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Mohd. Iqbal Ansari (DIRECTOR & CEO)     25 February 2014

Caw, dv, fir, arrest,????

I am a Muslim, 59. My first wife,50,  has complained to CAW, south Delhi for Domestic Violence and return of stree dhan etc after having been married for good 32 years and wants an FIR, as she is not interested in any kind of conciliation etc. She refuses to live with me any longer nor she is allowing me to enter her house, which I had purchased in her name. In fact I have been literally driven out of my matrimonial home and not the other way round, which may please be noted. Further, we have been living together in our above matrimonial home since 1995; and I have not visited not allowed in the same for the last  two and a half years.

Actual provocation being that I married the widow of my brother two and a half years ago. My brother died of cancer five years ago leaving behind him a son,12, and a daughter,9. They were living at our native place, whereas I longwing my wife and four adult children were living in Delhi.

Not ready to accept this my first wife has allowed me to return to our matrimonial home in Delhi forcing me to live at my native place with my now second wife and her children. After  two and a half years now my first wife has filed cases

  • in Family Court for maintenance,
  • for an interim relief and medical expenses etc in the court of Metropolitan Magistrate,
  • and also complained for DV in CAW.

After CAW or PS files an FIR, will I be arrested? If yes, what should I do to deal with the situation?

Kindly help me by advising suitably please.

Regards,

 



Learning

 1 Replies

Adv Archana Deshmukh (Practicing Advocate)     25 February 2014

You have invited the trouble yourself. Though legally muslim law permits 4 wives, but no woman can bear  the idea of sharing her husband with some other lady.  Now that you have self created the situation,  face it. A case under domestic violence act won't attract any FIR or arrest. Try to pacify your wife thru the mediation of some relatives if possible. For legal matters, you can consult a local lawyer.


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