjugal rights" to wife at her parents place where she is residing currently since 2 months. He told to mention in the notice that I am ready to stay with her in a rented accommodation leaving parents home. This notice should reach before the counselor's report reaches court. This will reveal my intentions to stay with wife and in turn FIR will not be registered. Please tell me if this is true?

We have already sent a letter to counselor by registered post stating her biased and enforcing behavior and that we do not expect any justice from her since she objected wife and me to stay in a rented accommodation. 

Please guide me.

Prasad (Systems Engineer)     23 August 2014

Hi Fellow Harassed Husband,
 
 
Please do not go for "rented home" option leaving your parents alone. Never.
 
Like the first lawyer says, please bear for 4 more months.
 
Do all the sincere efforts to live with her.
 
Talk to her over phone to come and live with you and record the conversation.
 
If she comes back to home, analyze whether she improves her relationship/behaviour in your home.
 
- Buy a good voice recorder and record as may instances where your wife abuses you by words.
- Record all telephone conversation with her.
- Bring all your concerns in the telephonic conversation and record her responses.
- When your wife starts abusing you, call any of your/her relatives and keep the phone on.
  This way her conversation is also recorded and third party on the other side also becomes a witness.
- If possible, write emails to her and record the email responses.
- Tell your friends/relatives/neighbours/her-friends/her-relatives 
  to give a surprise visit to your home during the time when your wife would be fighting with you.
- They all stand as the witness of your wife's cruelty.
 
Do this over a period of at least 4 months.
 
During the same time, try your best and sincere efforts to change your wife for good.
 
After 4 months, if she has not changed her behavior, file a surprise divorce petition based on "mental cruelty".
Send the divorce petition to your wife when she is in her parents house.
 
Mention all instances of cruelty and submit all proofs collected in the last 6 months.
 
After few months/years, you will be able to get divorce.
Take other precautionary measures financially. Close any join accounts. 
Do not buy properties in your name. Sell or gift any existing properties to your parents/sister.
 
Also get ready to face any false cases that your wife might file against you.
When you win her false cases, those cases become proof of the cruelty.
 
I assume that you have done your best to change and live with your wife.
If you have lost all your hopes and trust on your wife and yourself, then try the above. 
 
Let the best effort be given to save a marriage. That is our cultural strength.
Every member in this forum hopes that as many marriages are saved than broken.

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