Guidance required

Dear Ms.Vishakha,

The police officers are under a mandate/duty to register the FIR whenever anyone approaches - and information given discloses an offence committed against the person. Your FIR should have been registered. You can pursue your earlier complaint and get registered an FIR on the same. IF the local POlice station doesn't listen to you - then complain to the ACP of your area, and if that also fails to give results - you can approach area magistrate for a direction to register FIR. 

In matrimonial cases - normally after receiving complaint a woman is referred to the Women Cell of her area where Husband and his family members are called - and an attempt at reconcilliation/settlement - for or against marriage is made. 

You can get protection order and restraint order under PWDVA, 2005.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Police complaint and DV act is entirely different.  You can go for both the cases.

Dear Vishakha

no need to worry, you should file a criminal case agaisnt your husband for cruelty and threating, if police is not ready to registered your FIR then file a criminal complaint before magistrate u/s 156 (3) crpc. as per my opinion the limitation is one year to file a domestic Violence case and you have crossed that limit so don't think about DV Case, file A Criminal Complaint.

feel free to call

Dear Ms.Vishakha,

No need to worry at all.

1.      First try to loadge an FIR against your husband for Sec 498-A & 506 of the IPC. The police officers are under a mandate/duty to register the FIR. IF the local Police station doesn't listen to you - then send your written complaint via Registered Post to SP/ACP of your area,( Provide you proof of Complaint to Pollice) and if that also fails to give results - you can approach area Magistrate for a direction to register FIR u/s 156(3). In matrimonial cases - normally after receiving complaint a woman is referred to the Women Cell of her area where Husband and his family members are called - and an attempt at reconciliation/settlement - for or against marriage is made. If the matter fails to settle then, your husband will face the criminal trial. He will be sent to the judicial custody and is required to get bail from the court. You can request the court put a condition of not interfere in your life till the matter is pending in his bail order. If he violates that condition by threatening you etc. then his bail may be cancelled.

2.      Secondly, file a complaint under PWDV Act – 2005 and you can get protection order and restraint order against your husband. Violation of this order makes him liable for the punishment provided under the Act. The main difference between FIR and DV Act is that proceeding under DV Act is Quasi criminal in nature mainly aims to provide effective & fast preventive relief to the victim of Domestic Violence. The offending party is not send to custody unless he violates any of the preventive/ protection order passed under this Act. As he is still giving threat to you, the offence becomes a continues one and you are fully entitled to get the benefit of DV Act and not barred by one year limitation.

3.      If you successfully contested the above cases, it will provide you a clear defense in any divorce proceeding case if filled by your husband against you on ground of desertion on your part. In this case you will be justifying staying apart from your husband on basis of cruelty by your husband.

4.      You have already given the complaint in the Women Cell of your area, now they call him in the police station and try to solve the matter by reconciliation/settlement in your presence. In future, it will also help you in both of your case if you choose to file.

Now my husband has affair with another girl

u can also book him for adultry u/s 497 IPC, if u have proofs of his relations with other lady.

As i am not willing for divorce he threats me ...

try to settle the dispute. 

whats the use of dragging the relation ! the marriage seems already broken.

agree with Amit only

criminal complaint = harassment of both the parties !

Wife can not put a case of Adultery Amit.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Thank you all for your valuable suggestions.

so what i understand is i can not file a case of domestic violence as we have been separated since more than 1 year.

Harrasements from my husband and his relatives are now stopped as I have approached to women police station. Now he conveyed that he wants to live with me. but i dont want because i know his intentions.

so what should be the nest step now?

Thanks.

why you want to live with that man who desert you for someone else, go for divorce in mutul consent. you can never force to your husband to fullfill his duty.I don't think women cell councling does help.

Regards

Hemant

hkjain47@gmail.com

Ms. Visakha,

You understood it wrongly.  There is no such limitation of one year to file domestic violence case from the date of incident.  The DV Act gives several reliefs and one of them is to give protection from the spouse and relatives of the spouse.  As already such harassment stopped, you need not to file DV case right now.  The DV Act further provides the relief of maintenance for the wife and children, medical expenses and educational expenses, compensation in certain circumstances and residential orders and also protection orders etc.

If you do not want to stay with your husband, you need not to stay with him.  It is your prerogative. If he files restitution of conjugal rights case asking the court to give you a direction to stay with him, as you hae got reasonable cause to stay away from him, the courts will accept your prayer if you want to stay away from him.  If you do not want to give him divorce, you need not to give. A man who wants to get advantage of his own wrong, he shall not be awarded with mutual consent divorce, is my opinion.

As you are not being harassed at present, you need not to take any action at present. 

@chandu, why is there no limit of 1yr from day of DV incident. The max punishment is 1yr so it has to be filed within 1 yr.  Plz explain ?

respected all,

plz clarify my doubt that is thereany limitation to file a D.V.Case and is it applies 468 of Cr.P.C.