• Complaint in women's commission after 498a case

Hi lawyers,
My wife filed a complaint against me and my family members under sec 498a. We went to the police station for counseling where they demanded 25lakhs, which we refused to pay. 
We took station bail and returned. 
Now my wife filed a complaint in the women's commission against me and my family. I got a call from them to attend hearing on Monday 16th September. 
What are my options. They are refusing to give me any hint of the complaint filed against me. 

Thanks in advance.
Asked 4 years ago in Family Law
Religion: Hindu

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18 Answers

1) attend hearing on said date 

 

2) insist on copy of complaint to enable you to file reply 

Ajay Sethi
Advocate, Mumbai
94658 Answers
7524 Consultations

5.0 on 5.0

When you appear in the Commission on 16th Sept., first ask for a copy of complaint that your wife has filed against this. This may be done by way of preferring an application saying that you need a copy of complaint to enable you to file a reply to her complaint. 

 

 

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

1.  Once an Complaint has been filed with the Police dept., and bail has been granted, THEN the women's commission has no jurisdiction to entertain any such complaint, simply because the matter is now sub-judice and can be decided ONLY by the Court.

2. Attend the women's commission office, thru a lawyer and file your pre-prepared statement, giving the facts and the bail filed and state that the matter is sub-judice and let court decide the matter.  AFTER this you can simply refuse to give them any further oral /written statement (since you might be disclosing your defense points)

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

1. just appear and defend the complaint,

2. contents will be the same which she alleges in her complaint under section 498a

 

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

Don't worry you can visit in the women's cell for meeting there they will be doing counseling of yours and her. The question and answer series will be run if your past life history till date why this situation came into your family life etc etc

 

Because already you have take bail today against 498a so don't worry.

Ganesh Kadam
Advocate, Pune
12924 Answers
254 Consultations

4.9 on 5.0

Hello, 

Take anticipatory bail and then appear before the police authorities. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Since you obtained station bail, you need not worry.

As far as the second call is concerned, bring the issue to the knowledge of higher officials in writing.

Make sure that, you take help of a local advocate / some one when you go there, who can assist you in case of emergency.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

The complaint can be obtained by filing an rti application in the mediation centre in the police station. You should go there and talk to them and if the talks don't succeed then an fir shall be registered and then you shall have to take anticipatory bail.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

1. The Womens' Commission does not have any adjudicatory power and hence you may avoid attending the hearing.

Non attendance of the hearing is no crime and on this ground alone you can not be penalised.

So attending the Commission is your choice and there is no such merits and demerits in attending or not attending it.

I find no harm though if you attend the hearing.

Devajyoti Barman
Advocate, Kolkata
22809 Answers
487 Consultations

5.0 on 5.0

See you can go attend the date as decided in the commission and can contest same before the commission. That wife is falsely implicating you and demanding huge money for settlement.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You can seek anticipatory bail if FIR is filed. You can attend the inquiry it can't force you to settle

Prashant Nayak
Advocate, Mumbai
31911 Answers
179 Consultations

4.1 on 5.0

Women will also try to mediate. FIR already filed so no fresh FIR possible. Can go along with some lawyer.

Yogendra Singh Rajawat
Advocate, Jaipur
22623 Answers
31 Consultations

4.4 on 5.0

- Since, there is already FIR under section 498 A, then the role of CWC or Women Commission has been ceased.

- Now, after getting bail from Station , you should approach Court for getting regular bail .

- Appearance , before Womens Commission is not mandatory or necessary as per law.

- If, there no FIR under section 498 A till date against you and your family, then you are advised to appear before the CWC , otherwise no need to appear.

Mohammed Shahzad
Advocate, Delhi
13199 Answers
197 Consultations

5.0 on 5.0

No need to worry they are just calling you for a counselling session give details about the counselling happened in police station.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Hi 

No need to worry at all as women's commission can only do counselling  and they cannot award any punishment or judgment on the couple. 

Also given the fact that 498a has already been filed and station bail has been obtained, women commission can only counsel both of you.

So , you can choose to attend the commission along with a lawyer and give a statement denying the allegations made in the complaint .

Hope this information is useful. 

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

You can ask the same through RTI. Send RTIs to Woman Commission. 

Ideally the husband should file for a divorce based on cruelty committed by the wife by filing frivolous complaint against the Husband. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Dont worry about it, the women commission cannot take any legal action like police.

They will try to mediate  between you both 

If there is no reconciliation possible then they may advise her to approach court for any further reliefs on this.

 

T Kalaiselvan
Advocate, Vellore
84858 Answers
2188 Consultations

5.0 on 5.0

Dear Sir,

It is better to go and attend the case at womens commission and file your objections.

.What Category of complaints are entertained by the National Commission for Women?

Complaints related to following 19 broad categories are entertained by the National Commission for Women:

  1. Bigamy/Polygamy
  2. Cyber Crime against women
  3. Dowry harassment/dowry death
  4. Free legal aid for women
  5. Gender discrimination including equal right to education & work
  6. Indecent representation of women
  7. Outraging modesty of women
  8. Police apathy against women
  9. Privacy of women and rights thereof
  10. Reproductive health rights of women
  11. Right to exercise choice in marriage
  12. Right to live with dignity (Cruelty, Domestic Violence, Harassment)
  13. Sex Selective abortion/ Female foeticide/ amniocentesis
  14. Sexual harassment including sexual harassment at workplace
  15. Stalking/Voyeurism
  16. Traditional practices derogatory to women rights i.e. Sati pratha, devdasi pratha, witch hunting
  17. Trafficking/ Prostitution of Women
  18. Violence Against Women ( Rape, Attempt to Rape, Acid Attack, Sexual Assault)
  19. Women’s right of custody of children in the event of divorce.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

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