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Saanvi Kattakwall   20 January 2019

domestic violence by in laws

My inlaws file domestic violence case on me with forge signature of my wife on complaint. My wife did not even know that any case has been filed against her husband but my inlaws has good position in police, they are high rank police officer and now pressing my wife not to go to police station for any statement. They call the police at home and record the statement on behalf of my wife they also filed missing complaint of me and threatening me to kill
They also taken my wife, s mobile phone
Police is not helping they just record what my inlaws says
What should i do
Can I appear before any court and ask for justice
Can I file amy case against my inlaws directly in court because police is not registering my complaint due to position of my inlaws


Learning

 5 Replies

Vijay Raj Mahajan (Advocate)     21 January 2019

Domestic Violence complaint filled by in-laws on behalf of the wife will ultimately come in the court for prosecution either as criminal complaint case under section 498a IPC or under the PWDV Act and for all purpose the wife will have to appear in the court for her statement to be recorded on oath. At that time the cross examination takes place and found out if the complaint filled is correct for domestic violence or fake done by in-laws, till that time until wife is living with her parents nothing can be done.

Saanvi Kattakwall   21 January 2019

Should I take anti sepatery bail and how much time it will take in reaching court

Saanvi Kattakwall   21 January 2019

Is there any NGO or media person who can help in this matter please guide me

Martin S.   21 January 2019

Originally posted by : Saanvi Kattakwall
My inlaws file domestic violence case on me with forge signature of my wife on complaint. My wife did not even know that any case has been filed against her husband but my inlaws has good position in police, they are high rank police officer and now pressing my wife not to go to police station for any statement. They call the police at home and record the statement on behalf of my wife they also filed missing complaint of me and threatening me to killThey also taken my wife, s mobile phonePolice is not helping they just record what my inlaws saysWhat should i doCan I appear before any court and ask for justiceCan I file amy case against my inlaws directly in court because police is not registering my complaint due to position of my inlaws

On what context they filed DV case on you.

Why your wife is with her parents.  All this is shabbily described.

You take my suggestion, the judiciary system is flawed to the core.  And you want to file case on your in-laws.  If you get some crooked lawyer, he may give ideas how to file fake cases on your wife, in-laws.  But you will have to find such lawyer. Your tail is caught and you want to fight with opposite parties.

Your marriage is over, you end it soon by taking divorce from your wife, if they want divorce, just agree and find someone else.  15-20 years only life of a married life of any person, already you entered court scene.  These cases will go on for 10-20 years easily.

You will feed a bunch of lawyers before giving up fighting.  So much flawed is the system.

 

Dont waste time of your life in court.  Take mutual divorce and end the matter now, if you want to save your life and your parents well being.

Dr J C Vashista (Advocate)     22 January 2019

In-law's have no locus to file police complaint. When your wife is with you let them bark.

Complaint u/s 12 of the PWDV Act, 2005 can not be accepted by police, recheck if there is some truth in your story, which is, otherwise hypothetical question.


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