• Disha PS counselling

Sir/Madam,

My wife is leaving separately from last 3 yrs that she wants divorce,but not revealing herself. They are expecting to tell my self by putting harrashment. Last year i filled RCR ,they filled MC,legal exp cases on me. After that no reply from her, i withdraw the RCR case. Her father is Sr advocate influencing the case ,police made complaint to attend counsellng on this lockdown time wantedly, which are leaving in different states. 
Due to transport issue, i was unable to go other state to attend counselling. Constable,Dsp not hearing anything, forcing me to attend.
Until there is no cases on me.

Due to my wife's brother marriage, she wants to come to my home & stay for sometime,after that again she is planning to file cases. In this case it is very dangor to me to take her my home.
Really i am looking for divorce from her and looking to take 5 yrs girl child.


How can i deal it. 
Can i complaint to SP
What cases can file against her, her father ?
Asked 4 years ago in Family Law
Religion: Hindu

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26 Answers

Just give them written reason, cannot come due to covid. Nothing will happen. Even police cannot travel to arrest you. 

Apply for anticipatory bail.

Dont let her come otherwise she will create false allegations of assault on her. 

She detested you from 3 years, valid ground of divorce. 

Apply for divorce. Also submit representation online to concern SP and DG, about the force to come by police and your inability to come due to transportation and covid crisis.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

No need to attend counseling without court order. Or to attend police until police issue notice 41 to attend to you. 

File divorce case immediately to get rid of attending to court of other state where your wife now staying in case,  she files any matrimonial case in court of that state,  before you file a case in your home state. 

This is because case filed later are ,as per law,  transferred to court where case is filed earlier and in such case you have to attend all court proceedings in other state. 

So immediately file any matrimonial case either divorce or separation  in your home district  without delay. 

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

File for divorce on grounds of mental cruelty and desertion 

 

2) Wife refusing to stay with husband for continuous period of 2 years amounts to desertion and is ground for divorce 

 

3) seek joint custody of your daughter 

 

4) you cnanot be forced to attend counselling during lock down 

 

 

Ajay Sethi
Advocate, Mumbai
94725 Answers
7536 Consultations

5.0 on 5.0

Don't allow her you stay. You can proceed with your legal steps. You can file contested divorce and later can also file criminal prosecution against her for misusing the legal machinery and false prosecution against you. 

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

- As per law, if wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.

- Further, Supreme Court in the matter of K.Srinivas vs K.Sunita (2014) 16 SCC 34.  held that if a false criminal complaint is preferred by either spouse it would undoubtedly constitute matrimonial cruelty and would entitle the other spouse to claim a divorce

- Hence for making your case stronger and to teach her a lesson , you and your family can file the following cases under the sections of the Indian Penal Code:

1 .under Section 120 B- Punishment for criminal conspiracy in which you can allege the conspiratorial nature of your wife's complaint 

2. under Section 182- Since the police is not following the Supreme court direction , and without verifying the genuineness of her complaints , threatening and force you to appear before the them  , hence it is clear that the police, in this case, is acting on false information and using his  lawful power to cause harm to you, so the police is also accused for the same.  

3. Section 191- Under this section, any person who gives false evidence to the Court or to the police is liable to be charged for giving false evidence, which if proven, can dismiss the whole case filed by her. 

4. Section 500: You or your family members can file a defamation suit against your wife  on the ground of that , due to her multiple filing of complaint , it has created a bad name for you in the society at large. 

- Hence, you can lodge complaint for the said harassment and mental cruelty before the senior police officer .

- If no response, you can file a criminal complaint before the magistrate as well. 

- Further the ways she has adopted against you are amount to cruelty , and hence you can file a divorce petition on the ground of cruelty and above mentioned ground as well. 

- Further, without a notice from the police official , you are not bond to appear before them legally. 

- For getting custody of child , you can approach the court . 

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

You may take an arrest stay from the hc or an anticipatory bail in case you have a fear of being arrested if ypu don't go for counselling.

You may file a domestic violence case against her through your mother. 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Yes, you can make complaints to SP and do not take her in your home till she withdraws all the cases with out any demand. 

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

1. Well, if she is serious to return to you for good then  it is a best scope to revive your marriage.

2. if not then you cna refuse her proposal and file a contested suit for divorce. In the saaid suit you can seek visitation rights for your child.

3. To seek full custody you need to file suit under Guardian and Wards Act in which chances of getting back the child remains very bleak unless er safety is endangered under her mother. 

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

File a divorce case 

File a 406IPC complaint 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

1. You do not need to go to police station.

2. Let police serve a notice under 41A Cr.P.C. to you and then you should apply for anticipatory bail.

3. If you do not wish to let her enter home then let her file a DV complaint case in the court and obtain a residence order in the shared household.

4. No case is made out against her father.

 

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. See firstly you may complaint before SP and may forward a letter in Home Ministry of state also and other senior police officials.

