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Sameer12345 (SSE)     07 June 2012

Ngo/mahila kendra - provoking me and my family

Hello Experts/Learners/Experience People,

 

Before 2 days I have visited Mahila Kendra as they have called me on phone.

 

I have asked is there any complaint from anybody?

 

She told "Yes not exactly, We have sympathy for you so and all that" "Lawfully we have to send notice only but we want to know what is the main clause of dispute so come along with your mother"

 

I went there and told the fact that "She has physically harrased me" and i am here to get the complaint.

 

Further i have added "I have told the fact" now do you want anything else? She tried many attempts so that i speak further, later on I said them "Do you want to put me behind bar?" do it now. and left the place.

 

Now she is calling my sisters and keeping them in fear. Situation is not in control in my home.

 

Questions:

1) What should we do further so that Lady of NGO do whatever she wants without asking me?

 

2) Why is she doing so?

 

3) What can be done and what should not be done?

 

Please experts help.....



Learning

 9 Replies

Sameer12345 (SSE)     07 June 2012

Its NGO or Mahila Kendra, I haven't confirmed.

 

She has told that she is Director of Mahila Kendra and Human Rights organization.

Divya Jyoti Jaipuriar (Advocate/ 09868002365)     07 June 2012

Dear Sameer

With your entry, the entire story is not clear. However, I am assuming that there is a metrimonial dispute and your wife has approached the NGO for some assistance. That NGO has called you and talked to you or rather attempted to mediate between you and your wife.

On such assumption, let me clarify issues to you:

1. Any NGO have no locus to take any legal action against you in any metrimonial dispute, unless they are appointed as "Service provider" under Domestice Violance Act. The best they can do is to offer all kind of assistance including legal assistance to your wife to initiate any action against you.

2. If your wife has made a complaint under DV Act before the Competent Court and such court has referred the matter to Protection Officer and also to Service Provider, such NGO has to ensure that you donot harass or commit any domestic violance against your wife. In such case, please ensure that you are not causing any trouble or harassment or disturbance to your wife. If your wife has filed a case against you under DV Act, you might have received Court notice and and Summons or you will get the same in next few days. Please fight that case deligently.

3. You cannot stop the NGO in taking whatever action they want to take by way of providing assistance to your wife or Service Provider under DV Act. The best you can do is to take legal assistance from an Advocate to protect your and your family's interest in the Court.

 

Divya Jyoti Jaipuriar, Adv.

+91-9868002365

www.jaipuriar.com

1 Like

Sameer12345 (SSE)     07 June 2012

Originally posted by :Divya Jyoti Jaipuriar
"
Dear Sameer

With your entry, the entire story is not clear. However, I am assuming that there is a metrimonial dispute and your wife has approached the NGO for some assistance. That NGO has called you and talked to you or rather attempted to mediate between you and your wife.

On such assumption, let me clarify issues to you:

1. Any NGO have no locus to take any legal action against you in any metrimonial dispute, unless they are appointed as "Service provider" under Domestice Violance Act. The best they can do is to offer all kind of assistance including legal assistance to your wife to initiate any action against you.

2. If your wife has made a complaint under DV Act before the Competent Court and such court has referred the matter to Protection Officer and also to Service Provider, such NGO has to ensure that you donot harass or commit any domestic violance against your wife. In such case, please ensure that you are not causing any trouble or harassment or disturbance to your wife. If your wife has filed a case against you under DV Act, you might have received Court notice and and Summons or you will get the same in next few days. Please fight that case deligently.

3. You cannot stop the NGO in taking whatever action they want to take by way of providing assistance to your wife or Service Provider under DV Act. The best you can do is to take legal assistance from an Advocate to protect your and your family's interest in the Court.

 

Divya Jyoti Jaipuriar, Adv.

+91-9868002365

www.jaipuriar.com
"

Thank you for providing information.

 

Yes, Its matrimonial Issue. Wife physically harrased me, I have explained the matter to Director of Mahila Kendra, But on counter wife is giving false allegation and certain true minor allegation. Wife's application was not on record yet at Mahila Kendra and human rights organization.

