Received Justice (Accounts) 06 April 2013

Need help!!!!!!!!!

Hi Experts, Need urs suggestions again!!Me & My wife along son was residing in Delhi from 2006 (after marriage).My son is in Hostel (Delhi)& my wife, who left home 5 month ago with her mother & uncle for Punjab, went to visit her son after 4 months. Due to non-PTM timing, hostel authorities allowed her to met our son for 30 minutes. She got frustrated & lodged a complaint against me in Mahila Police station. day. I attended th Police station & Mahila Inspector told me that my wife has lodged complaint against me for Domestic Violence. She has given the names of my all family members who are settled in Punjab. I explainted her my view about my wife's carelessness & rude behaviour, but she did not pay any attention towards it. Infact, she was more interested to listen my wife & her relatives complaints which was baseless/proofless.I have sufficient proof of School diary remarks, Phone recording of my wife & her mother in which she was abusing me & my family etc. Now they called me again on next week alongwith son in Punjab . pls. suggest me :

1. My Punjab lawyer advised me to do the reconciliations meantime & take my wife back so that she can exclude my family member name from complaint.Is it OK? Next time can she again put my family member's name.Is it worthwhile?

2. Inspector ordered (verbally) me to bring son alongwith me on next meeting. I suppose it will be a plan of Inspector & my wife family to take custody of son. Now he is in hostel & she can not take it out from hostel without my permission. Should i take son alongwith me or overroute Inspector's order.

3. Inspector was saying again & again thet there is no law in India which can restrain a mother to keep the custody of child till 18 year. Pls eaplain.

4. If I got arrested, is it possible for my wife to take the custody of our son from hostel?

5. While sitting Inspector was saying again & again, put him behind bars. Is mahila thana inspector has rights to put me behind bars or just threating me. When & how can i get arrested & what wil be process to get AB.

6. Inspector has not shown us complaint copy. How can i get it.

Incfact I am in Delhi & my Delhi Lawyers views are quite different from Punjab one. So I need help from experts to make my view clear. Also pls suggest me good Divorce Lawyer in Punjab for 498a & DV cases.

Reply Follow

6 Replies

Sudhir Kumar, Advocate (Advocate) 06 April 2013

your son is not accused. You need to take him. Police is not empowered to hand overe his custody. take AB if possible in Pubjab.

adv. rajeev ( rajoo ) (practicing advocate) 06 April 2013

Police have no power to register the case under the DV Act, but they are police handle the case wisely

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com) 06 April 2013

Where your case is pending right now.

Coz police will register case under section 498A etc.

But your advocate cannot remove names of your family members.

better to contact me alongwith your complaint copy filed by your wife.

Regards

adv.kamal.grover@gmail.com

Chandigarh.

9814110005

vijay (M) 06 April 2013

1. she can put your family memebers names anytime. if you take her back the situation becomes more dangerous.

nobody can force you to reconcile.

2. you are not bound to take your child with you. only a court can order the child to be produced.

3. there is no law mandating default custody of children to mothers whatever be the age or s*x of the child.

4.mahila thana has no right to put you behind bars. only and favourite section woman use is 498a for which you make take necessary precautions.

Sudhir Kumar, Advocate (Advocate) 06 April 2013

meeting Mr Grover can help you.

yathiraj (Lecturer) 07 April 2013

my wife has deserted me around 2 years back & i files section 9 of hindu marraige act and it was ordered exparty and past 6 months back she has filed a 498a & 506 ipc against me and my mother and we got bail.

but now i have filed a divorce petition they are not filing petition and just they are taking time on every hearing date what is the next step should i take please suggest me