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Vany   29 September 2017

Women cell complaint copy procedure

Hello myself vany I and my 2 years old daughter had driven out from my matrimonial house by my husband( under influence of one elder sister in law) and in-laws. Within few days they had filed section 9 case with false things and later another against my parents, brother and my brother's wife ( my brother recently got married). And i got to know about these cases after 6-7 months when I got call from SSP office regarding complaint against me. Waiting for more than 7 months and Now I have also filed complaint in women cell. My husband had filed RTI to get copy of my complaint. I just want to know is it permissible for police department to issue the copy of same? I have requested in my complaint to keep it confidential as I have fear my sister in laws will harm me and my daughter. Please help. My in laws already have two divorces in their family. And mother in law like the concept of getting married twice because she believes second marriages are lucky for them. And as one of my sister in laws is from law background she knows everything how to mislead others. I have sufficient proofs against my mother in law and sister in laws but I do not know about proceedings in legal matters. Please help. Worried for my daughter's life.


 19 Replies

Kumar Doab (FIN)     29 September 2017

CAW CELL TO GIVE COPY OF COMPLAINT

Central Information Commission

Mr.Ritesh Suri vs Delhi Police on 17 August, 2011

 

https://indiankanoon.org/doc/130269568/

1 Like

SUNIL KUMAR (apprentice)     30 September 2017

Copy of complaint can be had by RTI. Consult a reputed family matter lawyer of your city In addition to complaint you can also file case under sec of 12 domestic violence act. Maintenance under sec 125 of Crpc
1 Like

G.L.N. Prasad (Retired employee.)     30 September 2017

This is your qurery:  I just want to know is it permissible for police department to issue the copy of same? I have requested in my complaint to keep it confidential as I have fear they will harm me and my daughter. 

The husband is an affected party and you have alleged he has done some thing, must not he has a right to know what you have alleged, and how he can counter that, without knowing the allegations.  The investigating officer must serve such copy of complaint, as he is affected party, and should submit his version.

If he wishes to harm you, he should have done during six months.  A complaint is not a confidential document.  Even if you file objections under Sec.11 of RTI Act, the final discretion to disclose the information rests on Public Information Officer.  Not providing such information is against principles of natural justice and even God has not punished ADAM without seeking his version .

When relations are strained, do not spoil it more with these wild allegations of danger on life etc., as by killing a wife, he can not get any reward and gets life imprisonment and loss of reputation and prestige.  Once he gets divorce as you liked, he can remarry and can lead a peaceful life.  Any man considers which is proper and always choses best options.   When a complaint is filed, the suspicions are already on him in record, can he like a fool venture against your life ?

Think cooly, and get what you want as per law, but avoid misrepresentation to Police and courts.

1 Like

Vany   30 September 2017

Thank you Mr. G L N Prasad for your so kind words. All men don't think like you do. According to you all women on earth are here to allegate men. But that's not the case. I want my daughter to be with her biological parents all her life. I am struggling for that. Please don't generalize everything according to your perspective. I haven't said he will kill me or try to kill me. It's just I want my daughter to get her right to be a DAUGHTER.

G.L.N. Prasad (Retired employee.)     30 September 2017

Madam,

Sorry, 

Members do not know each other, we do not have perspectives, and while responding, we should always argue by stepping into the shoes of opponent, to justify our stand.

We do not have perceptions.  We never generalize any thing.  Keeping in mind the arguments from your husband the reply is given basing on your query as follows:

I have fear they will harm me and my daughter. Please help. My in laws already have two divorces in their family

May be I may not be knowing the meaning  of 'harm' and may be wrong in not presuming that because there were already two divorces in their family, that family is interested in more diverses.

I stop here as I could justify the standing of authority in providing copies to affected parties as per law.  No personal comments as query was answered.

Vany   30 September 2017

Thank u so much Mr G L N Prasad. Your view and explanation is highly appreciated. I respect each individual point of view. As you know every individual be it husband or wife can't write their whole story here on social forum. For me in present situation your words was little harsh for me. May be I have written casually about my problem here. It doesn't mean I am wrong. I got my answer in first reply to my post. & Regarding what I have written : I have two divorcees sister in laws..I am afraid of them not of my husband actually...according to my mother in law second marriage in their family is more successful..yes these women can harm me to any extent. I don't want divorce. I want things to be sorted soon. Without legal things and all. #AllWomenAreNotMis-usingTheirRights Thank u again for your valuable time. Regards Vany

(Guest)

They throw you out.  They call you back by filing sectoin 9 case.  You file complaint on them in police station.  Either they are mad or you are mad. or the entire story is false and concoted.

Enjoy joke of RIT.

Vany   30 September 2017

Adv Raj Malhotra: you predicted it right. Thanks for your valuable time for writing such great words.

SHARAD CHANDRA DANEJ (Asstt. Manager)     30 September 2017

Mrs Vany,

Your husband has every right to take the copy of the complaint so that he may be able to give reply to your complaint. This is nothing unusal in legal parlour. As you said you have proofs that your in-laws are wrong, so you need not worry. Take services of a good and sincerely family lawyer and (if you donot want to live with your husband) claim maintenance u/s 12 of  Protection of Women from Domestic Violence Act 2005 and sec 125 of Code of Civil Procedure 1973. You can also file a criminal case, if so, under sec 498a of IPC against your husband and in-laws.

By way of maintenance you can claim sustenance for yourself and your 2 yr old baby, for accommodation and for education of your baby. 

 

 

1 Like

Kumar Doab (FIN)     30 September 2017

Originally posted by : Vany

Thank u so much Mr G L N Prasad. Your view and explanation is highly appreciated. I respect each individual point of view. As you know every individual be it husband or wife can't write their whole story here on social forum. For me in present situation your words was little harsh for me. May be I have written casually about my problem here. It doesn't mean I am wrong.

I got my answer in first reply to my post.

 

& Regarding what I have written : I have two divorcees sister in laws..I am afraid of them not of my husband actually...according to my mother in law second marriage in their family is more successful..yes these women can harm me to any extent. I don't want divorce. I want things to be sorted soon. Without legal things and all.
#AllWomenAreNotMis-usingTheirRights
Thank u again for your valuable time.

Regards
Vany

 

Dear LCI Querist @ Ms Vany,

 

You have posted that:

I got my answer in first reply to my post

For other queries since you want to child to be with both biological parents Visit Secretary Dist. Legal Service Authority in nearest court complex. They provide in person guidance and Free Legal Aid in deserving cases per criteria.

You can also read about it e courts website of your city...............

Principle Judge may be the Chairman.

 

You may also involve elders of your family, well wishers and try to speak to your husband.

Both of you can move out and stay together with your child.

 

 

1 Like

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING)     02 October 2017

well advised by experta
1 Like

Kumar Doab (FIN)     03 October 2017

Thanks for agreeing Mr. Jeevan Patil.

Anamika Vichare (Practising Lawyer)     03 October 2017

If you say your husband has filed s.9 petition, you should immediately file pursis to the COurt with effect that you want to join matrimonail home as you say that you were driven out ?

 

Vany   03 October 2017

@Anamika Vichare : they have filed two cases one is for section 9 and other with various allegations of cruelty with them by us under section 323,504,506,452. & in both complaints they have written two totally different stories...can on this basis those filed cases be dismissed? we have not done anything wrong with them.

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