monish 19 April 2015

Next steps after counselling in 498a and dv case

Hi Friends,

My wife complained 498A and DV against me, my Parents, Sister and Uncle. She is staying with her parents since last 6 months.

My case is in counselling stage:

1st counselling session between my parents and my in-laws. <No Results>

2nd session between me, my parents, my wife and my in-laws.

In second session I clearly said that I do not want to stay with my wife anymore. But she is smart enough and started telling in front of Police officer that she want to continue relationship with police guarantee. Although I was forced by Police officer but I denied to take her back.

Now Police officer (SHO) told me to come for next counselling session on 25th which will happen in front of DSP. SHO also asked to bring all the 5 people named in the complaint.

For each counselling session I have to take 3 days leave from office and have to travel a lot. I can say from South to North. My decision is final that I don't want to continue with her.

I need your valuable suggestion on following 2 points:

1. My lawyer is suggesting that I need not to come for 25th counselling session. Lawyer said- "Let my parents go and discuss with DSP, also they will inform him about your final decision and you do not want to have more counselling sessions". Is this right step?

2. During last counselling session, SHO told me that there will be investigation and statements will be recorded. Police will visit city where my parents are living, where I am working and where my wife is staying.

I want to know this investigation will happen once FIR is filed or FIR is filed only when investigation will complete. My concern is how much time I will have to get AB for my parents and myself. My case will be in Rajasthan,

Please help me with your valuable suggestion.

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4 Replies

Q Slinger (NA) 19 April 2015

Monish:

1. You need not be present for the counselling session and the police will report that the counselling session failed and hence the FIR will be lodged. However, to keep respect of the police, it is preferable that you do go the session. You can stay on the point that you do not want to take back your wife, however, do it very respectfully. Remain calm, talk softly and don't lose your cool.

2. Stages of Complaint:

- Complaint received from wife

- Counselling session done. If failed..

- FIR is filed, 41A notices are sent, station bail is given (Based on Arnesh Kumar Vs Bihar Judgement)

- Police investigate the matter

- Chargesheet is filed and the same is forwarded to the local court.

The stage between the FIR and Chargesheet is very important. The more cordial relationship you maintain with the police the more favourably they might write the CC. They might even exclude other members of your family from the CC. So that is the reason why you need to be very calm and plesent with the police.

For further information of how to deal with 498a, please join a local Save Indian Family Chapter

Save Indian Family is a completely free organisation that will:

- Educate you on the law

- Will tell you how and what sort of lawyer you should get

- Other provisions of the law that will enable to fight your case effectively.

You can call SIF on 0888-2-498498 or by visiting the website:

https://www.saveindianfamily.in

Weekly Meeting Information in your respective city:

https://www.saveindianfamily.in/index.php?option=com_content&view=article&id=131&Itemid=431

1 Like

aarjun vhajage (Lawyer) 19 April 2015

Mr. Q Slinger, has given very useful information. Monish, you can follow. I like his suggestion mostly: . You can stay on the point that you do not want to take back your wife, however, do it very respectfully. Remain calm, talk softly and don't lose your cool.

pujari 15 June 2015

Try to add value to the discussion, with your each post.

I and my wife separated amicably By separation agreement ,on which she agreed to a divorce by mcd after one yr separation,i gave her a substantial settlement amount she gave me exclusive custody of our child and left the home , after 7 months my dad expired ,thinking that i have inherited a lot of property and money from my dad , my wife filed rcr, 498etc , in retaliation i too filed rcr , got arrested out on bail figjting 498 ,rcr from her side, what do do abt rcr from my side Lawyer advising to keep my rcr valid till disposal of 498 what to do Plz advice