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ram sharma (Software Engineer)     08 October 2013

Urgent advice regarding fir

Hello Sir,

Thanks for your valuable advice and suggestions till now...

Sir,, i want like to ask you that as i already told you that counselling failed and so now was the stage of FIR... But till now after 1 month of failed counselling no FIR. although i have taken 3 days notice bail.. but now through person at police station i got news that before FIR DSP at Women cell wants to have counselling of both parties before FIR....

1. if i was called should i go or not?

2. as earlier told you that i have before marriage chats of my wife should and i show them and say that she was having affair and so she is having problem living with me??? i'm a little worried on this point because if as you were saying before marriage affair if not continued that it is not important.. and if on that she raise that i'm defaming her... can she do that? also what would be my reply then?

3.. as i take this advantage as till now no FIR so might be they found her case to be wrong so they are not filing FIR.. otherwise its 1 month now and still no FIR even counselling failed and no talk till now????

4. is this procedure that before FIR DSP take counselling? 5. and what would i say infront of DSP as earlier i told you that i don't want her anymore in my life as she filed false complaint.... should i say no clearly or ask for time????? my lawyer suggest me to ask DSP to give her guarantee in written that in furture is she died then she will be responsible and not me and my family as lawyer said that she will never be ready to give this is written...... is this right strategy??????


 6 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     08 October 2013

You should attend counselling. DSP would make last ditch effort to try bringing conciliation or for mutual consent decision.


One month delay is not because of your such allegations, rather it is because the mediation takes such time.



Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.
1 Like

ram sharma (Software Engineer)     08 October 2013

thanks for your advise..... sir, but i'm not ready to take her back and she on contrary not ready for divorce so what to do??????

Laxmi Kant Joshi (Advocate )     08 October 2013

1. Yes you should attend the counselling with DSP. 2. Affair before marriage doesn't count , if it's continue after marriage only then you can blame her , in the court you have to prove her illicit relationship after her marriage, if failed to prove then she will take benifit of cruelty upon her & also file a case of defamation against you. 3. Nobody will give you any such guarantee as you are desire from DSP , its give wrong impression and it shows your malafide intention. 4. speak clearly to the DSP that you don't want to take her home so please send the matter in The court.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     09 October 2013

Then fight the case on merits.


If suitable grounds for divorce exist, you may file for divorce yourself.



Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

Ganesha Nam (SE)     14 October 2013

Hi Mr.Shonee,

I was reading this forum and i have a question. Correct me if im wrong , FIR can be filed only after preliminary investigation right:

Can they call X to come to police station and then tell you have 498a filed against you and it is dated 2 months back? What should be the next steps in situation like these. 

"The Criminal Complaint under section 498A I.P.C starts with registering F.I.R with the local police with the Police officer of the Rank of Deputy Commissioner Police level who before actually registering it shall first get the matter investigated, if there exists any real substance or evidence with regard to act of cruelty as complained by the wife or her parents etc shall register the F.I.R.

After the F.I.R. is registered the parties involved as accused can seek Anticipatory bail from the court to prevent any arrest which otherwise too will not be done after recent amendment in the Criminal Procedure Code.
The proceedings in the court begin only after proper charge sheet/challan filled by the Police and at that time the accused person and the complainant are required to be present during the court proceedings in the court."
Please advise.

Mayank Kumar Advocate (EAST DELHI)     14 October 2013

yes, Ganesh nam cleared all. it is enough to explain it

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