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Pravin@1234   04 March 2024

How can i challenge mahila ayog case, my case is already in court

Dear sir, 

     I have filed a case of divorce case in 2021 in pune, my wife has left my house by her own decision in March 2018, and now she is saying she want to come to my home, from that case is still running in court, my wife gas appeared only 2 time in court , but after that she has not attended the case, but now she has filed a case to mahila ayog- sp office, after 3 hearing I am not present there, now they are preparing for 498a case against me, but this case is already running in court, then how can mahila ayog interfere in this, is mahila ayog is bigger than court in India, and Sp officer is bigger then the court, how can I challenge this case please do reply


 6 Replies

Kartikey Tiwari   04 March 2024

I understand that you’re facing a complex legal situation, and I’ll do my best to provide some guidance.

Mahila Ayog (also known as the National Commission for Women) is an organization in India that deals with women’s rights and issues. It is not a court, but it has the authority to address complaints related to women’s rights and gender-based discrimination. Here are some points to consider Mahila Ayog’s Role:

Mahila Ayog has the power to investigate complaints related to women’s rights violations, including cases of domestic violence, dowry harassment, and other gender-related issues.

While it doesn’t replace the court system, it can independently inquire into matters and recommend actions.

Court Proceedings:

Your ongoing divorce case in court is separate from Mahila Ayog’s proceedings.

The court’s decisions are legally binding, whereas Mahila Ayog’s recommendations are not enforceable in the same way.

Challenging Mahila Ayog’s Actions:

If you believe that Mahila Ayog’s interference is unjust or unwarranted, you can take the following steps:

1 - Seek legal advice from an experienced family lawyer. They can guide you on how to handle both the court case and Mahila Ayog’s proceedings.

File a Counter Complaint: You can file a counter-complaint with Mahila Ayog, explaining your side of the story and providing evidence to support your claims.

Attend Mahila Ayog Hearings: Attend the Mahila Ayog hearings if possible. Explain your situation and present any relevant evidence.

Politely request they don't recommend a 498A case based on the existing legal proceedings.

Challenge the Jurisdiction: If Mahila Ayog’s actions seem to overlap with the ongoing court case, you can challenge their jurisdiction. Consult your lawyer on the best approach.

498A Case:

The 498A case (related to cruelty against a woman by her husband or in-laws) is serious.

Challenging the Potential 498A Case: Collect documents related to your ongoing divorce and your wife's absence from court hearings.

• If you have any proof that she left voluntarily (e.g., messages, emails), keep those too.

Continue attending court hearings for your ongoing divorce case and consult your lawyer about the 498A case.

Remember that the court’s decisions take precedence over Mahila Ayog’s recommendations.

Legal Representation:

Engage a competent lawyer who can handle both the court case and any proceedings related to Mahila Ayog.

Provide your lawyer with all relevant information, including details about your wife’s appearances in court and her recent actions.

T. Kalaiselvan, Advocate (Advocate)     04 March 2024

Mahila ayog is neither a court nor it has any power to initiate any criminal case.

They can recommend to SP to register a criminal case against you, but the police is not obliged to initiate legal action on their recommendation.


Pravin@1234   05 March 2024

In this case they are involving name of my sister and brother in law, I am worried because they are working in government job, if this case logged then will that harm there job ? 

T. Kalaiselvan, Advocate (Advocate)     06 March 2024

If any case is filed by the authorities concerned, then the accused/respondent can challenge the same on merits in the trial proceedings, it will not affect his job until being convicted 

First of  think of the plan to tide over the present crisis and then plan to handle the future issues.

Sudhir Kumar, Advocate (Advocate)     07 March 2024

Pending divorce case is no reason to stop police or Mahila Ayog to proceed with criminal case of 498a. So FORGET  about wasting time and money in challenging the same. 


Beware 498a is non-compoundable,  if filed your wife cannot compromise.


You stated your wife wants to come back.  You are silent what was your reaction on the same.

Kartikey Tiwari   07 March 2024

See this.. 

Attached File : 1030918 20240307161022 img 20240307 163542.jpg downloaded: 8 times

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