kumar (Desg) 14 August 2013

Wife filed complaint in womens cell

Hi,

I got married in Feb 2012, after that in a month my wfe started quaralleing for often with my parents and i stayed in a seperate house , even after that she continued her arguments.In July 2012 I had to got onsite and asked her to come and she did not come there . Though we were talking on phone , all we do is argument and fight and in July 2013 i stopped answering her calls fed up of this. And now she filed a compliant with womens cell. Can you please advice how can I be on safe side an save my family . How do i fight this.Women cell police called me to come back to india.Can they arrest me or my family members if i go there? Can she file a divorce or harrasment case , because she hardly stayed with me for 2-3 months and less than a month with my parents can I defend myself with these points.

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2 Replies

fighting back (exec) 14 August 2013

Hi,

Womens cell complaint is the first step taken towards filing of 498a, you can expect the 498 and DV bomb anytime, womens cell are formed for mediation between parties, since she approched the cell first, it is considered that she was in trouble and therefore she has landed in the womens cell to sort out the issue with her, the cell will call both of you for mediation and give you dates each month for settlement of diffrences. they hae counsellors to sort out the differences, if it fails, then on advice of DCP level police officer, and with consent of your wife, an offence will be registered under 498a, which is a criminal case, from your post, it seems you are abroad, you better hire a local seasoned lawyer for your case, before 498a is filed, becuase after failing to turn up for mediation and if it fails, you will face arrest along with your family members,a nd therefore you need to apply for anticipatory bail, for all this running around, you need to hire a lawyer right now, the womens cell will force you to give statements, which you should strictly avoid, and only in consultation with your lawyer take futher steps.

all the best

vijay (M) 14 August 2013

How can a woman's cell recommend filing of 498a ??? this is stupid. 498a is for harrassment for dowry, and a woman's cell jurisdiction is not for this recommendation. no law says you have to attend mediation. if one does not want to mediate, it is his own sweet will.