I understand that you’re facing a complex legal situation, and I’ll do my best to provide some guidance.
Mahila Ayog (also known as the National Commission for Women) is an organization in India that deals with women’s rights and issues. It is not a court, but it has the authority to address complaints related to women’s rights and gender-based discrimination. Here are some points to consider Mahila Ayog’s Role:
Mahila Ayog has the power to investigate complaints related to women’s rights violations, including cases of domestic violence, dowry harassment, and other gender-related issues.
While it doesn’t replace the court system, it can independently inquire into matters and recommend actions.
Court Proceedings:
Your ongoing divorce case in court is separate from Mahila Ayog’s proceedings.
The court’s decisions are legally binding, whereas Mahila Ayog’s recommendations are not enforceable in the same way.
Challenging Mahila Ayog’s Actions:
If you believe that Mahila Ayog’s interference is unjust or unwarranted, you can take the following steps:
1 - Seek legal advice from an experienced family lawyer. They can guide you on how to handle both the court case and Mahila Ayog’s proceedings.
File a Counter Complaint: You can file a counter-complaint with Mahila Ayog, explaining your side of the story and providing evidence to support your claims.
Attend Mahila Ayog Hearings: Attend the Mahila Ayog hearings if possible. Explain your situation and present any relevant evidence.
Politely request they don't recommend a 498A case based on the existing legal proceedings.
Challenge the Jurisdiction: If Mahila Ayog’s actions seem to overlap with the ongoing court case, you can challenge their jurisdiction. Consult your lawyer on the best approach.
498A Case:
The 498A case (related to cruelty against a woman by her husband or in-laws) is serious.
Challenging the Potential 498A Case: Collect documents related to your ongoing divorce and your wife's absence from court hearings.
• If you have any proof that she left voluntarily (e.g., messages, emails), keep those too.
Continue attending court hearings for your ongoing divorce case and consult your lawyer about the 498A case.
Remember that the court’s decisions take precedence over Mahila Ayog’s recommendations.
Legal Representation:
Engage a competent lawyer who can handle both the court case and any proceedings related to Mahila Ayog.
Provide your lawyer with all relevant information, including details about your wife’s appearances in court and her recent actions.