Hi! , I am a married man with almost 6.5 years of marriage and a 3 years 10 month old daughter. My parents live with me , my wife is very aggressive and turns a little argument to a big fight , in anger she will slam doors , abuse and call names.Many times in anger she would threat us to go out of house neither to her parents but some where else and many time has gone out of house,keeping every else worried. Even a little suggestion on daily chores or any other thing by my mother is marked a "torture". When my daughter was born my wife was working and my mother used to take care of her , my daughter would even sleep with my mother at night who thought to give rest to her daughter in law , this happened till she left her job and after that this was also raised as an issue that we did not let the child sleep with her at night , now she has literally threatened her to not to go to her grandparents's room . We had an argument recently and she is at her home now , i fear she might lodge a false complaint of dowry or domestic violence against me and my parents as she has mentioned the same many times in anger , is there any proactive method so that in this case we are not instantly arrested and put behind bars. Some one told me to lodge a complaint in near by police station for the same , how good a remedy is this ? and if i do it i don't want her to know about it. Is it possible ? is there any thing else that i can do ? Please help !!!
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1) file an NC with local police station of wife constant threats to lodge false case of dowry harassment against you and your family
2) also mention that she abuses you and your parents daily
3)your mother can also file NC with police station about her DIL violent aggressive behaviour
4)these NC filed with police station will help you in case wife files false cases of dowry harassment against you and your family
Hello Sir , Thanks a lot for such a quick response. In case of false dowry or domestic violence are the accused arrested instantly ? or would there be any notice or time given for mediation.Would a NC be effective for this?
As per recent supreme court court judgment every complaint under Section 498A received by the police or the Magistrate is referred to and looked into by Family Welfare Committee.
The committee may give its brief report about the factual aspects and its opinion in the matter. Till report of the committee is received, no arrest should normally be effected.
Some one told me to lodge a complaint in near by police station for the same , how good a remedy is this ? and if i do it i don't want her to know about it. Is it possible ? is there any thing else that i can do ? Please help !!!
A- You should file a NC against your wife in written in the police station of your area stating that your wife is threatening to file false cases against you and your family.
Your lawyer can convince them to just acknowledge it and not take any action for the same. Also get a copy of the complaint stamped by the person accepting it and keep, it for future references.
For any other doubts, feel free to call.
Regards.
there is no automatic arrest
2) police has to issue notice under section 41 A cr pc to record your statement
3) there is no anticipatory bail in UP
4) you can file petition in HC seek stay against arrest
See first of all first quit method would be try resolving dispute with your wife.
Secondly you and your parents can file a Non Cognizable complaint with police about regular intimidation and threat of filing false cases, her behaviour, produce any evidence if you have for same.
See it would not be a blanket protection but yes this will protect.
Further there are no direct arrests in the matrimonial cases, first the police call for settlement and then the matter is referred to family committee.
Further if she alleges false cases on you the burden of proof is on her to give evidence to same effect.
Sir in case of matrimonial offence 498 A domestic violence dowry there is no instant arrest. You will get time for mediation also along with that for applying for Anticipatory bail also for that in UP you have to file a writ petition before high court to seek direction from high court that police shall not take coercive action against you,
Firslty, sir I advice you to not to wait for her to file these many cases as once if she has done this though you won’t be getting arrested very soon but not so late also then you may be applying for regular bail or Anticipatory bail.
Secondly, you please file RCR as per Hindu marriage act, this would show the world that you really want her back in your life.
Thirdly, if she comes then we’ll and good otherwise if she doesn’t then you can use this as a ground against her complain if any either at the stage of regular bail or Anticipatory bail, would be a good add up for you to win the battle.
Fourhtly, file divorce case also after all these if happen to you.
Until she initiates any legal action including dowry harassment complaint, you cannot take any legal steps against her, because the police many not take such complaints very seriously especially when it comes from the male side.
You have no option than to wait and watch the development and then take preventive actions after that.
In case of false dowry or domestic violence are the accused arrested instantly ? or would there be any notice or time given for mediation.Would a NC be effective for this?
You will be summoned by the police for inquiry before a FIR is registered against you.
You can file a NC against her for the threats she poses.