I just had a 1 month marriage ... 27th Feb 19 - 3rd April 19 Incident date _- 3rd April 19 MY parent (MOTHER) aged 70 yrs (retired from govt. of india) was pushed from the stairs by my wife, during a heated argument , as she used to fight everyday and mentally harass my mother... ( which in advance 3 days on 31st MARCH before the incident had been reported by me to the local police in the way of a information application that she harasses my mother and myself and forces me to leave her, and fights everyday with my mother and misbehaves with her ) Hence after this incident ON 3RD APRIL 19, the my mother filed a report in the local police station by dialing 100 ( which was a NCR not FIR) and her medical was done through the police in a govt. hospital where it was stated that she is hurt ( medical reports available), but no need to admit in the hospital...but i admitted her to a private hospital saying that she fell from the stairs , she was in the hospital for 4 days( reports available) Then SAME DAY she also filed a report in the same police station that my mother and myself torture her for dowry and i force her for prostitution, but the police sent her to the CAW cell Noida and she filed the same report at caw cell noida ( which later on was withdrawn by her, by telling the caw cell that she is not interested to file a complaint) I feel that this complaint was taken back by her because she was in kanpur that time and was not interested to come to noida to appear My mother then filed a DV case against my wife...for which she has been sent a notice also from the court to appear ( she has not appeared on the first date) Then from kanpur she had made a complaint which was sent to my local police station at noida thru ssp office kanpur, but the I,O, here at noida after investigating sent a positive report in my favour, QUESTION 1) can my mother get my wife arrested..???? if she does not appear in the court ?? QUESTION 2) Because NCR was filed by the police and not a FIR , so can my mother file a FIR on her now through court to get her arrested ?? After receiving the court notice from my mother , my wife filed a case at family court for me , as i got a call from the family court asking me to appear, but i said.... send me a notice only then i would appear. So they said ok, and the Notice is Yet to come QUESTION 3) I have till date not made any FIR against my wife, how can i ??? and on which grounds can i file a FIR against her ( very imp to file a FIR ) before appearing in the family court for the first time ????? pls let me have the best of advise, so that i can pressurize her and save my mother and myself from future complaints from her AND SAVE OURSELVES FROM ANY FIR
1. If FIR is lodged against her in a non-bailable and cognizable offence, she would be arrested, if she has not been granted anticipatory bail by the court and the police considers arresting her is necessary for proper investigation.
2/3.File petition under section 156 (3) of the code of criminal procedure for registering of FIR and ordering investigation to a magistrate having jurisdiction to try your case, if the police has failed to register FIR in your case.
Dear sir I am the only son and have been done BEDAKHAL from the house by my mother( this was done two years back) , as all properties and house are in her name only, so if any notice from family court comes in my name shud we accept or shud my mother say that he does not stay here??
1) if wife does not appear in court bailabale warrant can be issued against her
2) if no FIR is registered mother can file private complaint before magistrate to direct police to investigate and submit report
3) file case of criminal defamation against wife under section 500 of IPC for maligning your reputation
Do you stay there, refusal in accepting notice would ve deemed as a valid service. The summons have to be served on the actual place where you reside.
sir i stay with my mother in her house ...but i am bedhakal ( for last 3 years),,,so can my mother refuse to accept the family court notice which will come in my name,,,by saying that he dosen't stay with me,,, as the house is in my mothers name? because i would be prefer to first file a FIR on her then appear at the family court
mother should refuse to accept notice on grounds son does not stay in said house
if you are staying in same house then accept family court notice
If you stay there, in that case refusal of court notice is not advised.
If you don't want to be served, you can rent out some other place for yourself. Then, the notice can be refused.
Not under domestic violence case but court will pass ex parte decree whatever relief claimed by your mother.
File FIR through court, filling NCR by police is equivalent to not filling FIR.
Court never makes call, that was fake call.
Better ask you mother to file FIR, you chances are rare.
Ask you mother to application before collector under senior citizen act to restrain her from entering the house.
Your mother can pray for non bailable warrant if she doesn't appear in court the police will arrest her.
Mother can only file FIR now for any fresh cognisable offense only.
If she has filed any false case you can file FIR for false prosecution and later file complaint for defamation in court only after you gets acquittal or discharge from the offence.
A domestic violence case has been registered by you against your wife. You cannot stop her from filing any case against you but lodge an fir and it should be lodged against the wife by your mother. The family court notice should be accepted as you live with her although you must have given in newspapers about bedakhal.
Lodge an attempt to murder against her for pushing your mother.
Regards
Accepting notice or not doesn't change anything. The court shall proceed even without you if you are not interested in attending the court proceedings. That notice is deemed to have been served to you.
You shouldn't stay there if you have so declared as it defeats the very purpose for whixh you did that.
QUESTION 1) can my mother get my wife arrested..???? if she does not appear in the court ??
