Improper police response
Mawiya
(Querist) 08 August 2017
This query is : Resolved
Sir,After 498A FIR,no chargesheet,Mutual consent divorce ,agreed by both parties.Written consent of Withdrawal.Now the accused party not responding to release me from wedlock delaying divorce papers.I did not receive case closure notice.After requesting the concerned officer CI through influential CI's ,I was told that they will call the accused party persons but yet no response from concerned officer even though 4 times we have been to him since 2months.He said they were busy couldn't talk to accused party. Can I approach to Higher official ie.,Commissioner of Police for their improper response.?
Ms.Usha Kapoor
(Expert) 08 August 2017
Yes! you can approach higher official/commissioner for delay in closure report. Also you can file a criminal writ of Mandamus in Highcourt seeking directions to police to expedite section 498 A case closure report..If you appreciate this answer please click like button.
Ms.Usha Kapoor
(Expert) 08 August 2017
If you appreciate above answer please click like button.
Mawiya
(Querist) 08 August 2017
Ma'm .I like to metion that ,as per the agreement the accused party were denying to pay the amount initially unless police intervened.After receiving money police asked us to take notice of case closure ,but we said still the ddivorce papers are to be received(the accused party wanteddly delaying ).Is it wrong on our part.?The police is blaming us now that you did not take notice what should we do.Case has been closed.But again we requested concerned officer to call the other party and ask for ,for which he said They(accused) will complaint against us ,we cannot do like that.Case has been closed as per your written consent.Iam worrying that the police may turn against us if we approach to commissioner.
Rajendra K Goyal
(Expert) 08 August 2017
FIR has been registered, in such case the agreement terms has to be recorded before court.
If other party is not ready, you may also withdraw.
P. Venu
(Expert) 08 August 2017
No police authority, however high, is not authorized to grant divorce.
Dr J C Vashista
(Expert) 09 August 2017
Your grievance is against the inaction of police or in-laws/husband. As I could make out from the circumstances explained by you is more a complaint of police personnel for "not assisting" your divorce from husband and least concerned with the main issue of "divorce", isn't it? I fully agree with expert opinion and advise of Mr. Rajendra K Goyal and Mr. P Venu, police has no authority to render any sort of help in this (divorce) case.
I am not asking/begging/compelling you to press "like" or "unlike" button, even if you may appreciate or depreciate my opinion/advise, it is purely your personal wish.
Be clear in your mind and approach a local prudent lawyer for proper appreciation of facts, guide and proceed.
Mawiya
(Querist) 11 August 2017
yes my grievance is against a police officer not assisting in getting divorce papers though the agreement was made before incharge case officer.Can I lodge a petition against the responsible person of the agreement who is not responding to settle the issue?
Mawiya
(Querist) 11 August 2017
If yes,what category the petition has to be assigned?
state police website provides this opportunity online.
Kumar Doab
(Expert) 12 August 2017
Subsequent to pots of Mr. Rajendra K Goyal, Mr.P.Venu, Dr.J.C.Vashista......
As in your last post if the police website provides for an online opportunity in such matter, take help of local person and avail it........
Kumar Doab
(Expert) 12 August 2017
Or approach your own local senior very able counsel of unshakable repute and integrity specializing in Family matters...
