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Sm........ (SR. EXECUTIVE)     07 July 2009

Remedy against Section 498-A & DV Act

Presently my wife and my one yr old son are living with me.    Due to regular quarrals between us (me and my wife ) and due to mental torture my wife was giving to my mom, she (my mom) left  home and is now living with my maternal aunt. 

Quite often we fight over this issue and other issues/allegations etc.  

My brother in laws are threatening me that they will beat me up and will implicate me in false dowry or DV case.

Now I am planning to file complaint (regarding chanes of imlicating me in false cases & threat of physical  abuse by my inlaws)  in my local police station was well as my wife's police station sugested by Mr Manish.

My query is : -   My brother in laws are asking my wife to drop a letter to them (at her maternal home)  wherein she will mention physical tortoure and dowry demand etc.)  I am muslim (Hanfi Law applicable).   And there is no physical relation between us for last 1 1/2 years due to our bad relations. She has also deserted me earlier for more than 4 months.  

1)    Since my wife's maternal home is in different state, shall i have to go there personally to file the complaint or only speed post will do (alongwith the copy of complaint letter submitted to my local police station.)

2)   One of my friend has advised me to submit complaint to the Magistrate also ....

please explain the procedure to file complaint to magistrate and  what amount of fee (court fee etc) is to be paid for this complaint.   And where and whom should i approach.     I AM RESIDENT OF DELHI (SOUTH DELHI).

PLEASE HELP !



Learning

 16 Replies

PARTHA P BORBORA (advocate)     07 July 2009

in my opinion u please file divorse case as soon as possible. the court fee is different in different states. so pl consult a local civil lawyer.

Dharmesh Manjeshwar (Advocate/Lawyer)     08 July 2009

First you will have to file police complaint against your in-laws for issuing threats to life, threats to file false complaints, criminal intimidation, etc with your local police station ..... and thereafter if you feel ... you can also file private criminal cases against them with the Magistrate's court having jurisdiction over your local police station ...... U haven't made it clear whether U want to rope in your wife in these or U want divorce from your wife ....... But if U have decided to cut off marital ties then it would be advisable to go in for divorce rather than get embroiled in all the criminal cases that would ensue from both sides after U've filed your complaint.

 

Pankaj Rai (Lawyer)     08 July 2009

I do agree with Mr.Dharmesh.

Sm........ (SR. EXECUTIVE)     09 July 2009

Dharmesh Ji,

Yes, I want to divoice my wife.  but the problem is, if I divoice her while she is staying with me. Then obviously her family members and relatives will beat me up and will get me arrested in ffalse cases.

And if I wait,   till she goes to her maternal home,  chances are that she may drop  letter wherein she will mention false allegations of dowry demands or physical torture etc (her bro is suggesting her to drop this kind of letter to her maternal home) 

Howeever I made it clear to her,  in case I loose my job She and her family member will be the biggest looser (they have to maintain her and my 1 1/4 yrs old kid, while I will be in Jail).Also I do not have any assests with me.

Will any action will be taken on my complaint !  I do not want to go in for fighting any cases..  I just want to inform the local police,  because it may help me in getting bail incase the file false cases.

 

 

 

 

 

 

 

Dharmesh Manjeshwar (Advocate/Lawyer)     09 July 2009

Mr. Sameer, If you do file complaint with the local police station then it is obvious that some action/investigation will be done by the police ....... chances are that all the persons whom you have alleged against may be called to the police station ..... n from there things might turn more sour ...... but this has to be done and you have to face all this ...... this is for your own benefit since you fear that you may be falsely implicated by your wife and her family members .... this first step has to be taken by you ..... the other option would be to make up with your wife and her family members

1 Like

Himanshu Prabhakar (Advocate)     09 July 2009

Dear Sameer,

I totally agree with Mr. Dharmesh Ji, but on the other hand i dont overlook your fear of being falsely been rope in a criminal case. For this i suggest that you file a divorce case and mention your fear of being roping you in a false criminal in the petition, purpose of this is only to be a part of legal procedure and advantage is no action will be take on it and your purpose is also served. 

