@Author
See my reply for your questions:
Q.1) Can my friend write to the Womens Cell stating that he has no intention to take his wife back, and stop going to the (meaningless) meetings at the Police Station? What actions can the Womens Cell/Police/Court take in that case?
A.1) There is nothing that stops you in giving anything in writing to any govt. officer. However, it is expedient that you do not give anything in writing to anyone unless not adviced by a legal practitioner. Even if you are adviced, maximum they can do is lodge a complaint, might that contain false or true statements of your friend's wife, and proceed to act on the complaint as prescribed by the law. In such situations generally, if there are general statements of harrassment and there is no physical injury the police is not authorized to arrest husband or any other accused. But there are cases where they have arrested. So it is imperative that you have an informer in that police station who can inform you that there is a FIR lodged against you in the police station so that you can move to Court of Sessions to pray for Anticipatory Bail.
Such cases are registered under S.498a of IPC which is a non-bailable and cognizable offence which empowers the assigned police officer to arrest all the accused without any warrant. But there are direction of Hon'ble Delhi High Court which were passed by Hon'ble Justice Mr. Kailash Gambhir in the year 2010, that if in such cases the police officer wants tp go ahead and arrest the accuseds, he/she has to take due permission from the DCP of the concerned area. So in my view, you are not in the category of grave danger of arrest. But it might turn other side if the police offer has been gratified illegally by the complainant and he/she arrests all the accuseds despite the operating order of Hon'ble Delhi High Court.
Q.2) What steps can he take so that he is not pressurised/abused at the Police station?
A.2) The best step is to do mediation by appointing an elder of the family as mediator. Amicable settlement in this case would be bet suited for both the parties. Additionally, if such a mediator cannot be appointed, then you can move to a Court of Sessions to give you help for professional mediation. There are Mediation Centres setup by the govt. these days which have experts who can actually bring such cases to amicable settlement and this is generally helpful in most of the cases.
Q.3) Is there a necessity to take anticipatory bail on the issue?
A.3) As explained above, anticipatory bail has to be taken once the Women Police Station registers an FIR. But please note that no court can give anticipatory bail unless there is a FIR. Without registration of FIR, your petition shall stand unmaintainable. Remaining technicality has already been well detailed in my answer A.1.
Q.4) Would it be better if he waits for his wife to file for divorce? Is there any disadvantage to the husband if he initiates the divorce proceedings?
A.4) This has to be properly analyzed by an experienced and trustworthy lawyer. Such cases which are very tender and critical needs due diligence & circumspection. In my view, husand should not wait for the wife to act. Once the wife becomes complainant, it is the complainant who would be heard first by the court and respondant shall be given second opportunity. But if you take the initiative, it is very technical and let only an expericened lawyer take this decision for you.
Q.5) Generally speaking, what is the best way to handle the issue from now on?
A.5) Mediation & amicable settlement. Generally fate of such cases is that both parties are devastated and no on gets anything out of it. Only ego clashes bring cases to court and by the time the case reaches its logical conclusion, the parties get exhausted.
//peace
/Saurabh..V