 

I am not going to receive a call of Director of Mahila Kendra in case if she calls. Will it be another allegation?

Divya Jyoti Jaipuriar (Advocate/ 09868002365)     07 June 2012

Dear Sameer

When your wife "physically harassed" you, have you filed any Police Complaint against her? How would you prove the harassment? I think, she has initiated legal actiona against you. Please take appropriate legal opinionin your case with full details.

 

Warmly

Divya Jyoti Jaipuriar

1 Like

Sameer12345 (SSE)     07 June 2012

 

Yes, In her non legal application she has mentioned about Mental Harassment and Dowry and asking Maintenance.

 

I am thinking to apply for AB for my mother and sister. They are named.

 

But on what ground I can apply for AB? I don't have her complaint with me and it is not on record.

 

I guess without any strong documentary or video or call recording I cann't apply for AB.

 

Am I Right? Please help.

Never Give Up (Fighter)     07 June 2012

No need of AB unless you get call form police / mahila thana ..Why wasting money ??

 

You may also tell that lady next time that if you want my appearance send me complaint along with summons to appear. Without that nobody will come to you.

 

Tell that NGO lady that if you are calling my sisters and other family members then you are going to file police comlaint against her. Or else there should be valid complaint against you. I am not sure on this point, but you may file written complaint against that lady NGO that she is harassing you and your family un-necessarily.

 

I think your in-laws wants to pressurize you for settlement , otherwise normal practice is to file police complaint directly and then law takes it course.

1 Like

Never Give Up (Fighter)     07 June 2012

No need of AB unless you get call form police / mahila thana ..Why wasting money ??

 

You may also tell that lady next time that if you want my appearance send me complaint along with summons to appear. Without that nobody will come to you.

 

Tell that NGO lady that if you are calling my sisters and other family members then you are going to file police comlaint against her. Or else there should be valid complaint against you. I am not sure on this point, but you may file written complaint against that lady NGO that she is harassing you and your family un-necessarily.

 

I think your in-laws wants to pressurize you for settlement , otherwise normal practice is to file police complaint directly and then law takes it course.

1 Like

Anjuru Chandra Sekhar (Advocate )     07 June 2012

@Divyajyoti Jaipuriar

 

"such NGO has to ensure that you donot harass or commit any domestic violance against your wife"

 

No. Service provider has no power to do that under DV Act.  Service provider can -

 

i. record the domestic violence incident report and forward it to protection officer and magistrate

ii. can get the aggrieved person medically examined and send medical report to the protection officer and police station

iii. ensure that the aggrieved person is proved with shelter in shelter home.

 

No where it is mentioned that a Service provider can interact with the offender.  CAW cell can do it and as per HC judgments CAW also can only request the accused person to be present for mediation it cannot force him to be present for mediation. Under DV Act, a Service provider cannot even do that. Under Sec.14 of DV Act a magistrate can direct the respondent / aggrieved person to under go counselling with any service provider, but that is different from mediation and that also means service provider on its own cannot initiate a dialogue with the respondent or accused person without the direction of court.

2 Like

Anjuru Chandra Sekhar (Advocate )     07 June 2012

There is lot of difference between "counselling" and "prevention of crime" which is an aspect relating to preventive vigilance.  Sec.14 of DV Act only refers to "counselling" not to "prevention of crime".  Counselling means helping the respondent/aggrieved person to reconcile with the spouse by learned advise. Prevention of crime is generally the duty of any citizen not necessarily that of police or some NGO.  Any citizen can react to prevent any crime on humanitarian grounds to prevent causing harm to the victim.  But that happens impulsively at the scene of crime without any forethought or deliberation.  To plan and assume duty to prevent a crime is different.

 

And when any law/court specifically hints at ceding such powers to any agency/NGO saying "you have power to prevent crime", it will be construed by them that they have now the power to abuse, threaten and bully the accused to do the things that they want him to do.  So no law generally says specifically to any agency you are empowered to prevent a crime.

1 Like

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