2. Secondly file divorce on ground of desertion and cruelty against your wife and refuse to take her back.

3. You may file a child custody petition along with application praying for interim custody or visitation rights can be also filed.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You cannot file any case against her without she harming you nor her father doing any illegal activity against you.

If you cannot tolerate the situation anymore, you can file a divorce case on the grounds of cruelty and desertion.

 

In this pandemic situation the police of that state cannot force you to attend the police station, you may not entertain their call.

 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

you can file a divorce petition on the grounds of mental creulty. 

if the court directed you to appear in counseling the simply file a petition by refusing the same . No court will forced you for counseling. For better suggestion contact local family lawyer. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You are entitled to file for divorce on the grounds of cruelty and desertion.

Wife staying away from husband for more than two years, you are entitled to seek desertion ground, since she left 3 years ago.

You can file for custody of child, since the child is 5 years old girl child, you will be given visitation rights, you can seek for joint custody of child.

During Lock Down, no one can force you to attend court / counselling, record their call and lodge complaint with concerned higher officials i.e., SP & CP.

 

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

1. You should send a written reply to DSP that you cannot come due to ban on travel but you should go to them and refuse to take her with you. 

2. You can straight away refuse their offer to take your wife with you. 

3. You should file divorce petition on ground of mental cruelty and dissertion.

4. You can also file case for getting custody of your daughter.

 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

If you want custody of your child or visitation rights apply to family court in this regard 

 

2) since police are not cooperating and wife is refusing to meet your child you need court orders in this regard 

 

 

3) if no reply is received from SP you can complain to commissioner of police 

 

4) you can with your wife visit family counsellor to resolve your differences or call meeting of elders for resolution of your disputes 

Ajay Sethi
Advocate, Mumbai
94725 Answers
7536 Consultations

5.0 on 5.0

1. You file a divorce case if the situation is intolerable.

Dont worry about what they will do subsequently.

Let them take any action, you can challenge them properly  as per law on merits.

You always have it in your mind tht law is common for all, hence you shed your fears about what  and how they will harm you, allow them to do whatever they want to do so that you will come to an idea about their future actions in order to defend your interests accordingly.

2. What is the grievance you have against her father, do you have any evidence to make a complaint agaisnt her father, without any evidence to prove his misconduct in his profession you cannot approach bar council with a complaint against him.

The bar council will not entertain your complaint if you cannot prove your allegations against him without any concrete evidence agaisnt their lawyer,.

Hence you may concentrate only on what relief you want and don't waste your time on deviated matters.

3. The above answer suits this question too.

4. Police cannot interfere in the child visitation matters, only court has power to allow the application for visitation rights.

 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

1. Since you have filed RCR , then other side without withdrawing the same divorce case will not maintainable.

- If , she not submitting reply , then you should move an application before the court for passing ex-parte decree against her .

- If you get the said decree , then on this ground you can file a divorce petition and the chances to get the same would be maximum. 

2. If you are not having any evidence against her father , then no action will taken place against him , and further it will go against you as well. 

3. You can lodge your complaint before the higher police official after writing your grievances. 

4. Mahila Cell is not having power to direct her for visitation right, except court order.

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

You can complaint and take all legal steps first it's better you defend your self from their false complaint and coercive action through anticipatory bail. Later you can plan your attack

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

If both parties are not able to reconcile their differences, it is better file  Mutual consent divorce

Without valid Proof Evidence you cannot file complaint against her father.  your complaint is not Maintainable. 

you can file complaint to Commissioner of police Or DGP. 

there is no such rules. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

No arrest in matrimonial cases and apply for anticipatory bail.

Bar counsel president, go easy than. Dont do anything.

 

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

1. See you may ask  your wife to give you in writing that she will not harass you , also you have not harassed her and she tried committing suicide .

2.You may again forward complaint before SP.and range IG against concerned officers and father in law.

3 You may complaint against them before SP and IG .

4. See for child you have to file for child custody , police has no jurisdiction on this subject.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1) Push with RCR, if she refused to join you can take advantage.

2) Send one more complaint, inspite of the same if the SP does not respond, you can escalate the same to CP.

3) To their higher officials CP & Home Minister

4) You can file application seeking custody of child.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

1. Decide what you want from them. What all you want them to agree upon. Put those things as conditions. 

2. You should send a complaint against her father in the State Bar Council via post.

3. Send a written complaint against the police officials to the CM office. 

4. No, there is no such rule

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

File a petition in the high court and praying to transfer the case to another district as your father in law is the bar president.

Moreover let them file the fir. You have to take a arrest stay or anticipatory bail.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

1. DSP cannot hold the courts to ransom. Police cannot now arrest without serving a 41A Cr.P.C notice if the FIR is lodged under Section 498A IPC.

2. Immediately apply for anticipatory bail in the HC after service of notice.

3. If bail is rejected by Sessions Court then obtain certified copy of the order and approach the High Court immediately.

4. There is no cause of action, disclosed by your facts, to file a complaint against her father.

5. Children should be kept away from PS even if there is no rule to this effect

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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