Sir,
Professionally I am an Engineer and working in a reputed Construction Company. I married from a very poor family during 2004 considering the girl’s pathetic life because of her drunken father (he hanged himself before my marriage), quarrelling behavior of her mother, Irresponsible two brothers. Since my principle is to give a better life to a poor girl was not felt wrong, my father agreed for the marriage in spite of strong objections from relatives, friends and mass of the area. The girl was from same caste. After marriage we were residing far away from the family of both at my place of Job in another State. However, before completing one year of marriage my wife had started indifferent attitudes. For everything I say, she consults her mother and what her mother say only she follows. First I thought it may be because we could not have a Child. I, therefore, consulted the medical experts and on the basis of a minor treatment to her, a male Child was born during 2007. Still my hope of improvements failed, she continued the same attitude. She also developed another habit of borrowing huge amount from our neighbors, pledging the gold, which she had only by the contribution of my father, being her family is poor. She becomes angry when I ask the purpose for borrowing such money and pledging gold. She says she doesn’t remember the purpose. She was so allergenic to my sister, mother and Father, though her stay with them would last only for a couple of days or so, that too on very few occasions. She was deadly against me talking to parents and sister. In order to keep peace in family life I obeyed her for some time. Then she started creating problems on other subjects. What I could understand was that she wanted to irritate me on one matter or the other. During my posting at our home town, but residing about 20 Kms away from our parents, I took her to a Psychiatrist of a reputed Hospital with her consent, who observed that she has some problem and prescribed some medicines. She consumed it for some time, but after two weeks she stopped it on the advice of her Mother on the allegation that it is an effort by us to make her mad. Again when I was shifted to another place in another state, due to continuance of her problem another Psychiatrist was consulted, who also confirmed of same problems with her, but same thing happened this time also in following the medical advice. Since day by day problem was increasing and it had started affecting my professional life, I had to act differently and so after giving it a serious consideration, I filed a divorce petition in the Family Court at our Home Town during October, 2012. I had also filed another case for custody of the Child. Countering to this she used as a weapon the laws favoring women and filed a case in November, 2012 against me, my father, mother and sister (who resides at Bangalore) under P.W & D.V.Act before a JFCM Court and another case against the same persons under Section 498a of IPC. The latter case was passed on to Police by the Court for investigation. Her petition filed for residence in my Father’s house was first allowed by the Court, but subsequently on a counter petition by my father referring the Supreme Court ruling, it was vacated. All these cases were going on in different Courts, except the custody of Child, which was closed on the basis of an un-implementable award of Lok Adalath. I am not coming with details here of this case. However the award was not proper without a mutual agreement attached to it and the High Court and Supreme Court have not taken the pain to hear my case on merit and rejected it at admission stage with irrelevant reasons.
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Now the point on which I want clarification is that my wife has withdrawn the case filed by her in the JFCM Court under P.W & D.V Act on 24-05-2014 voluntarily and un-conditionally when the case was to reach evidence stage of the Petitioner. Thus all matters connected with it stand closed on the said date. This very clearly shows that they have no evidence to support and all the allegations in the complaint were false, fabricated and far from truth. However in the petition under Section 498a investigations were conducted by Police and Protection Officer during the year 2012 but nothing came from Police or Court. Now, after a period of two years, I heard from my Father that Police have come to him with summons of this case. The doubt now arises is that when the main case filed by the complainant has been withdrawn, whether the FIR filed under Sec. 498a of IPC in the Court on same and similar allegations and investigated by the Police can be processed when the complainant of FIR, has no complaint now. I would like to have reference of any relevant rulings of the High Court of Kerala or Supreme Court in such or similar matter to present before the Court with preliminary objections. I would also like to know whether we can challenge at preliminary stage only that the Police investigation is improper, in view of the recent ruling of Supreme Court dated 2nd July, 2014 in a case under Section 498a. Though the Supreme Court decision is regarding arrest of Husband and his relatives in 498a cases, It criticize, in some portions of the Judgment, improper actions by Police at investigation stage.
Kindly help me in this regard.
SUMESH NAIR
BENGALURU
