• Complaint against Me and My Family at the Child and Women Welfare Association

Got married on 25th May 2018, I am from Bangalore and my wife is from Badravathi (north Karnataka). Due to her illegal affair with college senior and not showing any interest in the matrimonial life I had filled a Judicial separation in the family court at Bangalore on 31st July 2018 and ever since Oct 1 2018 the case is going on in the family court and she has also been attending the mediation/counselling going on currently. But recently (16th Jan 2019) she has given a complaint on me and my family members at the Women and Child welfare association at Badravathi and I had got a complaint letter from there. They are asking me and family members to come there to attend the complaint, but the main intention to bring me and my family to Badravathi is threaten to kill or do harassment to us by her family members as she as a very good support at her hometown. She left my home on 30th June 2018 and ever since then there has been no communication or visiting from my end but she tried to give a complain on me at the local police station but they did not take the complain as the case was going on in the court. Also there has been no dowry harassment or domestic violence from me or my family members and she does not have any proof for the same. 

My question is that whether she can give such a complaint at her hometown, because they are saying if I do not attend it will lead to an FIR filling and case being filled in the court at her place?
Asked 12 months ago in Family Law from Bangalore, Karnataka
Religion: Hindu

She can given such complaint before the welfare board. Further under DV she can file a complaint before the police or magistrate at her he town there is provision for same so in case you fear personally going there file a detailed reply of the complaint cite ongoing case and earlier rejected complaint of her and pray for rejection of same.

Shubham Jhajharia
Advocate, Ahmedabad
22222 Answers
88 Consultations

5.0 on 5.0

Yes, as per law, she can give complaint at her home town. If you feel so, get one AB and let FIR comes to court, will handle. Otherwise, ask your lawyer to go to Police station and findout abouth the petition in details. Also you can give petition to commissioner of police about life threatening to you and your family.

G Suresh
Advocate, Chennai
390 Answers
4 Consultations

4.9 on 5.0

wife can file complaint in her home town 

 

2) you must attend at the women cell 

 

3) mention that on account of her affair you have filed  for judicial separation in Bangalore on 31st july 2018 

 

4) wife has filed present complaint as counter to harass you and your family members 

Ajay Sethi
Advocate, Mumbai
70894 Answers
4259 Consultations

5.0 on 5.0

- As per the law of the land , she has right to file any case against you or your family at any place , her matrimonial home town/parental home town or any other city , where she will take shelter. 

- In this situation , you will have to appear before the Welfare board , otherwise that complaint will turn into FIR against all the persons , whom she wanted to involve.

- You can engage any person on behalf of you to file the reply of the complaint , where you should mention regarding the fear of life.

- As you have already filed the case of separation against her , you must attach the same with the reply with the proof her illegal affair.

Dont worry , if she has illegal affair and not performing her matrimonial relation honestly, you will get separation from the court of law. 

Mohammed Shahzad
Advocate, Delhi
1431 Answers
23 Consultations

5.0 on 5.0

 

1. Here you did not mention the charges that she alleged on you.

2. She can file the complaint according to her residence, irrespective of at which place the crime was happened.

3. I suggest you to appear to the association along with your lawyer.

4. Seek the local court for the police protection.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

1. If you remain absent for consecutive 3 dates then FIR can be registered on the basis of her complaint.

2. So you can attend the mediation and to take care of life threat you can inform the police before.

3. Even if FIR is registered then also there is not much to get worried about and you can easily get bail and once bail is obtained not much will remain in the case.

4. You can raise the issue of lack of territorial jurisdiction by filing a quashing case in high court.

Devajyoti Barman
Advocate, Kolkata
18424 Answers
261 Consultations

5.0 on 5.0

Dear Querist

you may file an application for anticipatory bail under section 438 of Cr.P.C. and once a bail has been granted to you or your family, nobody can force you to attend the hearing, your counsel may represent you before the Court.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
5402 Answers
262 Consultations

4.9 on 5.0

She can file complaint in her home town against you. 

You can hire a local lawyer from her hometown he can appear behalf of you. 

Incase if your wife register FiR, You may file an application for anticipatory bail. 

Mohammed Mujeeb
Advocate, Hyderabad
13080 Answers
4 Consultations

4.5 on 5.0

If any incidents are happened there or if she stays their permanently then it's permissible else not. You can challenge the jurisdiction

Prashant Nayak
Advocate, Mumbai
15890 Answers
28 Consultations

4.6 on 5.0

1. It was earlier considered that  dowry harassment complaint u/s498A of IPC can be lodged at the place where   the cause of action arose i.e. where the harassment had taken place. However, rcently it has been felt by the Supreme Court that harassment is a continuous process which can extend to the place of the wife where she stays after leaving her matrimonial house. So, she can lodge the police complaint at Badravati also.

