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galsober@yahoo.co.in (def)     11 September 2010

Outcome at woman cell

Hindu marriage happened >7 years ago. Wife moved to parents’ house n submitted application in woman cell accusing the husband & family in false 498a/406 case to settle scores. Husband already facing cruelty from her for long, and does not want compromise at woman cell which they are forcing. What are the normal formalities at women cell?

Ignoring the fact that wife has pulled the husband n his family in dangerous criminal offences in her application, women cell just wants compromise. If the harassed husband refuses any compromise, does it mean that woman cell will recommend FIR u/s 498a-406?

Does it mean that such applications carry only 2 outcomes- 1) compromise between parties or 2) FIR against husband?



Learning

 6 Replies

Hursha (Director)     12 September 2010

Hi,

1. You need not compromise at the Women Protection Cell.

2. Engage a lawyer you can trust IMMEDIATELY.

3. Even if the FIR is registered, there's nothing to feel threatened. However, do prepare for a harrassment,  perhaps a long harrassment from the investigating agency.

4. You can also lodge a complaint against your spouse at any Police Station for harrassment.

5. If you are living separately from your wife currently, be careful with your phone calls and other communication with her and her family.

Lastly, get a credible lawyer immediately. Always get him to talk/discuss with the police, instead of you front ending the conversation.

galsober@yahoo.co.in (def)     12 September 2010

hi! thanx 4 reply. husband has stopped talking to her/family on phone or otherwise. women cell ppl do not allow representation by a lawyer. my question for the time being is :

If the harassed husband refuses any compromise, does it mean that woman cell will recommend FIR u/s 498a-406?

Does it mean that such applications carry only 2 outcomes- 1) compromise between parties or 2) FIR against husband?

one thing more i want to ask- when a case is proceeded in women cell, who is the authority to finally note its outcome: the inspector incharge of cell or DSP or SP concerned or SSP.

With whoms marking FIR is lodged when application comes out of woman cell?

hope to get expert openions at the earliset!!

Hursha (Director)     12 September 2010

Hi,

1. Women Protection cell is not empowered legally to make compromises. These so called compromises always happen out of fear. That is the reason, you should have a trusted advocate with you always.

2. What do you mean that Women Protection Cell do not allow representation by a lawyer ? Having a lawyer beside you is permitted by law during questioning and also during interrogeration. If the Police officer is telling you anything different, he is bluffing.

3. The FIR is registered by a Sub Inspector or a Circle Inspector. However, once the investigation is started, the progress of the investigation and till the Final Report [Charge Sheet] is always vetted by a superior officer, usually a SP.

4. If you are being harrassed by a Sub Inspector or a Circle Inspector, you can always make your complaint against him to the Superintendent of Police of the DCP. However, the Police Department is generally very cohesive and they normally support their colleagues.

Using a lawyer and sticking to legal process is always the best way.

galsober@yahoo.co.in (def)     13 September 2010

Thanks a lot hrsha 4 replies.

1) Is it possible that woman cell fails to get forced compromise & still does not recommend FIR u/s 498a or 406 against husband

2) Wife is earning rs 25000pm, has returned child (age5yrs) to husband. Can she still manage to get maintainence from husband via court?

Gajender Singh (ca)     17 September 2010

yes, it is possible not to recommend fir in case no compromise is reached. if wife is earning, she can claim maintenance but she wont get it. and dont be worried abt fir. if u will be frightened, u will be a victim to the extortion racket of 498a and dv.

 

rgds,

galsober@yahoo.co.in (def)     18 September 2010

thanx


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