• Appearance before the Special Police Unit Women and Children - Delhi

Me and My wife got married in the Year -2011(Jan) and my wife lived with me for a very short span of 33 days. that to in two broken span of 14 days first instance and then 19 days. Every time she went to her parents house. She did not return for over 40 days. I personally went to drop her and pick her every time through flight. The last she went back in the pre-text of attending the retirement function of her parents and never returned. 

Now after 7 years she has filled a compliant with SPUWAC -cell against us that she was treated as maid, we are cruel, etc.... all false allegations and wants divorce on mutual consent and also wants to extort money.. for no fault of us. She is been pushing hard for this money as marriage expenses. We have never agreed and also requested to come back to the matrimonial home. She never showed any interest. 

For the last 7 years trying our best to bring her back.. and sufficient letters where also send. However no response. We also came to know the she discretely applied for higher studies and from 2011 to 2013 she pursued regular MBA Course that and also got employed in a Multi National Firm.

 Now after close to seven years she filed a compliant with SPUWAC -cell in Jan'2018. We also filed a petition under Sec 9 ( R O C Rights) however she did not attend a single hearing before the court and applied for transfer petition in Supreme court. While the matter is with Supreme Court. The SPUWAC -cell is not willing to hear nor willing to understand . They say they are not bothered about anything. 

They have the compliant is received and you either accept for Divorce with Mutual Consent and tell what is money you can give. If not we will file an FIR and further harass you. We have not taken a single thing as dowry or money except the gift which her family distributed a reit in the form of cloths. There is no Mens voice being heard in SPUWAC -cell. It is one way communication and even if are at no fault you are harassed/ 

Please suggest what can be done under such circumstance. The SPUWAC -cell are not willing to hear anything even there is no fault of us. 

Under which authority the SPUWAC -cell comes and how men should safe guard them selfs from such bodies.
Asked 7 years ago in Family Law
Religion: Sikh

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5 Answers

See if for reasonable amount if the matter is settled and you can go for mutual divorce then you can opt for same further if they are asking for exorbitent amount let police file FIR you dipose before police in written that you both are not in domestic relationship from last 7 years and she has been intimidating for exorting money for the divorce. 

Further in case FIR is lodged file a quasing before the high court and get same quashed.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1) objective of cell is to help parties arrive at reconciliation 

 

2) if reconcilation fails or parties are not willing for mutual consent separation then FIR would be filed against you 

 

3) you can apply for and obtain  anticipatory bail from sessions court 

 

4) contested dowry harassment cases  take 10 years to be disposed of 

Ajay Sethi
Advocate, Mumbai
99977 Answers
8160 Consultations

1) In women cell you can mention that you are ready to take home and you want to live happy married life with your wife.


Don't give divorce at any cost otherwise you will have to pay huge amount as alimony or one time settlement.

File case against wife that she has deserted you. U/s cruelty and deserted of HMA. So it will be safe from your side. 

Neverever mention that you have forced her to leave the matrimonial house. All your family members wants that she should stay with you all.

for further assistance you can contact me. It very long procedure to fight like this type of battle.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Dear Client,

Police has no such authority to compel for compormise otherwise FIR will file. It`s perfect abuse of process and power.

Don`t panic and say them straight - you are no fault and false FIR.From seven years you never met.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

You better obtain AB from district court or high court and then challenge the FIR with so called false allegations, in the trial proceedings.

 

The police cannot do anything if you obtain AB, they may call you for investigation, which you attend regularly.

 

It is not necessary that you have to accept their demands/instructions.

 

If the police  still force you on this then you may send a legal notice to them to refrain themselves from indulging  in such activities which are illegal and that they will face consequences accordingly if they dont stop indulging in such activities.

 

T Kalaiselvan
Advocate, Vellore
90179 Answers
2506 Consultations

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