Manu1234 (xyz) 12 May 2016

Police refused to file 498

Around 3 years ago I had posted regarding my sister on this forum:

https://www.lawyersclubindia.com/forum/Child-custody-from-abusive-husband-69265.asp#.VzOJ04QrLIU

After a lot of tolerence, my sister decided to move out of her husband's house and staying (with her children) with us now in Maharashtra. Soon after that, my brother-in-law came to my native place and started publicy abusing my parents on the street. All the abuse (physical/mental) on my sister, money taken from us, and gold snatched from my sister happened in her husband's home or at my hometown (both are in Karnataka).

My sister, during this one year, did not go my home town (Karnataka) fearing he would harm her or her children. But in March, he came to our home here at Maharashtra. We were feared but invited him. he took school details of children. He went after sometime. Later, he came in April once again. After sometime he started shouting and abusing my sister in our home. He also started shouting at the children. And he went back ramming the main door. This happened in Maharashtra.

Now we were really feared and contacted an advocate. On her suggestion, my sister contacted police and wrote a detailed complaint. Police did not file FIR on that day, asked us to come after a week. We went after one week, then police contacted brother-in-law over phone and asked us to come back after some days. We went to police station many times. Finally after 22 days, when we went to police station in the morning, police said they file FIR as per 498. After spending sometime, they asked asked my sister come in the evening to sign FIR. In the afternoon I got a call from police saying my brother inlaw has come to police station and they asked us also to come to police station. When we went there, police started saying they can not file FIR as per 498 and filed it under 504. In that FIR, it was written that since we did not allow him to meet the children, he started shouting at us. My sister refused to sign this saying we did not stop him meeting children. Then they modified that line. They said everything has happened in Karnataka, you will have to file 498 there. When my sister said he has abused here also a month ago, they said shouting or scolding is not abuse. I could sense the tone change between morning and evening. Police also said, he will come to meet the children.

Now we are more feared. So please help us with your expert opinion.

1. Is shouting at wife and scolding not abuse?

2. Can she not file dowry harrasment and domestic voilance case from here Maharashtra? Can we approcah higher officials in the police to change this FIR to 498 and DV?

3. Children are of the age 8 and 6 now. He is not interested in taking elder son but someone has told him that younger one is lucky and bring prosperity, he wants to take away younger son. Can my sister stop this legally?

4. What could be the reason police chaging so drastically since morning to evening?

Thank you once again. Please help us take proper steps.

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7 Replies

Mukesh sharma (job ) 12 May 2016

Hi ,manu if police not written your FIR plz come with court and file application in court and get ordr from their police register FIR

and in your case you written your sister bother in law came to your house not her husband.... thats not good coz he has no right to scolding on your sister and shouting

in last when he doing same than plz record all thing and show in court as avidence

you get help some good lawyer he help you best in your case

thanks

Sudhir Kumar, Advocate (Advocate) 12 May 2016

nothing more to add at this stage.

pawan (student ) 12 May 2016

Please approach court if your FIR is not filed. Better take legal solicitation from advocate for further actions.

P. Venu (Advocate) 12 May 2016

Ye, your sister can approach the Magistrate court under Section 156(3) CrPC.

Manu1234 (xyz) 12 May 2016

Thank you fior the quick reply.

- It's her husband (my brother in law) who had come and shouted

- Police have filed FIR (sec 504) but not under 498. Actually, police told in the morning that they will file 498 themselves, but by the evening they changed it.

A walk alone (-) 16 May 2016

You can file DV direct in court or you can approach court that police is not registering your case. In future if your sister husband or any of his family member comes and abuse her or children then make a video or audio recording of it. It will be helpful in filling any case. You can also approach higher police officers. As your post is indicating that police might mix or purchase by her husband that's why they are not corporating your sister.Hire some expert lawyer and file case. File maintenance cases also for your sister and her children.

(Guest)

Looks like the marriage is over. Filing 498A is no use because the section has got very poor reputation in all of judiciary. No arrests happen and most judges presume complaint to be false. Also fighting in court takes 10 years minimum for such case. Same situation with DV case. Lawyers are very corrupt, they never tell you how much time, money and headache will go in dealing with court battle. Parties forget what they are fighting about and yet court gives date upon date. Lawyers are very eager to start a case and once it is started then you are dependent on them for case to end which will never happen - they just keep asking for more money as time goes on. Try to resolve matter amicably. Avoid courts, police and lawyers at all cost. Get a divorce on mutual consent if no reconciliation possible.