See no further FIR on same is required you can use this in your main matter and the divorce case. See counsellor has power to mediate only he cannot decide. Though his report may be considered by police.
I had filed FIR 498a and dowry act against my in laws and husband. Then they filed a false NCR on me which police closed it. Yesterday during police investigation my husband told that he has studied only PUC while marrying he had told BCOM. Now he is telling he worked as sales but during marriage he had told Bcom. Can I file one more complaint against this fraud ? Police have refereed us to woman cell for counselling. Will Counsellors help me? What powers that have? Will their support be considered in charge sheet?
What all options can i use? I have raised a complaint in national women commission. Which all other commissions can I goto ? I have DV case as well in court. I need more n more options to get justice
See no further FIR on same is required you can use this in your main matter and the divorce case. See counsellor has power to mediate only he cannot decide. Though his report may be considered by police.
You can file a case for Cheating under the Indian Penal Code and pursue criminal proceedings..
I don’t think so there’s a FIR lodged in your complaint. Police will register a case and lodge FIR against your husband and in laws only in case the mediation fails. Seek maintenance from your husband. Approach Family Court against him, seeking the appropriate remedy that you want
Dear
It is a procedure set by supreme court of India in cases of 498A which said police have to conduct atleast 3 counselling session for mediation before lodging FIR.
Yes you can add this fraud section also in the case that your husband did misrepresentation for marriage.
1) objective of counselling is help in reconciliation between parties
2) if they submit report that counselling has failed case would proceed against accused and charge sheet filed after investigations
3) you can file FIR against husband for cheating under section 420 of IPC if he misled you about your educational qualifications
You can file application for maintenance under section 125 cr pc
- Marriage on wrong infromation amounts to cheating , and also it is valid ground for dissolution of marriage.
- Yes, you can lodge your complaint on this ground as well .
- If, there is already FIR , then counselling not required by the police. Only court has power for the same , but before lodging FIR ,police can refer for counselling.
- You should submit all the nafarious acts of your husband and inlaws before the counseller, Counsellors are bound to listen and help you.
- Counsellor has no power to interfere in charge sheet , except I.O. of the case.
- The major functions of the NCW Include: Investigate and examine all matters relating to the safeguards provided for women under the Constitution and other laws.
- Since, you have already fiiled Dowry case and FIR against them, so now the court will deceide the case , and there will be zero interference of NCW in your case.
- Out of the cases filed by you , you should file maintenance petition against your husband under section 125 CrPc.
Good luck and dont forget to rating Positively.
Yes you can raise this issue of fraud wrt degree before counselling. Counselling is done so that people may sort out their issues. If it doesn't help you can go for divorce.
File a domestic violence case against them. That would help. Also file for maintenance.
Regards
Women cell counseling can help in your matter plus nwc officers can help in this regards. Still you're not satisfied with their justice. Than raised another case in the family court.
1. What he states before police has no legal value. So this is not fraud in legal parlance. Resist your temptation to file frivolous cases.
2. Counsellors have only persuasive powers. They cannot force either spouse to accept their suggestions.
3. Once FIR has been registered then no commission including Women Commission can grant you relief.
4. You are free to assist the state in prosecuting the accused in the court.
Dear Madam,
You may not get any justice at police station and commission. You can directly lodge an private complaint and get justice.
Dear Madam,
Procedure for dealing with complaints in national commission for
women
Counselor will try to solve issue amicably, no support in FIR.If you have his bio data provided for marriage than sec 420 cahrges will impute in same FIR.
.
The suppression of educational qualification by either of the party to the marriage cannot be considered as an act of cheating, hence no complaint in this regard will be entertained by police or the women cell.
You have been filing umpteen number of cases before various authorities.
Whereas you should know the fact that the women commission is actually toothless, they may appear to be very terrifying and vigorous but when it comes to practical issue, you may not get any solution through them.
Their orders are not taken care by any authority particularly the police.
Hence you may concentrate on the cases in hand with the police and court alone.