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Pawan (Others)     28 April 2012

Divorce related

Hi,

 

I have a friend of mine who is married but has some issues in his maritial life.

Now the girl wants divorce and he is against it. His father in law is threatening to kill him if he doenst give divorce to his daughter. They have actually filed false cases against him and got him arrested. Later he was given an option by the police that if he signs on the mutual divorce papers then they would withdraw the cases against him.

As he did not have any other option he signed on the MCD and the case is pending with the court.

Meanwhile they have withdrawn the cases against him in Lok Adalat.

Now my friend does not want to get divorced and he wants to speak tot he girl and get things sorted out before the case comes to hearing but the girl, her father and the SI who was dealing the case are warning him not to speak to his wife. When he tried emailing her once she informed her father and he made the SI call my frined and warn him. Now when he told he is not willing for divorce her father said he would file DV and 498a against him if he would not give her divorce. My friend is very emotional and he was scared of losing her and if he tries to retaliate he and his family might face issues with false 498 and DV cases so he tried to end his life. He commited suicide but luckily he is safe now and is in hospital recovering. Now his parents wants to know if they can file a case against the girl and her father as they have forced him to commit suicide. Is there anyway that the girl and her father can get punished for pushing him to commit suicide.

What are his options for not divorcing her and also not being booked in fales cases and being troubled.

Please advice on what he needs to do now.



Learning

 1 Replies

Adv. Chandrasekhar (Advocate)     28 April 2012

Understand that he has attempted to commit suicide and there suicide hasnot committed.  It is itself an offence.  So forget about this episode for the purpose of incriminating wife and her relatives.

If he does not want to give divorce, the first step he should take is to move an application before the court where MCD is pending withdrawing his consent.  This MCD petition will be dismissed.

Immediately, he shall file a complaint in the police station narrating entire incidents and apprehending false criminal cases against him.  In addition to this, if girl's parents and relatives take any step which is described as offence, he can file complaint in the police station and if no action is taken on that, he can approach Magistrate directly.  If he has any particular genuine greivance against any police official, he can complain to that official's superior authorities for initiating departmental enquiry against him for misusing his official position.  If the higher police officials will not take any action, he can file writ petition in HC for appropriate direction.  But for all these, boldness is required.


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