if reconciliation fails FIR can be filed against boy and family members for dowry harassment under section 498A read with section 2, 3 of dowry Prohibition act
When it becomes mandatory for Mahila Thana to lodge FIR IN Matrimonial cases?
Wife of one of my newly married (18/04/2019) relatives left (01/05/2019) the Matrimonial house just after ten days of marriage and still she is with his parents. She complained at Mahila Commission on 02/09/2019 making false allegations of all types( Cruelty, Rape and dowry). Mahila COmmission forwarded the application to concerned Mahila Police Choki in first week of November 2019. Since then counselling is going on 7/8 counsellings arranged but matter could not resolved. Meantime girl party send application to Family court for maintenace and the boy party has debarred the boy. Boy has also lodged complains under section 9 (calling for reinstitution) , 13 (basis for dv), 13(a)(dv) and under 156 FIR THROUGH court. One hearing in family court held. Three notices from court have been sent to girl. Names of all family members and some relatives have been given in complaint. Now what to do? Please suggest.In this circumstrances whether Mahila Thana go for lodging FIR AGAINST all whose names appears in application.
Asked 4 years ago in Family Law
Religion: Hindu
14 Answers
After last counselling, after how many days Mahila Thana send report to Mahilla commission. What does Mahila commission after getting report from Mahila Than?
Asked 4 years ago
state women commission seeks report in respect of allegations made by girl of dowry harassment etc
police station can inform commission that counselling has failed and FIR has been filed
FIR will register, if police refused, she can file through court. Mahila commission role is over, any report prepared or not, FIR will register.
On the contrary, Mahila commission had send matter to register and counseling is time pass/evading duty by police.
Yes police station of mahila thamna can file FIR if permitted as per provisions of law
as per the guideline of the supreme Court, when the complaint registered against the husband and his family, formally the police call upon you and your parents for enquiry purpose. You can go with all the information and supportive documents. if the police trying to deviate the matter or that to arrest or taking in to custody immediately, just request to police take up the counseling in another day for settlement. Just escape from the police station and apply the anticipatory bail in the concerned jurisdictional court. after obtained the bail, then only you attend the counseling of police station.
They first try to reconcile the matter and if reconciliation fails then they register the case. However it depends on how vigorously you pursue your case.
Dear Sir,
Procedure of National Commission for Women
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.
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.
Action Proposed to be taken : Once the merits of the case have been established, the cell would take the following action:
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.
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.
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:
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Take up the issue with the State Government and local police administration for initiating legal process.
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Request the concerned State Commission for Women for necessary follow up, monitoring and reporting the latest development in the case.
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Take up the case with Missions and NGO's Abroad - Counseling , Mediation, shelter, protection etc. of the aggrieved woman abroad
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Recommend the issuance of Look out Corner Notices, Recommend Issuance of summons abroad
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Recommend action under Section 188, 285, etc of Cr.P.C.passports Act and other laws.
The mahila police may register FIR if the mediation talks fail based on the complaint lodged before it.
Once FIR is registered then the accused have to obtain AB and then challenge the false case in the court during trial proceedings.
Once the matter has been referred to the Women police station by the women commission, then the police need not revert back to the women commission.
The women police station may proceed with the criminal case as per law which will include registering FIR, remand if necessary and filing charge sheet after investigation.
1. Yes mahilla thana can lodge FIR against the persons mentioned in the complaint.
2. Mahilla thana send report to SP and then SP orders the registration of FIR against accused persons.
1. Neither husband nor wife can file both Section 9 and 13 HMA.
2. The husband and his family members should wait for the filing of FIR and thereafter they should apply for either anticipatory bail or quashing of FIR in the High Court and seek a stay on the FIR itself.
3. Mahila Thana should have lodged FIR by now if counselling has turned out to be futile.
Yes the police station lodges complaint against all of the named members as they have participated in the alleged acts as per her story.
The thana sends report about the mediation a week or so. After that it lodges a fir.
- As per the information mentioned in the present query, makes it clear that boy has already made several cases against the girl and girl is also under the process of getting some false cases to get filed against the boy.
- Firstly, Mahila commission are there to protect the marriage and if nothing comes out be fruitful then proceed the case before the concerned magistrate.
- It May take few weeks more, but yes now after these many counselling you need not to be present now again.
- Mahila commission may not forward the report to Magistrate for its cognigense.
