Radhakrishnan (BPO) 06 July 2010

Advice required

I have applied a divorce under the section 13 cruelity of my wife. Based on the divorce copy recieved from the court, she have given a false complaint to the women police station. My lawyer suggest that you be escape from the situation and we willl take antibail for it.

The problem here is my wife made a dramatic act at the police station as want to live with me which i never want to beleive it. Based on the hearing from my wife, they are not putting a FIR. Already we have applied anti bail that case was dismissed. Now we are hiding and how to pressure the women police to put an FIR so that we may apply antibail again to come out of it.

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2 Replies

Adv. G. A. Gagdani (ADVOCATE AND LEGAL CONSULTANT) 07 July 2010

well what i understood.

you have got divorce order from the court.

now your wife has launched an FIR, that she wants to live with you.

your wife have not filed any appeal to other higher court.

My friend my suggestion is:

Any police dont have any power over the court order,

As if even they have registered FIR against you on the ground that you have got false divorce order etc...

Police cannot do any thing. Even if police acts on that FIR, police persons will be subject to penalty.

"As Judge is above Police, Judge can order police but police cannot interfear on the order of the judge"

Correct me if i have not understood your problem.

Regards,

Radhakrishnan (BPO) 07 July 2010

sorry sir . I have applied for divorce through court. First hearing is 13th of this month. In the meanwhile she gone to police station to file an complaint against me on dowry act as a vengence.

The situation is that women police is not filing an FIR for the past twenty days. she is searching for us. Already we have applied anticipatory bail for the petition given by my wife. The Anticipatory bail also dismissed for that petition.

Their intention is to catch us and register an FIR and put in the jail. I discussed with lawyer also they ask us to hide in someother place till they file FIR. Today i discussed with lawyer he said as a high court judge is woman she will not accept for insisting to put FIR through high court. kindly suggest me .

to present in the police stationput in the jail i beleive.