 

2. It will be prudent on your part to meet the police at Badravati   to ensure that no FIR is registered by the police based on the complaint lodsged by your wife.

 

3. If FIR is registered, all the accused shall have to avail anticipatory bail from Badravati court for which negotiate with the IC of Badravati police station to ensure that no FIR is finally registered based on your wife's complaint.

Krishna Kishore Ganguly
Advocate, Kolkata
23312 Answers
633 Consultations

5.0 on 5.0

Dear client.. u already filed judicial separation case in Bangalore family court..on the ground of adultery ( extramarital affair) .. so No worries.. 

But u should have solid proofs for her affair.. if u have then just inform to women cell / child welfare association.. that I  already filed case against her .. she is having affair with other guy.. and I have all proofs/ evidence for that .. now my case is in the court.. I can't come to bhadaravathi because she and her family members threatened me and my family members that they will kill us ... 

Kavery Anand Pandharpurkar
Advocate, Bangalore
307 Answers
11 Consultations

Not rated

It is advisable that you visit the concerned Police station and participate in the counselling session. Police will at this stage attempt to ease the tension that has built up between you and your wife and will focus to lead you both towards an amicable resolution/. 

Vibhanshu Srivastava
Advocate, New Delhi
8737 Answers
152 Consultations

5.0 on 5.0

In the current situation you have right to transfer the case from Bhadravathi. Your wife has filed this case only with the motive to harass you  therefore you should file a transfer petition before the supreme court and get the hearing of both cases at family court Bangalore. The parties in evidence of both cases are same therefore the supreme court will transfer the case from Bhadravathi to Bangalore on the ground of parity

Shivendra Pratap Singh
Advocate, Lucknow
5124 Answers
78 Consultations

4.9 on 5.0

Attend the WCA complaint on the date.

If there is something kind of threaten to you or your family then call to the police. Or  write down a complaint, and intimate to the police station about them !!

Chandra Shekhar
Advocate, New Delhi
18 Answers

Not rated

If you apprehend danger to your life by attending the case at her native, you may send a written communication to the authorities concerned expressing your fear once you appear before them.

Then you dont attend the hearing citing the same as reason.

T Kalaiselvan
Advocate, Vellore
60781 Answers
782 Consultations

5.0 on 5.0

Dear Sir,

Normally the Badravathi Police Station is not having any jurisdiction since matrimonial house situated in Bengaluru City. Even if they registered a FIR you can easily get stay of the same and get quash the same by approaching the High Court under Section 482 of Cr.P.C. In the meanwhile get issue a legal notice against the wife and put all your defences.

Kishan Dutt Kalaskar
Advocate, Bengaluru
4899 Answers
149 Consultations

5.0 on 5.0

Dear Sir,

 It is a jurisdictional error.  You may get stay easily on such written notice if any or else you may get stay after registering FIR.  

Netravathi Kalaskar
Advocate, Bengaluru
4315 Answers
22 Consultations

5.0 on 5.0

See filing false cases amount to cruelty with this and along with the other grounds you can contest the divorce and can take divorce. Further you cannot be forced to stay with her. 

Shubham Jhajharia
Advocate, Ahmedabad
22222 Answers
88 Consultations

5.0 on 5.0

The false criminal complaint if proved to be false by a court verdict may be considered as grounds for divorce on the grounds of cruelty.

 

T Kalaiselvan
Advocate, Vellore
60781 Answers
782 Consultations

5.0 on 5.0

Yes if it's false FIR that can be a good ground for filing divorce on ground of cruelty

Prashant Nayak
Advocate, Mumbai
15890 Answers
28 Consultations

4.6 on 5.0

you can file for divorce on the grounds of cruelty. 

Mohammed Mujeeb
Advocate, Hyderabad
13080 Answers
4 Consultations

4.5 on 5.0

Filing false 498A case amounts to mental cruelty and is ground for divorce 

Ajay Sethi
Advocate, Mumbai
70894 Answers
4259 Consultations

5.0 on 5.0

1. Ordinarily, High Courts accepts quash petition only after charge sheet against the accused mentioned in the FIR is submitted by the I.O.

 

2. However, if it is proved that she has lodged a false complaint against you, it can be considered as an act of cruelty on you shown by your wife for which you can file a  divorce suit  against her on the ground of cruelty.

Krishna Kishore Ganguly
Advocate, Kolkata
23312 Answers
633 Consultations

5.0 on 5.0

Yes it will be helpful for you as you can prove the cruelty through the same 

Anilesh Tewari
Advocate, New Delhi
17378 Answers
277 Consultations

5.0 on 5.0

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