Complaint for domestic violence
Kunwar
(Querist) 16 March 2015
This query is : Resolved
Dear Experts,
My wife has filed a complaint in local police station regarding domestic violence for which Inspector has called me in Police station but i have not visited yet because of residing in other state due to job. In this regard our case is already pending in court that is i have filed RCR in July 2014 in reply of this my wife filed domestic violence case against me in September 2014. Since then only date is given by the court and only reply for the allegation were submitted by the both the parties. 1 year of marriage is completed on 8 March 2015. So my question is that what can i do in this circumstances because as per telephonic conversation between me and police inspector he is insisting me to take her back on the base of RCR, but due to quarrels and other things between me and my wife our relation should not be restored so i don't want to take her back. So please suggest me what can i do in this regard specially what reply i should give to inspector and what could be my next step.
Devajyoti Barman
(Expert) 16 March 2015
Since RXR is pending ask her to make re entry in your home through court only in which event you can have a written understanding to take her back.
The police has nothing to say in it nor can it force you take her back.
Adv. Sagar R. Jadhav
(Expert) 16 March 2015
You must address letter to police stating said facts on record. Police cant force you in the absence of any order from any court and also proof of letter will b with you for your future.
Adv. Sagar R. Jadhav
(Expert) 16 March 2015
You must address letter to police stating said facts on record. Police cant force you in the absence of any order from any court and also proof of letter will b with you for your future.
Rajendra K Goyal
(Expert) 16 March 2015
Since the complaint of domestic violence is against you, if FIR is lodged, try to take anticipatory bail.
Try to have amicable solution and save the marriage if possible.
Kunwar
(Querist) 16 March 2015
Thanks to all, though one year is completed to my marriage what will happen if i file for divorce now i know the way of contested divorce is very tough but it is easier than living together in this relation because the things happened till now in our life will definitely create problem in future if we will continue. So if i file for divorce what actions she can take against me because she is only saying now that "if you have filed the RCR than take me to home" thats why i am thinking to take back my RCR application and go for divorce because i don't want to take her back..... Please suggest what to do, i am in govt job and i don't want to stuck in any cases......
T. Kalaiselvan, Advocate
(Expert) 18 March 2015
First pf all domestic violence case cannot be handled by police at all, see what is her complaint with the police, if the police have booked you under the provisions of 498a or dowry harassment act(?), the contested divorce will take many years to get disposed, see if you can reconcile with her and either settle with her or get separated by mutual consent divorce.
