Divorce
Querist :
Anonymous
(Querist) 25 August 2011
This query is : Resolved
Hi,
My brother's wife is living away from him from last two and a half year. She filed for RCR after my brother filed for a divorce. court gave permission to my brother to meet his son but as his wife didnot let him meet his son, we filed contempt of court against her. She went to the women cell after it but there were no chrges proved against my brother after the investigation.Now she has filed 498a against all the family memebers. Please suggest what should we do???
M.Sheik Mohammed Ali
(Expert) 25 August 2011
very simple she is falsely made complaint that against me so quash the complaint tell that before the court.
prabhakar singh
(Expert) 25 August 2011
The case is false but once FIR lodged it will proceed,anticipatory/and/or regular bail requirement ,if charge sheeted,even trail.Prsue with I.O. and bring facts in knowledge of the court.
Querist :
Anonymous
(Querist) 25 August 2011
Thanks a lot..Contempt of court is still pending in the court. their was a hearing on 20th august in which her lawyer demande 40000 rs as maintainance whereas her own salary is 45000 rs.thy filed 498a on 18th august nd did nt infrm us
Sankaranarayanan
(Expert) 25 August 2011
your explanation is little confused, first the lawyer (wife's council ) demand 40000 .
more over 498 filed by ur wife on 18th and u said it will not informed, then how u came across that u been compliant u/s 498
ajay sethi
(Expert) 25 August 2011
as far as visiting your son is concerned you have visitation rights . she cannot refuse you permission to meet your son .
if she has filed 498A against your family members you can move court for anticipatory bail
Querist :
Anonymous
(Querist) 25 August 2011
We got a call from women cell last evening.
but it was filed on 18th august already before the hearing of maintenance on 20th august. We are also not able to understand what does she want?? We asked the court to gv us the custody of child for one day as it is his birthday on 27th august. we want to celebrate his b'day in an orphange either on 27th or 28th.We went to attend this hearing + maintainance on 20th whereas complaint was already filed in women cell on 18th august. now women cell has called all of us to appear on next tuesday. We are arranging for AB.
Querist :
Anonymous
(Querist) 25 August 2011
Dear All,
I will re narrate the sequence of incidents
1. Wife left husbands house approx 2.5 - 3 yrs back.She delivered baby boy in Aug 2009
2. All efforts were made from Husband side to get them reunited but everytime girls side threatened us.
3. Finally we filed a divorce petition under section 13 at our home town narrating how the wife is not letting him meet the child and another incidents of cruelty and money extortion demands from her side.
4. She filed section 9 in her home town
5. She then filed section 24 and demanded 40000/- for child and herself and also disclosed that her salary is 45000/- but husban is earning around a lack per month (which is absolutely false)
6. We filed for child's custody under section 26, custody was given to mother with a visitation rights to husband
7. First meeting with child was trouble free but on 2nd meeting their family members including her created a scene and did not allow the husband to meet the child with the specified time limit decided by court.
8 Husband went to nearest police station and narrated the story, wife and family members were called but no conclusion was made.
9 A DDR copy of the incident by IO was obtained and then on that basis Huaband filed contempt of court in next 2 days. Showcause notice was issued by High Court with an order ton strictly adhere to lower court orders of visitation rights.
10 Being afraid of being implicated in false cases Husband did not go to meet the child and is waiting for High court decision on police presence and security
11. after 15 Days of the above incidence wife files a complaint at Women Helpline, Husband is called for investigation and investigation report is clear with NO allegations of manhandling being proved against boy. The women cell refers the investigation report and SP files the same on 17th Aug. On 18th Aug wife goes and files a complaint of dowry and maltreatment against boys family in special women cell. A telephone call is received by Husbands family day before yesterday in this regard to appear before the cell in next 10 days.
12. Meanwhile, Husband has moved an application in court for one day custody as the child birthday is in this month. This along with section 24 is pending for decision.
I seek your advice and expert comments to deal with this another false complaint made to women cell and further Please.