Sm........ (SR. EXECUTIVE)     09 July 2009

Respected Members,

Can I File Non Conginizable Report in my local police station, I learnt that in case I file "NC" then Police will not take any action.  

in the above report i will also mention that If any false cases is filed against me or if they try to beat me then divorce is for sure.

Please through some light on above matter.

Regards

Sameer

 

 

V.S.R.Deekshitulu (B.Sc, B.L)     09 July 2009

Mr Sameer

There is nothing like a Non-Cognizable, report. Cr.P.C says about Non-cognizable offence only. Your report contains that your brother-in-laws are issuing threats to you life and limb. It should be necesssarily by telephoning to you or coming near to you. Ref Sec. 506 IOC. File a complaint to the police then they will investigate into the matter. I feel that it is better to implicate your wife also becasue she is no shorter than her brothers in this regard.

Basing on your complaint the police will call your BIL's. Then every thing can be worked out. also have an eye on serving a notice to your wife to come and join the matrimonial home

Bye

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1 Like

Sm........ (SR. EXECUTIVE)     09 July 2009


 

Dear Deeksh*tulu,

I think you did not read my original post wherein I summrized mycase    (my wife is staying me now)...

one of my friend has sugested to approach local police staton and told me to request the Police to register my  complaint as "Non Coginizable Report"   it is equivelent to FIR.

 

Sm........ (SR. EXECUTIVE)     09 July 2009


 

Dear Mr. Deeksh*tulu,

I think you did not read my original post wherein I summarized mycase    (my wife is staying me now)...

one of my friend has sugested to approach local police staton and told me to request the Police to register my  complaint as "Non Coginizable Report"   it is equivalent to FIR.

 

PARTHA P BORBORA (advocate)     09 July 2009

someer. if u file a case at any P/S police is duty bound to take action. but if u apprehand that ur in laws may assult u or if there is any threat given by ur inlaws u may file an application U/S 107 of the Cr.P.C. agaist ur inlaws. in this situation police will not arrest ur inlaws but they have to submit a bond before the ex. magistrate. so pl discuss the mattee with a local criminal lawyer as soon as possible.

1 Like

Sm........ (SR. EXECUTIVE)     14 July 2009

Respected members,

Two days back i have submitted a written complaint to local  police of my area...  and got the duly stamped & signed acknowledgement (mentioning date time & Dairy No. etc.) .  (wherein i have mentioned the threat of possible physical abuse and   threat of implicating me in false dowry of dv cases  by my wife and her family members. And if any miss happening occurs to me all these persons (as mentioned on that letter) should be held responsible.  I have also requested not to take action at this point of time  but if there is physical abuse from their side or if they implicate me in  false cases then divorce is for sure..) 

Now what should be my next course of action.

As I told you in my original post that ,  presently my wife is residing with me hence I  can't Divorce her till she is with me..   otherwise there are chances of physical abuse..  Hence I have no option but to wait till the time she leaves for her maternal home (on any occasion etc.)

Since I am Muslim (Hanfi Law Applies).. whether I should approch a "Qazi "  or  Divorce her by sending Divoice deed and notice thru a lawyer.

This is sure once I divorce her there are strong changes of physical abuse against me..

Regards

Sameer

 

 

 

 

 

 

 

 

 

 

 

 


(Guest)

NANDKUMAR B.SAWANT.,M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.NO.09325226691, 09271971251

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com.

REGARDING THE MATRIMONIAL DISPUTE KINDLY NOTE THAT

1.YOU AND YOUR WITE AND ONE YEAR OLD SON ARE STAYING TOGETHER. IT SHOWS THAT YOUR MATRIMONIAL RELATIONS ARE STILL EXHISTING .

