gaurav (teacher) 04 May 2014

Police not taking action in dowry case

My sister has been deserted by her husband for over a year. There is a dowry case registered on which police is sitting for over 6 months. they are not taking any action at all. Boy's side has bribed them well.

There is also a maintenance case running in court since Jun'13. There is not much progress in case and court has directed it to the mediation recently. (Mohali)

Experts, please advise on the following:

1. Is there any way of forcing police to take any action ? Can court issue orders to police for any action ?

2. Regarding maintenance, does it takes this much of time or our lawyer is misdirecting us ? Any way out for speedy maintenance as my sister is not working and has a 2 year old kid to take care of.

Many thanks in advance..

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7 Replies

Arvind Manghirmalani (Advocate High court Bombay Trained mediator 91-9869617090 9594255075) 04 May 2014

1. You can approach criminal court and file application under section 156 of criminal Procedure code and Magistrate will give order under section 156 (3) to order to police to register FIR. In case, FIR is already registered, you file RTI enquiry to ACP of your area and proceed accordingly. you can also approach Commissioner of Police with written request stating all facts and enclosing all letters and correspondence given at police station. In case, your problem with regard to police is not still resolved, then approach High court in its writ jurisdiction.

2. courts in India are over busy and you can not blame your advocate. take advice from another advocate after showing your file.

3. try mediation which is available in most of courts.

4. involve/ take guidance of your community leaders/ social workers in resolving issues between husband and wife.

Biswanath Roy (Advocate) 05 May 2014

Perfect and appropriate advice of Mr. MANGHIRAMALANI follow his advice.

(Guest)

Running whole life for penny of maintenance from her adamant and reluctant husband will not do any thing good in your sisters life better go for amicable talk and take mcd from him. As child is minor so custody will go to his mother. Anyhow the child is heir of his fathers property so no need to worry. Just think over your sisters life, she is young and could again settle in life. Dont make her life hell by resending in such relationship where no space for love and trust exists.

Its my personal opinion but rest depends on you.

Good luck.

dv (ghvhb) 05 May 2014

Agree with sufferer. .. Peaceful settlement is better than years of litigation where in the end everyone looses Think beyond the small picture

T. Kalaiselvan, Advocate (Advocate) 07 May 2014

In the maintenance case, there is an option for interim maintenance, ask your advocate to file a petition for interim maintenance until th main petition is disposed. As advised by others, if there are chances for amicable settlement in either way, you may try for that option too for an expeditious result.

Adv k . mahesh (advocate) 08 May 2014

here you have not stated is your sister is working if she is working court will grant maintenance to her but to kid court will grant

and as said by other why not have a talk with them for Mutual consent divorce which is fast and also you sister can ask for alimony for her

Karthik S (Software) 11 May 2014

Dont spoil your sister life running behind for few thousand rupees per month. She will be happy if she goes for job and take care of her kid than taking money from her husband...