THAT IS FOR THE COURT TO DECIDE. COURT HAS ALREADY SENT HER SUMMONS TO APPEAR. IF SHE DOES NOT APPEAR THEN COURT ISSUE BAILABLE WARRANT AND IF SHE DOES NOT APPEAR THEN TOO, THEN COURT CAN ISSUE NON BAILABLE WARRANT AGAINST YOUR WIFEQUESTION 2) Because NCR was filed by the police and not a FIR , so can my mother file a FIR on her now through court to get her arrested ??
FIR MEANS 'FIRST INFORMATION REPORT', THAT IS INFORMATION GIVEN IN THE FIRST OR EARLIEST POSSIBLE INSTANCE. FILING AN FIR NOW WILL BE CONSTRUED AS AN AFTERTHOUGHT BY YOU AND MAY GO AGAINST YOU. WHEN THE OFFENSE WAS DISCLOSED TO THE POLICE, THE POLICE SHOULD HAVE APPLIED THE RELEVANT SECTIONS OF INDIAN PENAL CODE AND DECIDED WHETHER A FIR IS NEEDED OR NOT. AS NO FIR IS LODGED AND POLICE HAS RESTRICTED YOUR MOTHER'S COMPLAINT TO JUST A NCR, I DONT THINK TRYING FOR AN FIR NOW WOULD ASSIST YOU. HOWEVER SINCE YOUR MOTHER WAS PUSHED FROM STAIRS, THIS AMOUNTS TO CULPABLE HOMICIDE NOT AMOUNTING TO MURDER WHICH IS A COGNISABLE OFFENSE. SO YOUR MOTHER CAN STILL LODGE A FORMAL FIRAfter receiving the court notice from my mother , my wife filed a case at family court for me , as i got a call from the family court asking me to appear, but i said.... send me a notice only then i would appear.
So they said ok, and the Notice is Yet to come
QUESTION 3) I have till date not made any FIR against my wife, how can i ??? and on which grounds can i file a FIR against her ( very imp to file a FIR ) before appearing in the family court for the first time ?????
YOUR MOTHER CAN MAKE. YOUR DISPUTES WITH YOUR WIFE WOULD COME WITHIN THE REALM OF THE FAMILY COURT FOR WHICH YOU CAN SEPARATELY FILE A DV CASE
Dear sirI am the only son and have been done BEDAKHAL from the house by my mother( this was done two years back) , as all properties and house are in her name only, so if any notice from family court comes in my name shud we accept or shud my mother say that he does not stay here??
sir i stay with my mother in her house ...but i am bedhakal ( for last 3 years),,,so can my mother refuse to accept the family court notice which will come in my name,,,by saying that he dosen't stay with me,,, as the house is in my mothers name?
DESPITE YOU BEING OUSTED FROM YOUR MOTHER'S PROPERTY, YOU STILL RESIDE THERE. SO IF YOU DO NOT ACCEPT NOTICE THEN IT WILL BACKFIRE AGAINST YOU. NOT ACCEPTING NOTICE WILL BE TAKEN AS DEEMED SERVICE ON YOU. COURT IS NOT CONCERNED WHETHER YOU ARE PRONOUNCED AS BEDAKHAL BY YOUR MOTHER OR NOT. COURT ONLY WANTS TO ISSUE NOTICE TO YOU AT YOUR LAST KNOW ADDRESS. SO ACCEPT THE NOTICE. DONT EVADE IT!because i would be prefer to first file a FIR on her then appear at the family court
DOES NOT MAKE ANY SENSE!
Your mother will have to appear in the court or challenge the maintainability of the case that has been filed by her.
Regards
You should accept the notice otherwise the court will proceed ex parte
Yes court can issue non bailable warrant against your wife if she didn't appear in court.
Yes your mother can lodge FIR against your wife.
You can lodge FIR against her on ground of beating to your mother and throwing her from stairs.
it is advisable to continue with domestic violence case and FIR from your mother against your wife.
1. In DV case there is no arrest, she can be convicted only after the judgement is pronounced by court in your mother's favor.
2. She can ask the police to register the FIR based on the NCR, if they refuse then you mother can approach judicial magistrate court seeking direction to the concerned police to initiate proper legal action on the pending complaint before them.
3. What is the reason that you will lodge any complaint against your wife?
You may not be able to lodge any complaint against her without any valid reason.
If you want to know what cases she has filed against you then you should accept the summons and then challenge her case properly in the court.
She cannot file a divorce case within one year from the date of marriage.
hence it may be a maintenance case under section 125 cr.p.c.
However you receive the same and ascertain the facts.
Your thoughts and ideas on this will not be useful to you, you may have to plan things properly.
You should accept the summons and dont give any lame reasons for not accepting it.
You cannot lodge any criminal complaint against her, what is the reason you have to file any complaint against her.?
Instead of concentrating on such impractical ideas, you may better think practically about dealing with her case properly as per law.