2.YOU AND YOUR WIFE ARE QUARRELING FREQUENTLY ,MEANS THERE ARE SOME POINTS WHERE YOU HAVE DIFFERENCE OF OPENION. AS YOU KNOW INDIA IS A DEMOCRATIC COUNTRY AND ALL EDUCATED PEOPLE HAVE FREEDOM OF EXPRESSION.YOU KINDLY TAKE IT SERIOUSLY AND TRY TO FIND OUT THE REASON OR QUARREL. IT SEEMS THAT YOUR WIFE AND YOU HAVE A SON OF ONE YEAR OLD. SHE MIGHT BE NEEDING MEDICAL HELP OR SOME FINANCIAL PROBLEM OR OTHER PROBLEM MAY BE THERE.AS A HEAD OF THE FAMILY   YOU DISCUSS THE PROBLEM WITH HER WITH PATIENCE.AND TRY TO FIND OUT SOLUTION FOR THE PROBLEM.

3. AS PER YOUR LAST POST YOU HAVE ALREADY FILED A COMPLAINT TO THE POLICE STATION. KINDLY NOTE THAT  POLICE WILL CALL ALL CONCERNED IN THE POLICE STATION AND RECORD THE STATEMENTS OF ALL AND WILL  WARN ALL OF KEEPING PEACE. KINDLY NOTE THAT THIS WILL  FURTHER CREAT PROBLEMS .

4.I SUGGEST YOU KINDLY FILE A COMPLAINT IN THE CHIEF JUDICIAL MAGISTRATES COURT BY MENTIONING ALL FACTS AND NAME ALL PERSONS WITH ADDRESSES WHO ARE THREATENING YOU TO ABUSE, BEAT AND KILL.(SECTION 504, 506 ,34 OF INDIAN PENAL CODE) .COURT WILL HEAR YOU AND WILL ISSUE PROCESS AGAINST THE PERSONS NAMED IN YOUR COMPLAINT.THE POLICE OFFICER AND CONCERNED POLICE STATION IN YOUR AREA WILL INVESTIGATE THE MATTER AND RECORD THE STATEMENTS OF ALL PERSONS NAMED AS ACCUSED IN YOUR COMPLAINT AND SUBMIT THEIR REPORT WITH ALL STATEMENTS TO THE COURT.

5.KINDLY NOTE THAT POLICE EVEN CAN ARREST THE SAID PERSONS /ACCUSED AND PRODUCE THEM BEFORE THE COURT IN CASE COURT HAS ISSUED PROCESS UNDER SECTION 156 (3) OF CRIMINAL PROCEDURE CODE.

6 IN CASE MATTER GETS SETTLED THEN YOU CAN WITHRAW THE SAID COMPLAINT AT ANY STAGE OF HEARING.

7.BUT I SUGGEST YOU BETTER TRY TO SORT OUT THE MATTER WITH YOUR WIFE TO AVOID FURTHER MENTAL TENSIONS AND INVOLVEMENT IN MULTIPLE CROSS COMPLAINTS WHICH WILL RESULT IN LOSS OF MONEY AND LOOSING PEACE OF MIND. MOST OF THE PRESENT ACTS ARE IN FAVOUR OF MARRIED WOMEN . KINDLY NOTE.

KINDLY SEND DETAILS IN CASE ANY FURTHER HELP IS REQUIRED.

WITH BEST REGARDS TO YOUR FAMILY AND FRIENDS.

THANKING YOU

YOURS SINCERELY

NANDKUMAR B.SAWANT.,M.COM.LL.B.(MUMBAI),ADVOCATE

 

3.

1 Like

Ziaul Haque Ansari (Advocate)     05 August 2009

Mr. Sameer, if your marriage is registered under the Special marriage Act then u can approach the appropriate District Court for Divorce or if your marriage is not registered or it is registered under the provisions of personal law then you can approach the QAZI for divorce.


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