Plz help me, need urgent advice on filing FIR
Querist :
Anonymous
(Querist) 05 February 2011
This query is : Resolved
Myself , married in july 2010.
My mother in law has thrown me out of her house within a month of our marriage, my husband didn't help me at all, my MIL completely controls him and my husband is scared of his mother, and my MIL doesn't want me back, from the last 5 months iam trying hard to save my marriage, tried counselling, sent messages, phone calls emails, but no response. my MIl is forcing my husband to file for divorce and get seperated from me, she keeps saying him the same, i got to know this from my husband's relatives. My MIL is not ready to listen to any relative , she is adament to break this marriage. My MIL has harassed me alot, and i think she wants dowry but she is not saying directly on my face, moreover she curses me whole day that her son is handsome and she did a mistake that she choose me.
Atlast i had to file a maintenance case under 125 crpc. Summons were issued, my husband accepted the summons, and when police went to their house with summons, my husband and inlaws told them that they will appear in court and they don't have any problem in accepting me back. And they had signed the summon papers and gave the summon copy to police. Then on the following date of hearing , my husband & inlaws didn't came, they were absent. Altough their home was locked, and they had told their neighbours that they are going for a case hearing. Before that he had escaped from accepting the summons, by tricks, and due to this my case dates extend, and i keep going to court . 2 hearings havebeen passed. But now i think they are cheating & fooling me. From last 5 months iam trying so hard to save my marriage but now i feel these people are just cheating me, iam shattered . They just don't want to come to my place in court or accept me back, and now after all this i cannot stand my MIL, because she is a threat to my marriage. They are inlficting nasty alligations, iam getting disgusting calls on my landline, from pco's abusing and all.
Now i want to file a PWDVA & i also want to register F.I.R, for F.I.R i have ample proofs, and consent from police station ( From city- where my husband resides) in written that i should file FIR against my husband. Because i know he will continue to make me fool and won't appear for PWDVA summons also, as they are constantly cheating me. So i will file FIR, Now i want to ask what happens after Filing FIR, can my husband still escape himeslf from appearing in court even if i file an FIR ???
He will be arrested or not ??? please tell me
Plz plz plz reply, i need help. plz
adv. rajeev ( rajoo )
(Expert) 05 February 2011
You are unnecessary worrying about your husband and MIL appearance in the court. Dont wait for their appearance, let them be absent and you proceed with the case. If your husband and MIL remained absent then you will get an ex parte order which can be executed by filing recovery petition, in which arrest warrant also will issue. Then your husband cannot escape. You can also attach his salary so directly maintenance amount will come to the court from his office.
Regarding DV you do the same thing.
Guest
(Expert) 05 February 2011
Section 125 case will not get you the full relief what you want as the section is meant for only providing maintenance.
You file PWDVA case seeking the relief of shared household and protection orders (especially protection from unwarranted telephonic calls, sms messages) and need be maintenance alongwith interim maintenance. In this case also, if husband and in-laws choose not to appear, the matter will be proceeded ex-parte in your favour. If you get shared household, you can be put in a part of matrimonial home with the help of police. If husband and inlaws create any obstructions in complying the orders passed in PWDVA, by mere filing of your affidavit, the court will issue arrest warrant against them. I suggest that PWDVA is a better and convenient procedure than filing a complaint in the police station for registering FIR under Section 498-A of the Act,as this may erase any chance for reunion of the husband and wife at a future date.
Uma parameswaran
(Expert) 05 February 2011
File under Protection of women from domestic violence Act. What Expert . Prabhakar told is right. You will get permission to stay in your matrimonial home.
Guest
(Expert) 05 February 2011
If you are really interested in restitution of consugal rights please reconsider about FIR , it will be better to apply for protection order under Protection of women from Domestic violance Act.
Querist :
Anonymous
(Querist) 05 February 2011
Thankyou everyone. Filing RCR won't help at all, because my inlaws & husband is just not responding. Mentally iam suffering like hell, iam shattered i want my husband back, and want to live with in a seperate house, but iam losing all faith. I think my MIL will never let that happen. Their intension is just not good.
Suppose i file PWDVA and still my MIL & husband doesn't come and i get an exparte order of shared house, and after that if my husband files for divorce then what ??? what will happen then ???
Querist :
Anonymous
(Querist) 05 February 2011
The main problem is, when summons are send to his city, he escape by his tricks, and then the summon comes without signing to court, or it doesn't reach to court, and then the case get extended for next date. Whenever i go to court this same story is their, and i feel digusted. My lawyer said that till the court gets the copy of summons with signature from him, till that time their cannot be Exparte decision or no arrest warrant. This is the reason i have become helpless.
I need to ask one more thing, how should i file for PWDVA ??? i mean through a lawyer or directly through protection officers ?? Which one is more fast procedure ???
Uma parameswaran
(Expert) 05 February 2011
File through protection officer with the help of a Lawyer.
Querist :
Anonymous
(Querist) 06 February 2011
Thankyou Uma parameswaran mam.
Querist :
Anonymous
(Querist) 06 February 2011
And if my husband files for a divorce then what will happen ???? kindly tell me.
And what is FIR , i want to register FIR on harassment basis, because my husband has cheated me before this,and he is not accepting me & is breaking this marriage without my fault,he has plans for remarriage. he is just not telling his intension properly.
1) If i file FIR will my husband be arrested immediately or after investigation ????
2)And after filing FIR ,if the case reaches to court, will i have to appoint a lawyer or court will provide me a lawyer ???
Devajyoti Barman
(Expert) 06 February 2011
1. Immediately or after investiation depending upon the choice of the police.
2.Yes ,you can.
Querist :
Anonymous
(Querist) 06 February 2011
Thankyou verymuch Barman sir.
Thankyou everyone
