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poonam verma (Company Secretary)     11 November 2013

Family dispute

Hi frens,

I have a query, whether in case of dispute between husband and wife, the wife has the right to directly file an FIR against the husband or she is required to first file a complained in district women cell. What is the correct procedure, pls answer.

 

thanks



Learning

 7 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     11 November 2013

There is no need to approach the woman cell seperately, you can approach local police station.

Adv. Chandrasekhar (Advocate)     11 November 2013

You can file the complaint before the concerned police station or before the crime against women (CAW) cell.  If you file it before police, they instead of registering FIR, send it to CAW cell and they will initiate conciliation/counselling between the estranged couple.  But if the complaint relates to economic abuse, physical abuse, verbal abuse etc. but the complainant seeks the civil remedy like compensation, residential rights, protection or maintenance, then she can directly approach the court by filing Domestic Violence case under Domestic Violence Act.

laxmi kant joshi (instructor)     11 November 2013

There is no need to approach to caw cell , you can directly approach to file FIR in your local police station , if you want to make private complaint you can go to the court and file the domestic violence case against him in various sections of domestic violence act .

Aazad Sufferer (Advocacy-Family and women oriented laws)     11 November 2013

Without knowing the actual cause of dispute it's sarcastic and worthless to give legal answer to this Lady.

As she has only mentioned dispute between husband and wife but the above repliers are thinking that they have grabbed a client for them and without reasoning they are suggesting to file DVA2005 case.

 

Dear lady,

 

A dispute is not termed as one end, it's always two way communication,So filing N number of cases Like having Pani puri on the street will only give you bad taste in life.

Deeply Hurt (PM)     12 November 2013

Exactly my thoughts Aazad! I'm stunned to even say anything by the replies given by "advocates" . No wonder we have such atrocities committed against men for no rhyme or reason especially when the issue of contention or "dispute" can be resolved by mutual dialogue or counseling or therapy. It's very unfortunate that many women go for the legal route to resolve their petty disputes without knowing that such measures taken by them is going to damage their relationship irretrievably. Lady, if you even have an iota of common sense just realize that None of the advocates have even mentioned you to try resolving it amicably & then try the legal route. From this it's very obvious that they are being true to their profession to get a client. If you wanna break your marriage beyond repair you can follow these "advocates" advice - which are a dime a dozen, but if you wanna save your life try to resolve it amicably first.

poonam verma (Company Secretary)     12 November 2013

Thanks every one for giving me advise, specially Deeply Hurt and Mr. Azad Sufferer.

As Deeply hurt wrote if i have some common sense than i should not break my marriage. I want to tell you i am happily married and me and my hubby has a very gud understanding and i will always prey god to keep his belssing with us.

I ask the question coz one of my husband friend is in problem as this a public platform i can write the exact matter. Wife of my Hubby's frend is doing some acts causing tensions in his life so i ask just to help him what consequences that poor guy can face. i understand intially rules/law was made to help innocent/uneducated ladies but some ladies have become over smart now a days trying to misuse law.

Though the issue is not a big one and can be resolved with mutual conversation but the girl and his family is unnecessarily dragging the issue, i don't what best can be done in this situation, any body pls suggest the correct way

 

Thanks

Northern Queen (Manager)     04 January 2014

Peace and love


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