FIR + Divorce settlement
Querist :
Anonymous
(Querist) 10 November 2009
This query is : Resolved
Dear Experts,
My friend had filed a FIR last year against her husband. Now the police have asked her give a written statement. I am not sure what this is about.
Anyway, my friend does not want to continue with the case. She also does not have any witnesses other than her 12 y.o. daughter, whom she does not want to drag and expose to the court/police etc.
She wants to withdraw the FIR, through some kind of compromise, but her husband wants to go to the court. This information (that the husband does not want a compromise) has been given to her by her lawyer, who I think is really not doing much to get my friend out of the mess she got my friend into. And we are very perplexed as to why the husband would want to continue the case, when it would be in his interest to come to a compromise and get the FIR sqashed.
What do you think he can do against my friend?
2. Another question is: the husband is asking my friend to give him their 6 y.o. son. He does not want the daughter. My friend is afraid that the husband may somehow take the boy away. So she has kept her whereabouts secret. She is happy to take the children to meet him, if he desires, but does not want him to know her home address etc. Is it an offence not to disclose her whereabouts?
The husband has also said that he would not give any maintenance for the children. The lawyer says that he must give maintenance by law. However, who is going to make him pay every month? My friends is so tired of this, that now she says that she does not want even the maintenance. But she cannot live without some financial support. When she came out of her husband's house, one kind relative took pity on her and gave her a small room to stay, and helped to put the children in a charitable school. But this will not last long.
This is a dreadful situation. Please give us some advise.
adv. rajeev ( rajoo )
(Expert) 10 November 2009
If ur frnd dnt want to continue with the case then she will have to give the statment beforethe police that she doesnot want to continue with the case/
She can file a petition u/s 125 of Cr.P.C. to get the maintenance from her husband. She can also seek her share in ancestral properties of her husband thru., her son and daugther.She can also file a case under DV Act.
Up to 7 years child will be under the custody of the mother after that her husband can seek child custody by filing suit in the court.
but the supreme court decesion is that Mother is the proper guardian of the child who takes much care than father.
Tell ur frnd to take courage
Querist :
Anonymous
(Querist) 10 November 2009
Thank you very much, Mr.Vadrali.
If she withdraws her case from the police, can her husband file a 'defamation case' against her?
When can she file the petition u/s 125 under Cr.P.C.? Should she file for this when she files divorce papers? Is it part of the divorce proceedings?
Thank you for your help.
Raj Kumar Makkad
(Expert) 10 November 2009
Becuase FIR has been lodged so matter is not in the hands of police rather it is now the in the court. So if your friends wants to withdraw this criminal case, she can do only by becoming hostile during her statement. So far maintenance is concerned, DVA and 125 Cr. P. C. both are available for her. Children shall remain with her.
Querist :
Anonymous
(Querist) 10 November 2009
Dear Mr. Makkad,
Could you please explain to me what "becoming hostile" mean? I am sorry, I dont really understand what she is supposed to do. Will there be any negative impact on her. Can she get out of this court case without any further hassles.
I am asking these questions because there are no men to speak/act on her behalf. Neither does she have any financial support. She is terribly afraid of the consequences.
Please help. Thank you.
Sachin Bhatia
(Expert) 10 November 2009
A hostile witness is a witness in a trial who testifies for the opposing party or a witness who offers adverse testimony to the calling party during direct examination.
