LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

dipak (engg)     23 July 2014

498 / dv help req.

I got married 2 years ago and having one year old son too.

my wife was violent and abusive since starting.she used to threat me to fulfill her wishes. she spent half of our married life time at her parents home as she used to go there every month or so.No of times we have had family meetings and after her mama assurance we agreed to continue just like that in a hope of better future of all of us.But situation never became healthy and she started beating me also and I was compromising on all fronts to save family.

Now my wife is staying with her mama ( she lost the parents before marriage )   since last 5 months when she left from my home. On 22nd  Feb’14 she make big drama and  late night her mama and 3 other members including her Jiyaji, 2 other persons who says now that they are caretaker of her family, get her along with them & lodge NC against me , My mother and  My sister.

I filed a complaint in my police station stating the facts what happened last night and requested to do the needful .

She lodged one dowry-harassment complaint against me and 5 other family members at Social Servies Cell Mumbai Police , Mumbai after one week and we got telephonic information to be present on a date. since then I have attended 3 meetings at cell . in second meeting my wife has ready to join my house but suddenly she demanded separate house in third meeting which I was refused. And she ask police to forward her compliant to local police station for further Action.

 

Meanwhile on lawyer's advice, I filed RCR. First date is 20th Aug’14. BUT when I got a call from local police to visit the police station and during visit I came to know she is ready to join my home but she will not take back any compliant from Social services cell Mumbai neither NC against us. Also note that till she has not filled FIR against US.


Now I would like to know :

1.The legal actions which I can take to safeguard me and other family members so that our innocence can be proved .
2. How RCR would help me.

plz advice.

Dipak



Learning

 3 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     23 July 2014

RCR is vogues thing and view of judges also vogues in RCR. It will not help at all.

 

Please lodge a FIR against her in the local police station and let the police to investigate on it. Please take certified copies of the entire report and file a petition U/S 144 CrPC "Power to issue order in urgent cases of nuisance or apprehended danger" against her by annexing copies of all those reports to be in safe side. Please read each of my posts in the following links carefully. You will get your answer.

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104930&offset=3#.U8_qAUCm9dg

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg


https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg


https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     23 July 2014

As per my understanding, RCR is a waste of a case in defence of 498a. Please find enclosed my artcle on the same: 

 

https://www.lawyersclubindia.com/forum/Why-not-to-file-restitution-of-conjugal-rights-43385.asp#.U8_uc9JnanA

 

Now that the case is about to be lodged against you, better prepare for Anticipatory Bail.

 

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     24 July 2014

Dear Querist

if you are willing to live with her then RCR is better option but if not, then  file a divorce petition before family court u/s 13 (1) of Hindu Marriage act if both of you are Hindu and the marriage was solemnized as per hindu rites and rituals. if she filed any case against you after the divorce case then her case will be consider as counter blast case.

if the FIR has been registered then file Anticipatory bail will be better option.

Feel Free to Call


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register