• Filed 498a and dowry act

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?
Asked 6 years ago in Family Law
Religion: Hindu

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18 Answers

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.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can file a case for Cheating under the Indian Penal Code and pursue criminal proceedings.. 

Mohammed Mujeeb
Advocate, Hyderabad
19328 Answers
32 Consultations

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 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

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. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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 

Ajay Sethi
Advocate, Mumbai
99826 Answers
8148 Consultations

You can file application for maintenance under section 125 cr pc 

Ajay Sethi
Advocate, Mumbai
99826 Answers
8148 Consultations

- 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.

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

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.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

File a domestic violence case against them. That would help. Also file for maintenance.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

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.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Yes you can file one more complaint if same is different cause of action. Yes counsellor helps

Prashant Nayak
Advocate, Mumbai
34549 Answers
249 Consultations

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.

 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Dear Madam,

You may not get any justice at police station and commission. You can directly lodge an private complaint and get justice.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Dear Madam,

Procedure for dealing with complaints in national  commission for 

women

  1. Receipt and Registration of Complaint : The complaint received would be required to be properly receipted, registered and expeditiously acknowledged. The complainant would be given a receipt bearing the complaint number which would be in consonance with the File number, for ready reference. 

  2. Examination of the Complaint: Subsequent upon registration of the complaint, the consultant would cause for the verification of the complaint so as to ascertain the veracity of the same and may seek further information from the parties if so considered necessary. 

  3. Action Proposed to be taken : Once the merits of the case have been established, the cell would take the following action: 

    1. Counselling: counselling services would be provided to the aggrieved and she would be told about the status of law and various options available to her.

    2. Resolution of the conflict through mediation/conciliation: the cell through its panel of experts would arrange for the mediation between the spouses via Video/Audio conferencing or in person, if possible, depending upon the complainants request. 

    3. Arrive at a settlement of the matter : through divorce to the wives satisfaction and the husband's capability. This can be followed by legal action for divorce in India or in other country, depending upon the situation, on mutuality. In the event of failure of mediation or mutual settlement, the aggrieved wife may be told about her legal rights and if she wishes, assist her in initiating legal proceedings. The cell at the same time would take the following action:

      1.  Take up the issue with the State Government and local police administration for initiating legal process.

      2. Request the concerned State Commission for Women for necessary follow up, monitoring and reporting the latest development in the case.

      3. Take up the case with Missions and NGO's Abroad - Counseling , Mediation, shelter, protection etc. of the aggrieved woman abroad

      4. Recommend the issuance of Look out Corner Notices, Recommend Issuance of summons abroad

      5. Recommend action under Section 188, 285, etc of Cr.P.C.passports Act and other laws.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

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.

.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

Commission report shal be beneficial for you.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

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.

 

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

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.

 

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

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