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Harmony (mgr)     08 September 2009

Letter from My spouse

My wife who had fight with me and my mother and currently not staying with me has wrote a Letter to my organistion with a copy to Polic Commissioner and National Women rights commision.
I have got a copy from my office two week back to furnish my comments. The letter has all sort of allegations: e.g:-
I have attempted to kill her.
I have asked for dowry and beaten her.

The fact is she herself has gone to her parent and didinot come back for 8 months. I have made several attemps to take her back, but she did not come. When she come back, she collected all her bags and eloped with her moter and brother.

Well in my later to my office I have denied all the allegations. But now a copy of the same letter which was send to Police Commision is reached to local police satation, I called and the concerned officer talked with me with sympathy. But God know what is next for me? My question is :-

1. Do police register a FIR or 498 on the basis of Letter, unless it was expilicitly writtern to register a complaint?
2. Will I be asked for a reply for the the copy of the letter which is send to Womens' rights commission ? Or what may be the outcome?
3. Can I file a defamation case on the basis of false allegation raised on me. Also to damage my carrier?
4. Can this be treated as cruelty aginst me, and will it help me to file a divorce petition? Though I have several other reasons to file a divorce.
5. How about filing a case for JUDICIAL separation and then going for divorce, or directly going for divorce.

Please suggest...



Learning

 3 Replies

Anjali (IT)     08 September 2009

1 .Police will conduct a formal inquiry before filing FIR under section 498a.  I am not sure about your state you may consult with a lawyer in your city.

2. If women's right commission requests you to reply then you can do it. It is not necessary to reply voluntarily.

3. Defamation case can be filed , but will pro-long the legal battle

4. Writing to company/employer is a cruelty. There are few supreme court judgements, which clearly mentioned it is cruetly.  You can file divorce under mental cruelty.

5. There is no point of filing Judicial separation and then divorce. Better file RCR first.  Try to resolve the issues within family members both parties. Legal battle is not easy for these kind of cases.

All the BEST

 

1 Like

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     09 September 2009

Anjli is right, first try to resolve the matter amicably, even then if you think it will not be sort out then directly file divorce. Mention your location to guide you as per local law.

adv.kamal.grover@gmail.com

1 Like

Mrs. Hetal Sunil Shah (Advocate)     09 September 2009

I have vast experience of family court and 498A better to follow anjali and get her agreed for joint petition for divorce under 13(B) of HMA - this will solve yr problem at the earliest.


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