Shrc
Mustafa Bhat
(Querist) 31 January 2014
This query is : Resolved
Respected Experts.
I have divorced my wife in 2009 as per Muslim Personal Law as we are both Muslim.Then cermonised second marriage in 2010.After that my ex-wife filled all sought of cases FIR for 498A & 406 in 2010 which is under trial in court,Mainteness Petition for our minor baby as she her self is a Govt empoly, the case was decided with monthy payment of 2k which i am paying regularly.RCR in 2010 which was dismissed by court.Case in Womens Commission were she got some recommendation to my boss for dis- plenary action for Biagamy at my back.Departmental enquire.
In 2010 she also filed similiary case in SHRC which pending for disposal from 2010,They got some report from DGP were in it is mentioned that The FIR for 498A & 406 is existing against me,In DGP report it is also mentioned that i had illicit relation with the my second wife because of which i used to torture my first wife which is totally wrong.When i saw the report of SP of my ex-wife district wherein it is mentioned that" It surfaced from the compliant & witness of the compliant that Non-Compliant had illict relation with the Lady(My second wife)"
Plz advise what is the reliability of such were in i was never asked anything nor called by the said SP.
The Member of SHRC says only DGP report is against U,while as It is all fabricated.
What should do will this SHRC case as it is pending from lost 3 years without any reason even though i have an FIR for 498A & 406.
Advocate. Arunagiri
(Expert) 31 January 2014
Whether the SHRc has registered the case and you got the number?
Isaac Gabriel
(Expert) 31 January 2014
Humanrights act cannot be invoked in this case as there is no case here.
Mustafa Bhat
(Querist) 31 January 2014
Respected Sir,
I was summoned by SHRC in 2010 & from 2010 i am continuously attended hearing,i have at least one hearing after every 40 to 45 days,the member of SHRC get irritated if i donot attend the any hearing.
Plz advise what should i do to get rid of this case.
How should i explain to the member that SHRC has no rule in it.
And what abt that DGP report which they sought from DGP.
Is there any Judgement which can help me.
Plz & Plz guide me Respected Sir's
Biswanath Roy
(Expert) 01 February 2014
Engage any local lawyer experienced in Constitutional Law and file a petition against SHRC for harassment and denial of Natural Justice and get it admitted by the High Court and there after make it out of list for long and thus freeze the hearing of SHRC for an indefinite period.
T. Kalaiselvan, Advocate
(Expert) 03 February 2014
I would opine that better engage a lawyer and contest the case against you in the SHRC, in that you can file a petition before SHRC to summon the DGP for examining his reports filed against you before the SHRC and also can cogently cross examine the complainant on the basis of the false and adverse reports by DGP, you stand to win the case on merits if the said examinations help to surface her ill-intention courtesy the false reports.
