bharat 24 February 2016

Wife's false alligation even the divorce is n d court

Sir/Madam,

I have applied for divorce.Still she is staying in my govt qtr.I m unable to send her out by force in fear of polioce case and secondly because of threatening from their side.I was providing grocerry and all the things.But when I denied to provide anything she left my two child in the office and went away.After that i took my children to my parental home.For which she went to the ladies police station and complained that i took the children forcibly..THE police called me through mobile phone and and asked the details.I told everything.The police is now telling to forget everything and compelling me for reunion which i dont want at all because shehas tortured me a lot.....I m staying alone now but police is telling and threatening me that if i will not be agreed they will put me behind the bar. 02.03.16 is next date for reconcilation in the family court still they are thretening me.I have asked 5 days time to go again to the police station and give my decsion.SO waht should i do.I f i will not be agreed according to thier words than weather they can arrest me ..Or tell me the way in which i can save my self and my job(govt)..

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6 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 24 February 2016

The police are merely trying to harass you . There is no law which permits the police to arrest you without the registration of an FIR. Even to conduct a preemptive arrest , police has to show a huge cause . Unless there is an FIR against you don't worry . Proceed with full force with your divorce case . If you could tell me which city the situation is in , I can give you a better idea of what the police procedure is .

Vijay Raj Mahajan (Advocate) 24 February 2016

Police is nothing but khaki vardi goondas. There is a divorce case filled in the Family Court by you, there is no question of any other authority to interfere in the due process followed by the Family Court. On next date (02.03.2016) of court hearing make a personal complaint to the presiding officer/Judge of the Family Court about the harassment by Police on the basis of her false allegations and seek order from the court for the Police to keep away in the matter as it is sub-judice matter and the interference by police will amount to contempt of court.

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bharat 24 February 2016

I am in Berhampur in Odisha.....Should I go on 28.02.16 to the police station because they have given me time to tell my decison.One advocate suggested me to switch off the mobile phone that day and dont go.If they are giving a notice then u go for that we can file a anticipatory bail in HC.But I can't understand what to do.I m the only earning member in my family.My father is a physically handicaped person.They are in fear.Please suggest me waht shall i do...

saravanan s (legal advisor) 24 February 2016

no need to go.another thing is since you are in government service even if you have are accused by someone for commiting a cognizable offence against you the police cant straightaway arrest you without conducting preliminary enquiry.so act according to adv vijay ji advice